“Refusal of Refugee Status Is Not the End: A Complete Guide to Humanitarian Stay G‑1‑6”

 “Even if refugee status is finally denied, if returning to the home country is likely to result in serious human rights violations such as threats to life or physical safety, there is a system under which the Ministry of Justice exceptionally allows the person to stay in Korea, called ‘Humanitarian Stay (G‑1‑6).’ G‑1‑6 is not just a simple extension of stay; it is an important safety net that enables a person to maintain a living foundation in Korea even after refugee status has been denied, so it is necessary to understand its structure correctly.

 

Humanitarian Stay Holder (G‑1‑6)

 

G‑1 is the ‘Other (G‑1)’ status of stay that does not fall under the general statuses from Diplomat (A‑1) to Visit and Employment (H‑2) or Permanent Resident (F‑5), but is granted to persons whose stay is recognized by the Minister of Justice on humanitarian grounds. Among them, G‑1‑6 refers to ‘persons whose refugee applications have been denied but who have been granted humanitarian stay,’ and it is granted for protection purposes in cases where, although the strict criteria for refugee status are not met, there is concern about serious human rights violations if the person is forcibly returned.

 

In practice, it is easier to approach the case by understanding that a refugee applicant (G‑1‑5) who has received a denial notice is converted to G‑1‑6 through a separate humanitarian stay review.

 

Criteria for granting and extending the period of stay

 

- Initial grant

- When humanitarian stay is recognized for a person whose refugee application has been denied, a period of stay of one year is granted from the date the decision is notified.

- Under the general principle for all G‑1 statuses, the maximum period of stay that can be granted at one time is one year.

 

- Extension of the period of stay

- A humanitarian stay holder may receive an extension of stay for up to one year at a time, as long as the humanitarian grounds have not disappeared, and at each extension the authorities re‑examine whether those grounds still exist.

- In general, the authorities require: the application form (Annexed Form No. 34), passport, alien registration card, and documents proving the place of residence (such as a lease contract, accommodation provision certificate, utility bill receipts, or residence confirmation issued by refugee support facilities or UNHCR), and the fee is the same as for other foreign residents.

 

Employment (Activities Outside the Authorized Status) for Humanitarian Stay Holders – Including Construction Work

 

Although G‑1‑6 itself is not an “employment visa,” humanitarian stay holders, like refugee applicants, can be widely permitted to work by obtaining prior approval for activities outside their authorized status. The key point is that humanitarian stay holders have a broader range of permissible employment than refugee applicants.

 

- Eligible applicants for work permission

- Persons who have been granted humanitarian stay after their refugee applications were denied (G‑1‑6), family members of humanitarian stay holders (G‑1‑12), and family members of recognized refugees (F‑1‑16) are eligible to apply for permission to engage in activities outside their authorized status.

 

- Scope of permissible work

- The basic principle is the same as for refugee applicants; however, “humanitarian stay holders are also allowed to work in the construction sector.”

- When working in construction, there is an obligation to complete the “Basic Safety and Health Education for Foreign Workers in the Construction Industry” after receiving the approval for activities outside the authorized status.

 

- Restricted sectors (summary)

- Business places engaged in gambling or speculative activities as defined in the Act on Special Cases Concerning the Regulation and Punishment of Speculative Acts;

- Working as an entertainment worker in businesses such as karaoke bars or adult entertainment bars under the Food Sanitation Act;

- Businesses that offend public morals under the Act on the Regulation of Sex‑Oriented Businesses, youth‑restricted venues and employment, private tutoring as prohibited by relevant laws, and other sectors restricted by statute.

 

- Duration and procedure for work permission

- Permission to work can be granted for up to one year within the existing period of stay, and every time the workplace is changed, a new approval for activities outside the authorized status must be obtained.

- The applicant must submit the application form (Annexed Form No. 34), passport, alien registration card, employment contract, a copy of the employer’s business registration certificate, and documents proving qualification, and once approved, the status is registered in the immigration system under the code E‑7‑H.

 

Stay of Family Members of Humanitarian Stay Holders (G‑1‑12)

 

Since it is practically difficult for a humanitarian stay holder to live alone, a separate status of stay, G‑1‑12, is granted to their family members to allow them to stay together.

 

- Eligible persons

- The spouse and minor children of a humanitarian stay holder (excluding minor children who are themselves married) are eligible for G‑1‑12.

 

- Period of stay

- The period of stay is granted within the period of stay of the humanitarian stay holder, and extensions are also linked to the extension of the main holder’s G‑1‑6 status.

 

- Required documents

- Application form (Annexed Form No. 34), passport and alien registration card, standard‑size ID photo, and the applicable fee.

- Spouse: documents proving the marital relationship, such as a family relationship certificate and marriage certificate.

- Minor children: documents such as birth certificates proving the parent‑child relationship and age, and documents proving the place of residence (lease contract, accommodation provision certificate, utility bill receipts, or residence confirmations from refugee support facilities or UNHCR).

 

Practical Points for Humanitarian Stay and the Role of an Administrative Agent

 

- Strategy after refugee denial

- Receiving a notice of refugee denial does not mean that departure is the only option; if the risks upon return to the home country can be objectively substantiated, it is possible to continue staying in Korea in one‑year increments through humanitarian stay (G‑1‑6).

- At this stage, it is important to reorganize materials that were not submitted during the refugee application, changes in the human rights situation, and concrete circumstances of individual threats, and to present them in a persuasive way.

 

- Employment and livelihood planning

- Because humanitarian stay holders are allowed to work in a relatively wide range of occupations, including construction, it is beneficial to design a strategy for activities outside the authorized status that focuses on establishing a long‑term “living foundation” rather than merely short‑term stay.

- If unauthorized employment occurs due to a lack of understanding of restricted sectors, it can result in serious disadvantages during later reviews for extension or change of status, so it is essential to check in advance both the industry code and the actual job duties.

 

- Family accompaniment and long‑term planning

- Since the periods of stay for the main G‑1‑6 holder and their G‑1‑12 family members are linked, coordinating the timing of extensions and preparing the necessary documents together is advantageous for administrative efficiency and risk management.

- In the long run, it is advisable to consider not only stability of stay and children’s education, but also the possibility of transferring to other statuses (such as employment, marriage, or permanent residency).

 

Administrative Attorney Seong-In Kim can help minimize the “gap” after a refugee denial and provide a concrete pathway to continue living in Korea by designing, as a package, the humanitarian stay application and extension, permission for activities outside the authorized status (work permission), and the family G‑1‑12 status. Many inquiries are welcome. The end.