At a glance

Marriage visa: what to know first

We have already registered our marriage. Can we hire you just for the visa?
Yes. You can instruct us for the marriage visa application alone. But if the visa is refused, you will not be able to live together in Korea, so where possible it is better to check the visa issues before you register the marriage.
Can my Korean spouse sponsor me if they have a criminal record?
It depends on the offence, the sentence and how much time has passed. For domestic violence, sexual offences against children or juveniles, sexual violence, specified violent crimes and murder, the review asks whether 10 years have passed since the sentence was served or otherwise ended; for a false marriage registration, whether 5 years have passed (Article 9-5(1) of the Enforcement Rules of the Immigration Act). Yeohae Law Firm has handled a number of cases in which a marriage visa was granted despite the sponsor's criminal record.
What if my Korean spouse's income is below the threshold?
The income requirement follows the standard the Minister of Justice announces each year with reference to the standard median income. Falling short can be a ground for refusal, but in some cases the shortfall can be made up with assets or other means within the limits the announcement allows, so the documents should be reviewed before you apply.
I married a foreigner who is staying in Korea illegally. Can they change visa inside Korea?
As a rule, a person staying in Korea illegally cannot change status of stay inside Korea. They need to leave and apply for a visa from their home country, and a long overstay can lead to an entry ban on departure, so this should be checked before they leave.
If the marriage visa is refused, can we apply again?
You can reapply once 6 months have passed from the refusal, or earlier if there are urgent circumstances such as childbirth (Article 9-5(3) of the Enforcement Rules of the Immigration Act). The Supreme Court has held that a foreign applicant has no legal interest in seeking cancellation of a visa refusal (Supreme Court judgment of 15 May 2018, Case No. 2014두42506), so the usual course is to analyse the reasons for the refusal, address them and reapply.
Can I get a consultation in English?
Yes. Our staff consult in English, Vietnamese, Thai and Russian. Other languages, such as Chinese and Japanese, are available by appointment. We communicate directly with the foreign spouse throughout the marriage and visa process.

Where are you now?

Review criteria

What the marriage migrant (F-6) visa review looks at

A foreign spouse whose marriage has been registered needs a marriage migrant (F-6) visa to live in Korea. A visa for living together as spouses requires an invitation from the Korean spouse, who also becomes the guarantor of the invited spouse. To judge whether the marriage is genuine and whether a normal married life is possible, the Korean mission abroad reviews the items below.

Item What is reviewed
Genuine marriageHow the couple met, their intention to marry, and whether the marriage was validly concluded under the laws of the countries concerned
Previous invitationsWhether the sponsor has invited another spouse within the last 5 years
IncomeWhether the sponsor meets the income requirement the Minister of Justice announces each year with reference to the standard median income
Korean languageWhether the invited spouse can communicate in at least basic Korean (the detailed standard is set by Ministry of Justice notice)
HousingWhether the couple has a normal home where they can live together on a lasting basis (gosiwon rooms, motels, vinyl greenhouses and the like do not count)
Health and criminal recordsWhether the two have given each other information on their health and criminal records
Naturalised or permanent-resident sponsorWhere the sponsor obtained Korean nationality through marriage-based naturalisation or similar, or obtained permanent residence, whether 3 years have passed since then
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Where the Minister of Justice so announces, for example where the couple already have a child together, some of these requirements may be waived. Applicants who fall within the categories the Minister announces must also attach a certificate showing that the sponsor has completed the international marriage guidance programme.

The marriage migrant (F-6) status covers not only the spouse of a Korean national but also a parent raising a child born of a marriage to a Korean national, and a person who cannot continue the marriage for reasons not attributable to them, such as the death or disappearance of the Korean spouse.

Legal basis: Item 27 of Appended Table 1-2 of the Enforcement Decree of the Immigration Act; Articles 9-4 and 9-5 of the Enforcement Rules of the Immigration Act

Pre-check

Marriage visa pre-check

Before you apply, you can answer a few questions to check the basic requirements from the review items above: whether the marriage has been registered, where the foreign spouse is now and on what status, the sponsor's income, any previous invitation or criminal record, and where you will live together. We do not ask for your name or phone number.

When you finish, you can get a consultation number and send it to us on KakaoTalk or WhatsApp. Your answers come through with the number, so you will not need to explain your situation again; a member of our team will pick up from there.

Start the pre-check →

This pre-check is for reference only; whether a visa is granted is decided by the immigration authorities.  ·  Other languages: 한국어, Русский, Tiếng Việt, 日本語, ไทย

Sponsor's criminal record

If the Korean sponsor has a criminal record

A criminal record does not mean an automatic refusal. For the offences below, however, the review checks whether a set period has passed, and other past offences may also be taken into account when judging whether the marriage is genuine. The right approach depends on the type of offence, the sentence and the time elapsed, so it is worth preparing a written opinion and supporting documents in advance.

Offence Review standard
Domestic violence offencesWhether any temporary measure or protective disposition has ended, and whether 10 years have passed since a prison sentence was served, a suspended sentence became final or a fine became final
Sexual offences against children or juvenilesWhether 10 years have passed since a prison sentence was served, a suspended sentence became final or a fine became final
Sexual violence, specified violent crimes, murderWhether 10 years have passed since a prison sentence was served or a suspended sentence became final
False marriage registration (Criminal Act, Article 228)Whether 5 years have passed since a prison sentence was served, a suspended sentence became final or a fine became final

Legal basis: Article 9-5(1), Items 9 to 12, of the Enforcement Rules of the Immigration Act

Spouse already in Korea

If the foreign spouse is already in Korea

If the foreign spouse is already in Korea on another status, such as a student or work visa, the first decision is whether to apply to change to marriage migrant (F-6) status inside Korea or to return home and obtain a visa there. What is possible depends on the current status and the person's immigration history.

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As a rule, a person staying in Korea illegally cannot change status inside Korea. They need to leave and apply from their home country, and a long overstay can lead to an entry ban on departure, so check before leaving whether a ban is likely and how to deal with it.

If the spouse entered Korea under another person's identity or used a forged or altered passport, this can lead to criminal proceedings, including for violations of the Immigration Act. In that situation you need a lawyer who can handle the criminal case and the visa process together.

After a refusal

If the marriage visa is refused

If the visa is not granted, you can apply again once 6 months have passed from the date of refusal, with the genuineness of the marriage and other matters reconsidered. Where there are urgent reasons to enter Korea, such as childbirth, you can apply before the 6 months are up.

Read more

The Supreme Court has held that a foreign national has no legal interest in seeking cancellation of a visa refusal (Supreme Court judgment of 15 May 2018, Case No. 2014두42506, a marriage migrant visa case). For that reason, the usual response to a refusal by a Korean mission abroad is to analyse the grounds, gather supplementary evidence and reapply.

If an application to change status made inside Korea is refused, an administrative appeal or an administrative lawsuit can be considered. Both an administrative appeal and a revocation suit must be filed within 90 days of learning of the decision, so it is best to seek advice as soon as you receive the notice.

Legal basis: Article 9-5(3) of the Enforcement Rules of the Immigration Act; Article 27 of the Administrative Appeals Act; Article 20 of the Administrative Litigation Act

Received a refusal? Message us on KakaoTalk →
Difficult cases

What Yeohae Law Firm does

Yeohae Law Firm is a law firm that acts as a registered immigration application agent. Alongside ordinary international marriage visas, we have handled hundreds of marriage visa matters, including marriages to people staying illegally, sponsors with criminal records (including sexual offences), sponsors with poor credit, spouses who entered on a passport in another name, and foreign students. We can also handle any administrative appeal, lawsuit or criminal matter that arises during the visa application.

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We handle marriage visas whatever the spouse's nationality: China, Vietnam, Thailand, the Philippines, Russia and other CIS countries, the United States, Japan and more. We have dealt with immigration offices across Korea, and consultations can be held online without visiting the office. Yeohae Law Firm does not introduce or match foreign spouses.

If problems during the marriage registration or visa application mean the marriage has to be ended, annulment or divorce may be possible depending on the circumstances. Yeohae Law Firm handles everything from international marriage to international divorce, and its representative attorney, Pyoung-ho Kim, received the Korean Bar Association Young Lawyer Award in 2021 and was selected as an Excellent Lawyer by the Korean Bar Association the same year.

Attorney

Representative Attorney Pyoungho Kim

Pyoung-ho Kim, Representative Attorney of Yeohae Law Firm
2011
Passed the Judicial Examination
2011
1st Bar Exam Reviewer (Ministry of Justice)
2012
54th Judicial Examination Reviewer (Ministry of Justice)
2013
Seoul Central District Court Civil Conciliation Committee
2013
Deputy Prosecutor at Jeonju District Prosecutors' Office
2013
Professional Institutional Training in the Office of a National Assembly Member
Full career (12 more)
2013
KOTRA Washington Trade Center — Study on U.S. Government Procurement Laws
2015
Member, International Committee of the Korean Bar Association
2015
Member, Autonomous Committee for Countermeasures against School Violence, Seoi Elementary School, Seoul
2017
Director and Legal Advisor, Korea Paragliding Association
2017
Member, Review Committee, Seoul Bar Association
2017
Seoul Family Court Adult Guardian
2020
Delegate, The Law Times
2020
Regulation Reviewer, Seoul Entrepreneurs Association
2020
Member, Committee for the Protection of School Rights, Seoi Elementary School, Seoul
2021
Korean Bar Association Young Lawyer Award
2021
Excellent Lawyer selected by the Korean Bar Association
2023
Member, Administrative Action Deliberation Committee, Ministry of Land, Infrastructure and Transport (current)

Education: Yonsei University, Department of Physics  ·  Languages: Korean, English  ·  Press coverage (Naver News, Korean)

Certifications and awards

Korean Bar Association Excellent Lawyer Award
Excellent Lawyer Award, Korean Bar Association2021
Judicial Examination (53rd) certificate of passing
Passed the 53rd Judicial ExaminationMinistry of Justice, 2011
Judicial Research and Training Institute certificate of completion
Completed the Judicial Research and Training Institute (43rd class)2014
Appointment as civil conciliation commissioner, Seoul Central District Court
Civil Conciliation Commissioner, Seoul Central District Court2013
Appointment as reviewer for the 54th Judicial Examination
Reviewer, 54th Judicial Examination (first round)Ministry of Justice, 2012
Appointment as reviewer for the 1st Bar Examination
Reviewer, 1st Bar ExaminationMinistry of Justice, 2011
Appointment to the International Committee of the Korean Bar Association
Member, International Committee, Korean Bar Association2015
Appointment to the review committee of the Seoul Bar Association
Member, Review Committee, Seoul Bar Association2017
Korean Bar Association Young Lawyer Award
Young Lawyer Award, Korean Bar Association2021

Reviewed by Pyoung-ho Kim, Attorney at Law · Last updated 11 November 2026

Get a Free Consultation

Tell us briefly whether your marriage has been registered, where your spouse is now, and anything that worries you, such as a criminal record, income or a past refusal. Our team replies to initial inquiries in English and, where the matter calls for it, arranges a consultation with a Korean lawyer. You do not need to have everything organised before you write.

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