Before Deciding to Emigrate

Emigration refers to individuals and their families who move to foreign countries to make a living, marry foreigners, or form other special relationships abroad. Thoughtful consideration and caution are needed, as emigration means leaving the familiar behind for the unknown. The overseas migration intermediary business operated under a licensing system until 1999. However, following government deregulation, businesses are now only required to meet basic criteria and report them to the Overseas Koreans Agency.

As public interest in immigration grows, the number of registered overseas immigration agencies is expected to increase. While this offers more options for those wishing to emigrate, it has also led to the emergence of lower-quality intermediaries. Recently, companies based in other countries, such as the United States, have begun contacting domestic clients online. Since these companies are not registered with the Overseas Koreans Agency, please exercise caution when dealing with them.

Prospective emigrants should carefully consider various aspects, including the destination country's immigration policies, the agency’s track record, and any previous mishandling of cases, before selecting a reliable agency. Recently, disputes have arisen between overseas immigration agencies and prospective immigrants regarding unskilled worker/employment immigration to Canada. Please be aware that “Employment Immigration” is not a recognized category of immigration in Canada; such cases are classified as “Employment,” not immigration.

Employment and immigration are distinct.

Keep in mind that disputes may arise with overseas immigration agencies if immigration procedures are not handled properly. It is essential to outline dispute resolution methods clearly when signing contracts with agencies.

Precautions in Case of a Dispute

If you are planning to emigrate, please visit the Overseas Koreans Agency website to verify whether the immigration agency is insured, operational, or suspended. Always proceed through a reliable company.

When using a standard contract provided by an overseas immigration agency, carefully review the terms, procedures, and commission payments before signing.

In particular, it is critical to specify dispute resolution methods in the contract, as disputes may arise if immigration arrangements fail after a contract has been signed.

How to Handle Disputes

All matters related to overseas migration arrangements, including immigration fees, are determined at the discretion of registered agencies. Disputes between overseas immigration agencies and applicants have been increasing. If a dispute arises during the immigration process after signing a contract with an overseas immigration agency, please refer to Article 9 of the 「Enforcement Rules of the Emigration Act」 and take the necessary actions.

Guarantee Insurance for Overseas Immigration Agencies

While immigration procedures can be arranged independently, those who are unable to do so may opt to use an immigration agency. According to the 「Emigration Act」, agencies registered with the Overseas Koreans Agency are required to subscribe to guarantee insurance policies (with the Commissioner of the Overseas Koreans Agency as the insured) of at least 300 million won, and in some cases more than 500 million won. This serves as collateral to compensate for any damages incurred by contractors or companies during the immigration process. However, considering that immigration processes take a long time and mediation fees can be substantial, it may be difficult to cover all losses through the guarantee insurance alone. Therefore, those planning to emigrate through an intermediary agency should thoroughly review the immigration system and legally assess the contract terms to avoid potential issues.

Statute of Limitations for Claiming Guarantee Insurance

How to Claim Insurance

How to Claim Guarantee Insurance Money for Immigration Arrangement Contracts

Reasons for Claiming Insurance

Apostille and Legalization

Overview of Overseas National Registration

The target for overseas national registration is Korean citizens who reside or stay in a foreign country for more than 90 days (excluding those who have lost their Korean nationality). Retroactive overseas national registration is not possible for previous residencies that no longer apply.

To register as an overseas national, please submit an application form and a copy of the applicant’s passport (including the pages showing Personal Information, Departure Stamp, Entry Stamp, and Valid Visa) to the appropriate diplomatic office in your area of residence (embassy, consulate general, consulate annex, or branch office). You can also apply online through the Consular Civil Service 24 website.

In principle, individuals should register as overseas nationals themselves. However, lineal family members and spouses can also apply on behalf of the individual. In this case, additional documents (Family Relationship Certificate, Family Census Register, Power of Attorney, and the representative's ID Card) are required to prove the relationship between the representative and the applicant. (Please note that mail applications are only available to the applicants themselves).

Overseas Koreans Returning to Korea

A registered overseas national must report to the Commissioner of Overseas Koreans Agency within 90 days of returning to Korea if they intend to stay for more than 90 days.

You can report your return to the Emigration Office upon arrival in Korea or at overseas missions before returning. The required documents for reporting your return are the Return Report and the Registered Person's ID Card.

The spouse, spouse's immediate family, the registered person’s lineal immediate family, and their spouses can report the registered person’s return on their behalf. In such cases, the Family Relationship Certificate, Family Census Register, Power of Attorney, and the representative’s ID Card must be submitted to prove the relationship between the representative and the registered person.

Cancellation of Overseas National Registration

The registration of an overseas national will be canceled if any of the following apply:

Information on Obtaining a Copy of the Overseas Koreans Register

A copy of the Overseas Koreans Register is a document that confirms the registration of individuals who have completed registration at the relevant overseas mission.
※ A copy of the Overseas National Register cannot be used as a document to directly prove the overseas stay period of overseas Koreans.

Overseas Koreans can only be registered at the relevant diplomatic missions (embassy, consulate general, consulate annex, or branch office) in the country where they reside. However, a copy of the Overseas National Register can be issued both at the registered diplomatic missions and in Korea.