Foreign Victims of Violence May Also Apply for Permission to Stay at the Immigration Office with Jurisdiction over Their Protection Facility

Foreign nationals staying in shelters or other protection facilities because they are victims of domestic violence, sexual violence, child abuse or human trafficking may now also apply for permission to stay at the immigration office or branch with jurisdiction over the location of the protection facility. The Ministry of Justice’s Korea Immigration Service implemented the system from August 24 and officially announced it on September 4.

Eligible applicants may apply at the office with jurisdiction over the protection facility for the granting or change of status of stay, or for an extension of the period of stay. The measure is intended to reduce problems under the previous rule, which required applicants to visit only the office with jurisdiction over their registered place of stay and could force them back into the perpetrator’s area or expose their current location.

What does the Korea Immigration Service do?

The Ministry of Justice’s Korea Immigration Service handles immigration and foreign-resident administration, including the entry and departure of foreign nationals, stay, nationality and social integration. A foreign national who wants to extend an authorized period of stay in Korea or change status of stay must go through an application procedure at the immigration office with jurisdiction.

Jurisdiction is normally determined by the place of stay recorded in foreigner registration. However, when a victim of violence moves for safety to an undisclosed protection facility in another area, returning to the original area simply to complete an administrative procedure can itself create personal-safety risks and psychological burden. The change expands the places where an application may be filed so that, in such circumstances, the applicant can use the office with jurisdiction over the protection facility where they are actually staying.

Who does it apply to?

The group specifically identified in the Ministry of Justice announcement is foreign nationals covered by the special rule for marriage immigrants under Article 25-2 of the Immigration Act. This includes victims of domestic violence, sexual violence, child abuse or human trafficking whose rights-remedy procedures are ongoing.

Jurisdiction has not been freely changed for every type of stay-related application. Filing with the office that has jurisdiction over a protection facility presupposes the applicable conditions of violence victimization and an ongoing rights-remedy procedure. Applicants should organize, together with protection-facility staff and the immigration office, materials that can confirm the type of stay permission they need and their victimization and protection circumstances.

How should an actual application be prepared?

If you are currently admitted to a shelter or protection facility, first ask facility staff which immigration office or branch has jurisdiction over its location. Then determine whether the needed application is for granting a status of stay, changing a status of stay, or extending a period of stay, and prepare your passport, foreign registration card, the basic documents for that stay-related application, and materials confirming the rights-remedy procedure and admission to the protection facility.

It is efficient to ask the receiving immigration office in advance whether a visit reservation or additional documents are needed. The key point is that the stay procedure can continue at the office with jurisdiction over the facility where the person is currently being protected, without returning to the former registered place of stay.