Refugee and Temporary Landing

Refugee and Temporary Landing

Important

You as a foreigner must submit the documents for application by yourself and you cannot delegate anybody according to the Korea nationality law.

I can check the requirements for application and prepare documents for you.

I will not help illegal immigrants.

 

Terminology

Refugee

A refugee is a person who is unable or unwilling to be protected from the country of nationality because of the fear of persecution for race, religion, nationality, membership in a specific social group or political opinion. A refugee and an asylee are treated as the same term in South Korea.

  • Refugee seeker must be recognized as a refugee to be protected under the refugee act in South Korea.
  • Top origin countries are Myanmar, Ethiopia, Bangladesh, Pakistan, and Iran.

 

Humanitarian status holder

A humanitarian status holder is a foreigner who is not recognized as a refugee but granted the specific status of stay because he or she can be persecuted when going back to the country of nationality.

  • Top origin countries are Syria, Myanmar, China (PRC), Pakistan, and Ivory Coast.

 

Refugee desiring resettlement

A refugee desiring resettlement is a foreigner who wants to migrate to South Korea among refugees outside South Korea.

A refugee who gets a permit from the Korean government can resettle in South Korea.

 

Process

1. Application

Type A

You can apply for recognition as refugees in South Korea.

Illegal immigrants are also eligible.

No forced repatriation until application process is completed.

 

Type B

You can also apply for recognition as refugees at the international airport and port in South Korea after arrival.

You as refugee applicant can stay in the airport and port for 7 days and will be provided the clothes and foods. No forced repatriation until application process is completed.

The status of refugee applicants begins only when the chief of the immigration office decides to review the application.

In case the chief of the immigation office decides not to review the application, the ordinary arrival process will go on instead.

 

2. Review and decision

The Korean authorities will interview the applicants and investigate the relevant facts for up to 6 months and decide whether to recognize them as refugee.

You as refugee applicants can get help from attorneys-at-law and interpreters. The personal information of you will not be public and not be provided to the countries of your nationality.

Recognized refugees will have a refugee certificate. Recognized refugees can apply for reissuance of refugee certificate in case of loss and wear.

Applicants who is not recognized as a refugee but granted the specific status of stay can stay in South Korea.

Applicants who failed to get recognition as refugees can appeal to authorities within 30 days. Applicants who appealed can stay until the decision which is usually made within 6 months.

Applicants who failed to get recognition as refugees can file a lawsuit within 90 days and applicants can stay until the judicial ruling.

 

Treatement after application

1. Refugee applicants

You will have G-1-5 visa status. You can get humanitarian aids like cost of living assistance, job, medical service, public insurance, and education.

However, if the administrative appeal or litigation is under going after the refugee application was rejected or the application is fake, the aid will be limited.

 

2. Humanitarian status holders

You will have G-1-6 visa status. Your spouse and minor children will have G-1-12 visa.

You and your family members can receive humanitarian aids like job, residence, medical service, public insurance, and education.

 

3. Recognized refugees

You will have C-3-1 or F-2-4 visa status. Your spouse and minor children will have C-3-1 or F-1-16 visa status.

You and your family member will have the same level of social security as Korea nationals. You can also get medical and educational aid.

 

Cancellation and withdrawal of refugee status

In case that it is found to use false documents, deliver false statements or hide facts, the authorities may cancel the recognition of refugees.

In some cases such as below, the authorities may withdraw the recognition of refugees.

  • A refugee receives protection from the country of nationality again.
  • A refugee recovers the nationality voluntarily.
  • A refugee gets a new nationality.

A foreigner who lost refugee status can appeal to the authorities within 30 days or file a lawsuit within 90 days.

 

Refugee travel document

You as recognized refugee must have a refugee travel document to depart from Korea. Refugee travel document has the same effect as a passport.

The Valid period is 3 years. No need permit for reentry for 3 years.

Application for reissuance of refugee travel document is required within 14 days after the incident such as loss, wear, etc.

In case that a refugee who departed from Korea with a refugee travel document cannot reenter due to inevitable reasons like disease, he or she can apply for extension of valid period within 6 months at the Korean embassy or consulate.

 

Temporary landing permission for refugee

1. Requirements

Foreigners who are on the ship or airplane after escape from a territory where they are afraid of being persecuted for race, religion, nationality, members of specific social groups or political view can apply for temporary landing permit.

  • Foreigners who don’t have a passport or were prohibited from entering South Korea can also apply.
  • A temporary landing permit does not mean recognition of refugee. Application for refugee status should be done seperately.

 

2. Application process

You must submit an application document and various documents for proving the reason to apply. Foreigners can stay for up to 90 days with approval from the Korean authorities.

You can apply to extend the period of temporary stay.

You can apply for refugee status and temporary landing permit together.

 

Services

I can check the requirements and prepare the documents required for applications of refugee status, temporary landing permit, visa change and humanitarian aids.

Contact for refugee application