1. Eligibility and Scope of Activity

What is the Employment Permit System? This is a system that permits employers to hire foreign workers under the 「Act on the Employment, etc. of Foreign Workers」, and allows foreign workers to be employed by the authorized employer for a maximum of 4 years and 10 months. Since the system's implementation in August 2004, it has been operated through MOUs with 17 countries.

Foreigners are permitted to be employed by small and medium-sized enterprises with less than 300 regular workers (based on employment insurance) or a capital of 8 billion KRW or less.

Designated Countries for Employment Permit System (17 Countries)

Thailand, Philippines, Sri Lanka, Vietnam, Indonesia, Mongolia, Pakistan, Uzbekistan, Cambodia, China, Bangladesh, Nepal, Myanmar, Kyrgyzstan, Timor-Leste, Laos, Tajikistan

Scope of Activity

Employment in Korea as stipulated by the 「Act on the Employment, etc. of Foreign Workers」

Eligibility

Individuals who meet the requirements for employment in Korea as stipulated by the 「Act on the Employment, etc. of Foreign Workers」

2. Maximum Duration of Stay Granted at Once

3 years

3. Activities Other Than Permitted Stay Status

Activities outside the permitted stay status are generally restricted.

4. Change/Addition of Workplace

a. Restriction on Change (Transfer) of Workplace

Individuals with the Non-professional Employment (E-9) status must, in principle, continue working at the workplace for which the initial employment permit was granted.

However, if it becomes difficult to continue the normal employment relationship due to reasons not attributable to the foreign worker, such as the temporary closure or bankruptcy of the workplace, an application for change to another workplace can be submitted.

b. Limitation on the Number of Changes

The change of workplace for non-professional employment holders is generally limited to 3 times within the 3-year period of employment activities from the date of entry. For the extended period due to re-employment procedures, it is limited to 2 times.

However, changes of workplace due to reasons not attributable to the foreign worker, such as temporary closure or bankruptcy, are not included in the count of changes.

If the initial workplace change, due to the employer's attributable reasons, occurred before the worker was assigned to their first workplace after signing the employment contract, and this is counted as one of the 3 changes, an additional change will be permitted.

c. Special Provisions for the Number of Workplace Changes in the Construction Industry

In cases of "transfer of foreign workers between companies within the same primary contractor's site," if the construction of the company that issued the employment permit has ended, and with the approval of the responsible construction company (main contractor), a workplace change is permitted without being counted towards the total number of workplace changes.

For inter-company transfers within the same construction site that are not counted towards the number of workplace changes, flexibility is provided in personnel allocation within the total allowed personnel for the construction site.

5. Granting of Stay Status

Procedure for Restoration of Non-professional Employment (E-9) Status for Holders of Other (G-1) Status

a. Eligibility

Foreign workers who entered Korea under the Employment Permit System and are currently staying in Korea after changing to the Other (G-1) status for reasons such as industrial accident treatment, and whose maximum period of stay in Korea has not yet expired.

Maximum period of stay (calculated from the date of entry): For non-professional workers (E-9), it is 3 years. After the 3-year term, if the employer re-employs them, the period of stay can be extended for up to 1 year and 10 months.

6. Permission for Change of Stay Status

The E-9 status is generally obtained by acquiring a visa overseas according to the Employment Permit System. Therefore, changing to another stay status within Korea is not permitted in principle.

7. Permission for Extension of Stay

1. Required Documents

• ① Application Form (Form No. 34), Passport and Alien Registration Card, Fee
• ② Copy of Employment Permit
• ③ Copy of Standard Employment Contract
• ④ Copy of Business Registration Certificate
• ⑤ For extensions up to an additional 1 year and 10 months due to the completion of 3 years after entry and subsequent re-employment: 'Confirmation of Extension of Employment Period for Those Whose Employment Period Has Expired' (Issued by the Ministry of Employment and Labor)
• ⑥ Documents proving place of residence (Lease agreement, confirmation of provided accommodation, notice letter for expiry of stay period, public utility payment receipts, dormitory fee receipts, etc.)

2. Permission for Extension of Stay for Non-professional Employment Holders Who Have Received Extension of Employment Period

a. Applicable Subjects

Non-professional employment holders who, after December 10, 2009, have had their re-employment applied for by their employer in accordance with the Enforcement Rules of the 「Act on the Employment, etc. of Foreign Workers」 and have received the 'Confirmation of Extension of Employment Period for Those Whose Employment Period Has Expired'.

3. Special Provisions for Job Seekers

a. Eligibility

Individuals whose period of stay expires before the expiration of the job-seeking registration period (3 months from the date of job application), but who still have remaining workplace change opportunities.

b. Period of Permission

Within 90 days from the date of issuance of the job-seeking registration certificate.

c. Required Documents

• ① Application Form (Form No. 34), Passport and Alien Registration Card (No fee)
• ② Voluntary departure pledge
• ③ Job-seeking registration certificate
• ④ Documents proving place of residence (Lease agreement, confirmation of provided accommodation, notice letter for expiry of stay period, public utility payment receipts, dormitory fee receipts, etc.)

The place of residence should be indicated on the application form. However, submission of proof of residence may be waived if it is difficult. Please note that providing false information about your place of residence may result in penalties under the Immigration Control Act.

8. Re-entry Permit

1. Implementation of Re-entry Permit Exemption System (Amended Enforcement Rules effective December 1, 2010)

Foreign nationals who have completed alien registration are exempt from the re-entry permit if they re-enter within one year from the date of departure.

If the remaining period of stay is less than one year, re-entry permit is exempted within the remaining period of stay.

However, individuals subject to entry or visa issuance restrictions must visit the immigration office in their jurisdiction to obtain a re-entry permit, and a fee will be charged.

2. Required Documents

Application Form (Form No. 34), Passport, Alien Registration Card, Fee (Single entry 30,000 KRW, Multiple entry 50,000 KRW)

9. Alien Registration

1. Required Documents for Alien Registration Application

• ① Application Form (Form No. 34), Original Passport, 1 standard-sized photograph, Fee of 30,000 KRW
• ② Copy of Business Registration Certificate
• ③ If the foreign worker, during the employment education (or before alien registration), is unable to commence employment due to reasons not attributable to the foreigner, such as the closure or temporary suspension of the employing company, and has received approval for a workplace change from the Ministry of Employment and Labor: Alien registration will be processed for the changed workplace, not a workplace change permit.
• Additional documents: Copy of Employment Permit, Copy of Standard Employment Contract
• ④ "Drug Test Confirmation Certificate" issued by a medical institution designated by the Ministry of Justice.
• The test results for "narcotics, psychotropic substances, and cannabis" as defined in Article 2, Paragraph 1 of the 「Act on the Management of Narcotic Drugs」 must be included, and the certificate must have been issued within 3 months prior to the date of application for registration.
• The health certificate and drug test confirmation certificate must be submitted in a sealed envelope. (Invalid if opened)
• ⑤ Documents proving place of residence

10. Additional Original Information (Report of Employment Change)

1. Obligated Reporter

Employer of a non-professional employment (E-9) foreign worker

2. Reporting Deadline

Within 15 days from the date of becoming aware of the occurrence of the event, report to the immigration office with jurisdiction over the place of residence.

3. Reasons for Reporting and Actions:

• When a foreigner is dismissed or a foreigner voluntarily resigns mid-term (However, resignation due to contract expiration does not require reporting)
• When a foreigner dies
• When the whereabouts of the employed foreigner becomes unknown
• When a significant term of the employment contract (employment contract period, employer or representative, etc.) is changed (However, changes in the representative of national institutions, local governments, educational institutions, or corporations are excluded from reporting)

※ Frequently Asked Questions (Q&A)

Q1: What is the maximum period I can stay in Korea on an E-9 visa?

A1: You can stay for a maximum of 3 years upon initial entry. Subsequently, if re-employed by the employer, you can extend your stay for up to an additional 1 year and 10 months by obtaining a 'Confirmation of Extension of Employment Period for Those Whose Employment Period Has Expired', allowing for a total maximum of 4 years and 10 months of employment activities.

Q2: I want to change my workplace. Under what circumstances is it possible, and are there limits on the number of changes?

A2: In principle, you must continue working at the workplace for which the initial permit was granted. However, if it becomes difficult to continue working due to reasons not attributable to you, such as the temporary closure or bankruptcy of the workplace, you can apply for a workplace change. The number of changes is limited to a maximum of 3 times within the first 3 years after entry, and up to 2 times during the period extended due to re-employment. However, changes due to reasons not attributable to the worker, such as temporary closure or bankruptcy, are not included in the count.

Q3: Are there any special regulations regarding workplace changes for those working in the construction industry?

A3: Yes, in the construction industry, transfers between companies within the same primary contractor's site are exceptionally not counted towards the number of workplace changes. When the construction of the company that originally hired you ends, with the approval of the main contractor, you can move to another company and continue working.

Q4: I changed my visa to G-1 for industrial accident treatment. Can I return to an E-9 visa?

A4: Yes, it is possible. If you still have remaining time within the total duration limit for an E-9 visa (initially 3 years, or 4 years and 10 months with re-employment) after industrial accident treatment, you can restore your non-professional employment (E-9) status and work again.

Q5: My period of stay is about to expire while I am looking for a job? What should I do?

A5: If your period of stay expires within the job-seeking registration period (3 months) and you still have remaining workplace change opportunities, you can apply for the 'Job Seeker Special Provisions'. By submitting documents such as the job-seeking registration certificate and a voluntary departure pledge, you can have your period of stay extended for up to 90 days from the date of job application.

Q6: What are the essential documents required for alien registration? Is a drug test mandatory?

A6: Yes, it is mandatory. For alien registration, you must submit an application form, passport, photograph, copy of business registration certificate, proof of residence, and a 'Drug Test Confirmation Certificate' issued by a medical institution designated by the Ministry of Justice. This certificate must be submitted in a sealed condition.

Q7: My company closed down. How do I apply for a workplace change?

A7: The closure or temporary suspension of a workplace is considered a reason not attributable to the worker. Therefore, you can apply for a workplace change to another business, and this will not be counted towards the limit of workplace changes. You need to prepare the relevant documents and apply for workplace change permission at the competent immigration office.

Q8: What is the re-entry permit exemption system?

A8: For E-9 visa holders who have completed alien registration, this is a system where they do not need to obtain a separate re-entry permit if they wish to re-enter within one year from the date of departure. However, if the remaining period of stay is less than one year, the exemption applies only within that remaining period.

Q9: What should I do if my employer changes or the terms of my employment contract change?

A9: If there is a change in the significant terms of the employment contract (e.g., employment period, change of representative), the employer is obligated to report this fact to the competent immigration office within 15 days of becoming aware of it.

Q10: Can I do part-time jobs or side businesses with an E-9 visa?

A10: No, you cannot. Individuals with an E-9 visa have restrictions on 'activities outside their permitted stay status', so any employment activity other than that permitted at the approved workplace and in the approved industry is prohibited in principle.