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South Korea: Digital Nomad Visa Trial Program Introduced

January 8, 2024

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Country / Territory

  • Republic of Korea (South Korea)Republic of Korea (South Korea)

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At a Glance

  • The government of South Korea announced that a digital nomad visa called the ‘Workcation Visa’ is now available. It is currently in a trial program for an indefinite period.
  • The visa will allow eligible foreign nationals (and family members) to reside in South Korea while teleworking for their home employer for up to two years.
  • Eligibility requirements include a sufficient minimum income according to government regulations; a clean criminal record; and work experience in their field for at least one year, among other requirements.

The situation

A digital nomad visa called the ‘Workcation Visa’ is now available, effective January 1, 2024. It is currently in a trial program for an indefinite period.

A closer look

  • Validity. The validity of the visa is up to two years. The initial visa is granted for one year and is renewable for another year.
  • Eligibility criteria. Interested applicants must:
    • have sufficient minimum income according to government regulations (in 2024, the minimum annual income is KRW 84,960,000);
    • submit documents verifying their income (based on payroll records) and employment status (based on work verification letter); lack of criminal record (evidenced by a criminal history certificate); proof of private health insurance (with coverage of at least KRW 100 million); and, if there are accompanying family members, evidence of family relationship (such as marriage or birth certificates);
    • be at least 18 years of age (excluding accompanying children); and
    • have worked in their field for at least one year.
  • Application process. Applicants should submit all documentation to the South Korean consular post in their country of residence. The consular post will then adjudicate and issue the visa. After entry into South Korea, the digital nomad visa holder must apply for a residence card.
  • In-country applications. In exceptional cases, it may be possible to adjust visa waiver status (B-1, B-2) or C-3 visitor status to the digital nomad visa in South Korea, but the immigration department has not published detailed guidelines on the in-country adjustment process and is recommending that applicants use the consular application route to apply for the visa.
  • Dependents. Legal spouses and unmarried children under the age of 19 may accompany the digital nomad visa holder.
  • Local work. Digital nomad visa holders are strictly prohibited from being employed by a company in South Korea or from earning money in South Korea by engaging in for-profit activities.

Impact

This new category provides an immigration pathway for remote workers, which was previously not available.

Background

  • Continuing trend. Although digital nomad visas and permits are not being introduced as rapidly as when the trend first started, we still see such tailored digital nomad statuses being introduced over the past months, with more in the pipeline.
  • Remote work visa warning. In countries where remote work is unregulated, workers and employers may unknowingly put themselves at risk of noncompliance with many aspects of the law, exposing them to possible fines or other penalties, depending on the country. Importantly, noncompliance with regulations could result in employers losing their rights to hire foreign labor. Additionally, this type of work arrangement may have employment or tax law impacts. It will become increasingly important as such policies are developed (and in many countries where remote work is unregulated) for employers to analyze strategies and assess risks associated with implementing and/or continuing remote work policies with a trusted immigration partner.

Looking ahead

The government is expected to review the program in order to determine whether to make it permanent. Fragomen will report on related developments.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

Country / Territory

  • Republic of Korea (South Korea)Republic of Korea (South Korea)

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