Can I stay in Korea on an F-6 visa after a divorce?

Often you can, but not automatically. The marriage migrant visa (결혼이민, F-6) exists because you are married to a Korean national, so a divorce removes the original reason for it. Immigration practice keeps a path open in two main situations: you are raising your minor child from the marriage, or the marriage ended mainly because of your spouse, for example through violence, an affair or desertion. While a domestic violence case against your spouse is open in court or with the police, immigration may keep extending you until that case is over. What decides your case is the evidence you bring to your next extension, so prepare it before the divorce is final, not after.

What happens to my card the day the divorce becomes final?

Nothing changes on the card itself. The period printed on your alien registration card (외국인등록증) does not end on the divorce date, and the F-6 status still lets you work in any job until then. The real test comes when you apply to extend. The officer will see that you are no longer married and will ask why you should stay.

Two things you should know before that day:

• Immigration can cancel or change a permission when circumstances change so much that it can no longer be kept. The wording is "may", so it is a discretion that depends on the facts, not something that follows from every divorce.
• Hiding the divorce or submitting a document that is not genuine is a separate violation that can end your stay on its own. Report the change truthfully.

Which situations can keep me in Korea?

Your situation	Usual route	What you will need to show
You raise your minor child from the marriage	F-6 for a parent raising a child	Custody or parental authority in the divorce papers, the child's family records, proof the child actually lives with you
The marriage broke down mainly through your spouse's fault	F-6 for a marriage that ended without your fault	A judgment or record showing the cause, police or hospital records, messages
A domestic violence trial, investigation or other remedy is still in progress	Extension until the proceeding ends	The case number or a receipt showing the case is open
None of these: agreed divorce, no child	The F-6 basis usually ends	Check whether you qualify for a different status, or plan your departure

The detailed categories are set in an annex to the Immigration Act Enforcement Decree and in Ministry of Justice guidelines that change from time to time. Ask the immigration office which category it will apply to you before you choose how to divorce.

Why does "whose fault" matter so much?

Because the way you divorce decides what is written down. A divorce by agreement (협의이혼) is confirmed by the family court without any finding of fault. If the papers only say you agreed, immigration has nothing official showing that your spouse caused the breakdown, and you must prove it some other way.

A divorce through the court (재판상 이혼) is different. The Civil Act lists the grounds, such as unfaithfulness, desertion in bad faith, or seriously unjust treatment by the spouse or the spouse's parents. A judgment can state which ground applied. Even when the case ends in court mediation (조정), it is worth asking for the record to mention the cause. Immigration decides independently and is not bound by the family court, but a written finding is usually the strongest single document you can bring.

Evidence worth collecting now, while you still have access to it:

• medical certificates, and pictures of bruises or other injuries taken on the day
• police report numbers, even for calls where no one was arrested
• messages, voice recordings, and emails in which your spouse threatens you or tells you to leave
• records from a shelter or a counseling center for migrant women
• proof that your spouse left home or stopped supporting the family

My spouse says he will "cancel my visa." Can he?

Not by himself. The Korean spouse often acts as the guarantor for the F-6, and the law allows immigration to cancel a permission when a guarantor withdraws. That is a discretion, not an order. Immigration looks at why the guarantee was withdrawn, and a spouse who withdraws to punish a victim of violence is not in a strong position. If you receive a notice to attend a hearing about cancellation, the office must tell you the reason and the date at least 7 days ahead. Bring your evidence and, if you can, a lawyer.

For victims of domestic violence there is a specific protection: while a court case, an investigation or another legal remedy for the violence is in progress, immigration can grant extensions until that process is finished, and further extensions after it if recovery from the harm requires more time. Report the violence to the police so that a case exists on paper.

When and how do I apply for the extension?

1. File while your card is still valid. An application filed after the expiry date is a different and much harder situation. 2. Book a visit online first. Extension applications require an online visit reservation (HiKorea) except for some groups such as pregnant women and people with disabilities. 3. Bring your card and passport, the divorce judgment, mediation record or confirmation, your evidence of fault or custody, and proof of where you live and how you support yourself. The office may ask for more. 4. Get a Korean translation of any foreign document and keep copies of everything you hand in.

If the divorce case is not finished when your period runs out, apply anyway and attach the case receipt.

What if the extension is refused?

You will receive a written notice. It normally sets a departure deadline of no more than 14 days from the date it is issued, so you cannot wait. A refusal can be contested before the appeals commission (행정심판) or in the administrative court (행정소송), and both routes close after strict filing periods. Ask a lawyer on the day the notice arrives, and ask in the same meeting whether you can stay while the challenge is decided.

I already have permanent residence (F-5). Does divorce affect it?

Not directly. Permanent residence can be cancelled only for reasons the law lists, such as obtaining it by fraud or serious criminal sentences. A divorce is not on that list.

Next step

Before you sign a divorce agreement, find out whether its wording will help or hurt your next extension, and whether a court divorce would give you a better record. Bring your card, the expiry date, and any evidence of your spouse's conduct. Consultations are paid; when you contact us, a staff member will call you back and explain the fee.

법무법인 대한중앙
1533-7377

Rules applied

Immigration Act (출입국관리법) Article 25 (extension before the period ends, criteria by ministry rule), Article 25-2(1) no. 1 and (2) (extension until a domestic violence remedy ends, and further extension), Article 26 (false documents), Article 89(1) nos. 1, 2 and 4 and (3) (cancellation when a guarantor withdraws, for fraud, or for changed circumstances; 7 days' notice of hearing), Article 89-2(1) (limited grounds for cancelling permanent residence). Immigration Act Enforcement Decree Article 23(2) no. 3 (F-6 holders may work without the usual limits), Article 31(1) (extension application), Article 33 (refusal notice, departure deadline up to 14 days), Article 34-2 no. 5 (online visit reservation). Civil Act (민법) Article 834 (divorce by agreement), Article 840 (grounds for judicial divorce).

This is general information, not legal advice. Every case is different.