Expectation vs. Reality: The Reintroduction of the Overseas Korean (F-4) Visa

Many Korean-based companies are interested in attracting, retaining and developing foreign talent with Korean heritage. In addition to the various skills that render individuals eligible for key roles, what they can also bring to the corporate table is a fresh global perspective, as well as the ability to speak Korean and acclimate into Korean society with relative ease. 

The benefit of an outside view, coupled with an innate rootedness in Korean heritage, is often looked upon positively. However, from an immigration perspective, it is typically faster to recruit and hire a foreign national without Korean descent. 

While this could appear counterintuitive, Fragomen’s extensive experience advising on the Overseas Korean (F-4) Visa—the special long-term work and residence visa for eligible foreigners of Korean descent—has given our professionals the opportunity to understand this somewhat misunderstood visa type well, and the platform to reintroduce the F-4 visa in its true form.

History of the F-4 Visa

Several years ago, the F-4 visa was one of the quickest long-term visa types for which to apply – on the condition that applicants are assessed as eligible and able to promptly complete the requirements (i.e., documents relating to their Korean heritage).

However, in 2019, due to a change in the relevant rules, additional document requirements for most F-4 visa applications were introduced. One of the more onerous new requirements was that, in principle, F-4 visa applicants must now obtain an apostilled police clearance certificate from their country of nationality and from each country in which they have resided for at least one year (during the five-year period preceding the F-4 visa application). 

This was a particularly burdensome change because, in many countries, the process of obtaining the police clearance certificate (in addition to the subsequent apostille step) can take several weeks or longer (in some countries, obtaining the apostille can even take as long as 10 weeks). 

This was a game-changer for F-4 visa applicants; they now must first obtain the necessary apostilled police clearance certificates for each of the applicable countries, requiring a significant lengthening in overall lead time before their F-4 visa applications could be filed. Many applicants, especially those with imminent target work start dates in Korea, were surprised to learn that obtaining an F-4 visa was no longer a sprint, but a marathon.

Benefits of the F-4 Visa

However, the F-4 visa is still worth pursuing based on its advantages as compared to its corporate-sponsored counterparts, including:

• the longer period of stay for which it is typically issued (the F-4 visa is usually issued for three years, subject to exceptions, as opposed to the standard one-to-two-year issuances for corporate-sponsored visas);
• the freedom to change employers without a separate immigration permit (since it is not tied to an individual company); and
• the absence of associated quota issues (Korean immigration tends to limit the number of corporate visas a company can sponsor, especially in the case of small companies, while there is no such quota restriction on F-4 visa holders).

Pursuing this visa simply requires an adjustment in expectations and a longer lead time. 

Considerations for Businesses and Applicants

Since the introduction of the apostilled police clearance certificate requirement, Fragomen professionals have actively highlighted this shift in required lead time to clients to help them set realistic expectations with their businesses and their F-4 visa candidates.

Our professionals have also explained that this requirement is not intended to unduly burden foreign nationals with Korean heritage but is rooted in policy considerations. In 2019, the Korean immigration system significantly expanded the scope of overseas Koreans from among the overseas Korean diaspora who are eligible to obtain the F-4 visa, and in conjunction adopted new requirements to check the criminal background and Korean language ability of the larger pool of F-4 visa applicants.

These new requirements were adopted for security and social integration policy considerations. Thus, paradoxically, even though the Korean government expanded the pool of potential F-4 visa applicants, it toughened the screening process. 

Since then, unless some limited exceptions apply, overseas Koreans applying for the F-4 visa have had to submit apostilled police clearance certificates to obtain it (if they did not hold Korean nationality before, in principle, they also must submit Korean language test results).

Fragomen’s Upcoming Client Conference in Seoul

Fragomen’s collective experience and observations on nationality and immigration issues associated with expats of Korean descent—particularly the F-4 visa and the sustained interest in it—have inspired us to make this important class of expats working in Korea one of the focuses of our upcoming client conference in Seoul, “Shifting Forward,” taking place on 25 October. It is our second time hosting this exclusive event in Seoul, showcasing the firm’s commitment to our Korea-based clientele. 

In partnership with our co-counsel, Kim Chang Lee, and with the special participation of our esteemed guests from the Korea Immigration Service under the Ministry of Justice, Fragomen is looking forward to presenting a compelling agenda. 

The conference will discuss nationality and immigration policy and practice issues that impact expats of Korean descent and share updates for Korea and key countries in Southeast Asia. This forum is intended to shift the conversation forward when it comes to providing clarity on these important topics for Korean companies.

Jung Un, Partner at Kim Chang Lee, contributed to this blog post. Jung Un leads the firm’s corporate immigration practice. Kim Chang Lee is a corporate, finance and litigation law firm in Seoul, Korea. It is Korea’s oldest law firm.

Need to Know More?

For further information on the reintroduction of the F-4 visa, please contact Senior Manager Angela De Guzman at [email protected].

This blog was published on 17 October 2023, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.