17, 2019 december

The Korean National Assembly is debating tougher charges for the companies of unlawful residents. For everyone voluntarily reporting residence that is illegal 28 February 2020, charges will likely be paid down or exempted.

Penalty Increases

Illegal residents are susceptible to fines which range from KRW 1,000,000 for unlawful remains of less than one thirty days to KRW 20,000,000 for unlawful remains of 3 years or maybe more.

The utmost penalty for companies of unlawful residents is KRW 20,000,000 OR 36 months’ imprisonment. The proposed amendment presently under conversation would increase this to KRW 50,000,000 AND 5 years of imprisonment.

Voluntary Reporting for Prohibited Residents

For unlawful residents who voluntarily report their status that is residential by February 2020 and therefore are planned to go out of the united states by 30 June 2020:

• The penalty cost will be exempted.
• A “Certificate of Voluntary Departure” is likely to be given, letting them re-apply for the Korean visa in the long run. On reapplying, they’ll certainly be given a single-entry C3 visa allowing a maximum stay of ninety days. Should they then leave the nation within ninety days, and without committing any unlawful tasks, they could qualify for multiple entries and a lengthier timeframe of stay the very next time they submit an application for a visa.
• They shall be permitted to submit an application for TOPIK (Test of Proficiency in Korean). When they get degree 2 or above, they’ll be permitted to submit an application for an E9 visa (for employees from specific nations just).

For unlawful residents who voluntarily report their status that is residential by February 2020 but they are scheduled to go out of the united states after 30 June 2020; OR

For unlawful residents who do maybe not voluntarily report their unlawful status that is residential 28 February 2020 and are usually caught by government research after 2 March 2020:

• The penalty charge will be imposed as well as the breach duration will soon be determined from 1 March 2020.
• Any foreign national who paid a penalty fee for illegal residence will be banned from re-entry to South Korea for between six months and one year whether or not they voluntarily reported their residential status.
• People who usually do not pay the penalty charge in complete should be forever prohibited from entering Southern Korea.

Voluntary Reporting for Companies

Production industry

• The reporting that is voluntary will run between 11 December 2019 and 31 March 2020.
• For companies whom report during this time period, the penalty fee will soon be exempted and their illegally-resident employees are going to be permitted to remain for three more months through the reporting date.

Agriculture and fishing industry

• The voluntary reporting system will operate between 11 December 2019 and 15 January 2020.
• The penalty fee will be exempted and their illegally-resident employees will have legal opportunities for seasonal work for employers who report within this period. a brand new visa type for regular employees (E8) is under conversation in the Ministry of Justice.

Little and businesses that are medium-sized the Employment allow System (EPS)

• The voluntary reporting system will operate between 11 December 2019 and 31 March 2020.
• For employers whom report inside this duration, 30% of this penalty cost shall www.hookupdate.net/nl/little-armenia-recenzja/ be imposed. But, if they’re caught by federal government investigation with out reported, 100% associated with the charge will likely to be imposed and they’re going to be prohibited from employing international nationals for at the very least 36 months. The penalty cost shall be determined by immigration officers on the basis of the period of the time of breach.
• For unlawful residents reported by their companies through this period, 30% associated with penalty fee are going to be imposed, and they’ll be permitted to work on the sponsoring business until their E9 visa expires. Them to find another job if they prefer to work elsewhere, the Ministry of Employment and Labor will help. Nevertheless, if they’re caught by federal government investigation with out reported, 100% associated with the penalty fee is likely to be imposed along with a forced departure purchase.

Case Studies

Case 1

A D8 visa holder sponsored by company A, inadvertently missed the expansion due date with their Alien Registration Card (ARC).

• A penalty charge shall be imposed. The time scale of breach will likely be determined from the time following the ARC expiration date.
• In the event that immigration officer discovers that the application form due date ended up being missed in error, then your ARC owner will likely be exempted through the ban on re-entry.
• Most of the required documents must be prepared and, more to the point, both ARC owner and manager must not have any appropriate violations and unpaid taxes.
• There’s absolutely no big modification when compared to present policy.

Situation 2

An D8 visa owner sponsored by business a has additionally been working at business B, that will be when you look at the exact same group as business A.

The visa owner happens to be paid from both entities but his D8 visa ended up being sponsored by company A only, while the work on business B had not been reported to your immigration office.

• A penalty fee are imposed for both the ARC company and holder B.
• The time of breach shall be determined from the date the visa holder received re re payments from business B, which can be found via their withholding tax certificates.
• The re-entry ban (for 6 months to a single year) will be different from instance to situation, during the discernment of immigration officers, however it is most most likely that to be employed generally in most situations. The chance of the re-entry ban in such cases is really a policy that is new.
• The D8 visa holder and their second workplace want to show it was an easy error and never tax avoidance that is deliberate.

Case 3

An E9 visa owner has finished work on the visa sponsor company (company A). The E9 visa has validity that is remaining while the holder has acquired an innovative new work at yet another business (company B) be effective before the E9 expiration date.

• Aside from visa type, working at a non-sponsoring business is unlawful additionally the Korean federal government will impose the stiffest laws in such cases.
• A penalty cost both for company and worker will likely to be determined through the date the visa owner began work on business B.
• Year the visa holder will also receive a departure order and will be banned from re-entry to South Korea for between six months and one. If the penalty just isn’t compensated, the ban will be permanent.

Companies whom can be impacted are encouraged to contact a Newland Chase immigration consultant for case-specific advice.

For general information and advice on immigration and business visit South Korea, please contact us.