Foreign employment & nationality

Staying in Korea After Divorce or Separation on a Marriage Migrant (F-6) Visa — Marriage Migrant Child Rearing (F-6-2) and Breakdown of Marriage (F-6-3)

Marriage migrant status (F-6-1) is a status of stay based on the position of spouse of a Korean national, so the basis disappears on divorce. If you are raising a child born of the marriage with a Korean national, consider F-6-2, and if the marriage broke down because of the death or disappearance of the spouse or for reasons not attributable to you, consider F-6-3. You must first align the expiry date of your period of stay with the timing for gathering the supporting materials.

Procedure

  1. 1. Check the expiry date of stay and the marital status

    Check the expiry date of the period of stay on your residence card, and establish whether you are currently separated, in the process of a divorce by agreement, or already divorced. Passing the expiry date makes your stay illegal, so count back to set the date of the next application.

  2. 2. Consider F-6-2 if you are raising a child

    A father or mother who is raising a child born of a marital relationship (including a de facto marriage) with a Korean national can obtain F-6-2. Prepare materials on parental authority and custody, together with materials showing that you are actually raising the child, such as a certified copy of resident registration (deungbon) and daycare center or school enrollment records.

  3. 3. Consider F-6-3 if the marriage broke down through no fault of your own

    This applies where the marriage can no longer be maintained because of the death or disappearance of the spouse, or for reasons not attributable to you such as domestic violence or the spouse leaving home. Reasons that do not show where responsibility lies, such as personality differences, are hard to have recognized on their own, so it is important to gather materials showing the reasons on the spouse's side.

  4. 4. If divorce proceedings are under way, extend with proof of the proceedings

    In a divorce by agreement, confirmation of the intention to divorce can be obtained only after 3 months have passed from the date of receiving guidance from the family court if you have children, or 1 month if you do not. If your period of stay ends during this period or while a court case is in progress, submit documents showing that the proceedings are under way and apply for an extension.

  5. 5. Apply for change of status of stay

    Once the divorce is reflected in the family relations register, apply for a change to F-6-2 or F-6-3. File by booking a visit to the immigration office or through Hi Korea, and if a request for supplementation comes during the review, submit additional materials within the deadline.

Required documents

  • Integrated application form (extension of the period of stay, change of status of stay)
  • Passport and residence card (residence card)
  • Marriage relation certificate and family relation certificate (to check whether the divorce is reflected)
  • F-6-2: the child's basic certificate, materials on parental authority and custody, and materials showing that you are actually raising the child
  • F-6-3: materials on the death or disappearance of the spouse, or materials on reasons not attributable to you, such as a domestic violence report or a medical certificate
  • Divorce proceedings under way: documents proving the proceedings, such as a notice of the confirmation date for a divorce by agreement
  • Proof of place of stay

Fees

At Hwang Yunsang Administrative Office, the service fee starts from 200,000 won for an F-6 extension of the period of stay and from 350,000 won for permission for change of status of stay (government fees are separate). We will advise you of the fee after a consultation, depending on how much work is needed to organize the supporting materials.

Legal basis and review date

  • Enforcement Decree of the Immigration Act, attached Table 1-2, item 27
  • Immigration Act, Article 24
  • Immigration Act, Article 25
  • Civil Act, Article 836-2

Checked against the statutes on

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

  • Exceeding the expiry date of the period of stay by even one day makes your stay illegal. If the divorce proceedings look likely to take long, apply for the extension first, before expiry.

Frequently asked questions

If I divorce my Korean spouse, do I have to leave Korea immediately?
You do not have to leave immediately. Within the permitted period of stay, review whether you can change to F-6-2, F-6-3 or another status of stay, and if none applies, prepare to depart before expiry.
Can I continue to stay if I raise my child after the divorce?
Yes. A father or mother raising a child born of the marriage with a Korean national can apply for F-6-2 regardless of the reason for the divorce, and it is enough to show with supporting materials that you are actually raising the child.
Can I get F-6-3 if I divorce because of personality differences?
It is difficult. F-6-3 applies where the marriage broke down because of the death or disappearance of the spouse or for reasons not attributable to you, so personality differences alone, which do not show where responsibility lies, are unlikely to be recognized.
What if my period of stay ends before the divorce proceedings are finished?
You can apply for an extension. Submit documents showing that the proceedings are under way, such as a notice of the confirmation date for a divorce by agreement, and apply for the extension before the expiry date.
We are separated. Can the F-6 period of stay be extended?
The application can be reviewed, but whether the marriage is actually being maintained is examined strictly. Submit materials showing the reason for the separation and your intention to continue the marriage, or showing the reasons on the spouse's side.
Does an administrative agent help with a stay application after an F-6 divorce?
Yes. Hwang Yunsang Administrative Office reviews the applicable status of stay, prepares the integrated application form, organizes the supporting materials on child rearing and fault, handles the visit booking and prepares the filing, and responds to requests for supplementation.

Contact us

Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.

📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com

This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.