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This case involves a Canadian overseas Korean who married a Korean wife.

There are two main visa options available for overseas Koreans (F-4):

① Short-term Visit for Overseas Koreans (C-3-8)   ② Overseas Korean Visa (F-4)

In addition to the above, depending on eligibility, overseas Koreans or foreigners may apply for other types such as:

Work and Visit (H-2), Permanent Residency (F-5), Marriage Immigration (F-6), Family Visit (F-1), etc. Note that each visa type comes with its own restrictions regarding employment or other activities, so it is important to choose the one most appropriate for your circumstances.

In this case, the client initially considered applying for a marriage visa due to his Korean spouse. However, since the marriage visa processing time tends to be lengthy and he had urgent overseas travel plans, he proceeded with the overseas Korean (F-4) visa instead.

💡 Overseas Korean Visa Process

For women applying for the F-4 visa, there are generally no major restrictions. However, under the "Yoo Seung-jun Prevention Act" (Overseas Koreans’ Immigration Law), males who failed to fulfill their military service obligations may be restricted based on age. Fortunately, in this case, the applicant was over 41 years old and thus eligible for the F-4 visa.

🔖 Act on the Immigration and Legal Status of Overseas Koreans

[Effective Date: December 14, 2023] [Act No. 19434, Partial Revision on June 13, 2023]

Article 5 (Grant of Stay Status for Overseas Koreans)

① The Minister of Justice may grant the F-4 stay status to a foreign national of Korean descent who wishes to engage in activities in Korea upon application.

② The Minister of Justice may deny the grant of stay status under Paragraph 1 if the applicant falls under any of the following categories. However, if deemed necessary by the Minister of Justice, stay status may be granted starting January 1 of the year the applicant turns 41.

1. Males who lost or renounced their Korean nationality without meeting any of the following military obligations:

a. Completion (or deemed completion) of active duty, supplementary service, or alternative service

b. Enrollment in wartime labor service

c. Official exemption from military service

For overseas Koreans, the most important step after visa issuance is resident registration. Even after entering Korea, the visa becomes valid only when the individual completes resident registration at the Immigration Office within 90 days of entry.