What the F-6 review looks at, what happens when the Korean sponsor has a criminal record or the foreign spouse is already in Korea, and what to do after a refusal.
Where are you now?
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 marriage | How the couple met, their intention to marry, and whether the marriage was validly concluded under the laws of the countries concerned |
| Previous invitations | Whether the sponsor has invited another spouse within the last 5 years |
| Income | Whether the sponsor meets the income requirement the Minister of Justice announces each year with reference to the standard median income |
| Korean language | Whether the invited spouse can communicate in at least basic Korean (the detailed standard is set by Ministry of Justice notice) |
| Housing | Whether 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 records | Whether the two have given each other information on their health and criminal records |
| Naturalised or permanent-resident sponsor | Where the sponsor obtained Korean nationality through marriage-based naturalisation or similar, or obtained permanent residence, whether 3 years have passed since then |
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
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
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 offences | Whether 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 juveniles | Whether 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, murder | Whether 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
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.
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.
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.
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 →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.
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.
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Education: Yonsei University, Department of Physics · Languages: Korean, English · Press coverage (Naver News, Korean)
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Reviewed by Pyoung-ho Kim, Attorney at Law · Last updated 11 November 2026
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.