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17 SEP 2019

D-7 & D-8 Visa - South Korea Business Visa

D-7 & D-8 Visa - Destination to South Korea

At a time when companies get their employees to travel to one of their associated offices in South Korea, there are two types of visas that they can select from, for their visiting employees; the D-7 visa and the D-8 visa.

There are a lot of questions to the tune of why some immigrants to Korea have the D-7 visa whereas others have the D-8 visa. In this article, we take a look at the main characteristics of both these types of visas so that it is easy to know which visa is suitable in what kind of situation.

 

Identifying the Type of Local Entity

Once a company has been established in Korea, it is issued a document that states the nature of the setup; a branch office or a foreign-invested company. In the case of a branch office, it would be required to get a ‘permission for the establishment of the branch office’ or an ‘acceptance of the declaration of the branch’.

Apart from that, if the established entity is a ‘foreign-invested company’ would require a ‘certificate of foreign-invested company’. Apart from the investor, the employee of the investor company is also eligible for the D-8 visa. Thus to understand it better, the D-7 visa is a transferee to the branch and the D-8 visa is a transferee to the foreign-invested company.

These are the certificates that tell the companies whether they should be processing the D-7 visa or the D-8 visa for their employees, who are on the way to Korea. This means it important to keep these documents kept safely since they are necessary to get the D-7 or D-8.

The D-7 visa is known as ‘Intra-Company-Transferee’ and the D-8 visa is known as ‘Corporate/Foreign Investor by Korea’s immigration office.


 Korea Business Visa, Korea Investment Visa, Korea Entrepreneur Visa


D-7: Employee Transfer to Branch or Liaison Office in Korea

Once a company establishes its branch or liaison office in Korea, the next step would be to allocate an employee to the new premises. For this, the establishment of a branch office or a copy of acceptance of declaration decides that D-7 is the visa applicable in this case.

Routine Employee Condition

The employee to be transferred to the branch office in Korea must have at least one year of working experience in the head office or other associate offices. Nevertheless, this criterion can be excluded, subject to proving that more than USD 500,000 of operating funds have been transferred from the head office to the established branch. Proof such as a copy of the foreign currency transfer from the bank can solve the purpose.

Usually, the initial fund transfer to the branch office is not as much as USD 500,000. Therefore, the 1-year employment condition becomes mandatory.

Routine Branch Office Condition

The immigration manual does not state the routine conditions for the branch office. To put it differently, the branch office or the liaison office has no special condition attached. However, there are a few documents that are often ignored in this case. These are an employment certificate from the head office, an assignment letter and a proof of foreign currency transfer.

The head office is supposed to make the employment certificate and the assignment letter. The copy of permission for establishment of the branch office displays the name of the head office. Only that company is seen as the head office by the immigration office and it will reject the assignment letter and employment certificate, if issued by another company.

The proof of foreign currency transfer is also required to be submitted to the immigration office. This is because according to them some fund is essential for the initial operations of a branch office. However, if the branch office can prove that it is making enough profit, the proof of foreign currency is not required.

D-7 Visa Process

The routine process for a D-7 visa is to get a confirmation done on the issue of visa in Korea, before the employee steps into the country. An application for the confirmation of visa issuance must be first submitted to the immigration office in Korea.

In the usual circumstances, the confirmation of visa issuance number is issued in 2 weeks. This is a type of pre-authorization number. Following this, the employee must apply for a visa sticker at the Korean consulate outside Korea. This sticker can be obtained in 4 to 7 days from the consulate.  

Finally, when the employee steps into Korea with the visa sticker, he must apply for the Alien Registration Card at the appropriate immigration office. The Alien Registration Card can be obtained 2 weeks after the application is submitted.

 

D-8: Employee Transfer to Foreign-Invested Company in Korea

If a company seeks to send its employee to a foreign-invested company in Korea, the employee will need to apply for the D-8 visa. The ‘Certificate of Foreign Invested Company’ is the formal paper from the local bank.

D-8 Visa Application

The application of the D-8 visa can happen in one of the two ways: by a change of visa status or through a consular process (visa issuance confirmation). The change of visa status is permitted for very few visa types, therefore this works in favor of the D-8 visa.

Visa Issuance Confirmation

For visa issuance confirmation, the local associated company must apply for the visa issuance confirmation at Korea’s immigration office. Once the immigration office allocates the visa issuance number, an application must be filed for the actual visa at a Korean consulate that is outside Korea. The employee can then enter Korea with the visa and apply for the Alien Registration Card at the appropriate immigration office.

Change of Visa Status

When the change of visa status is opted for, the employee does not need a long-term visa to enter Korea. Foreigners from a country that has signed a visa waiver agreement with Korea do not even need an entry visa to land in the country.

However, for foreigners from other countries, a short-term visa is required to serve as an entry visa. After the employee is in Korea without a visa, the next thing for him/her is to go to the appropriate immigration office for a change of visa status from a visitor to a D-8 visa holder. Simultaneously, an application for the Alien Registration Card can be filed.

 

Conclusion

To know how the D-7 visa and the D-8 visa differ from each other, one must be aware of the visa system of South Korea. A visa issuance confirmation lowers the risk of the recipient having to leave Korea due to the visa being denied, though the visa is rarely denied unless the conditions are not met.

The change of visa status, on the other hand, can make the visa process shorter by skipping the need to go through the consular process.

We can make the entire process much simpler and streamlined for you. Contact us to help you turn your Korea vision into reality.

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Foreign Direct Investment in Korea 2024: Industrial Policies

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Special financial aid for investments in significant infrastructure ventures.   Furthermore, the government encourages investments aimed at boosting local production in key industries such as semiconductors, displays, automobiles, electronics, machinery, and chemicals. The Seoul Metropolitan government also extends support to small and medium-sized enterprises (SMEs), high-tech enterprises, and the biomedical sector.   It's important to note that corporate tax exemptions for foreign direct investment are applicable only to firms registered by the end of 2018. Additionally, the South Korean government does not provide guarantees or co-finance foreign direct investment projects. Renewable Energy and Low-Carbon Transport Initiatives The Renewable Portfolio Standard (RPS) serves as the primary tool employed by the South Korean government since 2012 to advance renewable energy initiatives, supplanting the feed-in tariffs (FITs) program. 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Data Privacy Regulations South Korea's stringent data privacy legislation regulates any entities involved in the collection, utilization, transfer, delegation, or handling of personal data. The Personal Information Protection Act (PIPA) imposes stringent prerequisites on the transfer of personal data outside the country, mandating that data controllers secure consent from each end-user before exporting personal data from South Korea. However, concerning the international transfer of personal data for Information and Communications Technology (ICT) outsourcing purposes, data controllers may bypass individual consent if they disclose certain details about the overseas transfer in their privacy policy, such as its purpose and destination. 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In February 2023, the National Assembly ratified a revised version of the Private Information Protection Act, relaxing regulations on cross-border data transfers to better align with global standards.   Conclusion South Korea presents itself as an attractive destination for foreign investors, offering a wide array of incentives. As South Korea continues to refine its industrial policies and regulations, it remains a promising investment destination for those looking to engage in its dynamic economy. Contact us to discover the boundless opportunities for conducting business in Korea and we're here to assist you with every aspect.

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South Korea has introduced distinctive digital regulations like the Cloud Security Assurance Program. As a WTO member, South Korea notifies the Committee on Technical Barriers to Trade of draft regulations and is a signatory of the Trade Facilitation Agreement (TFA). Known for modernized transportation and customs clearance, South Korea's Korea Customs Service largely upholds its free trade agreement obligations regarding rules of origin.   3. Legal System and Judicial Independence South Korea's legal system operates under civil law principles. District and high courts oversee commercial activities, property rights, and contracts, issuing judgments typically in the local currency. The judiciary, including specialized patent, family, and administrative courts, remains independent from government influence in cases involving foreign investors. Foreign court rulings, except in specific conditions, lack enforceability in South Korea. Unlike common law systems, South Korea does not follow the principle of stare decisis. The Constitutional Court, composed of nine justices, adjudicates constitutional issues, with three appointed by the National Assembly and three by the Chief Justice of the Supreme Court, all ultimately appointed by the President.   4. Laws and Regulations on FDI South Korea's legal system is transparent with an independent judiciary, governed by the Foreign Investment Promotion Act (FIPA). Information on foreign investment laws is available on the Invest KOREA website.   Relevant enactments: - The "Special Measures Act on Strengthening and Protecting the Competitiveness of National High-Tech Strategic Industry" from August 4, 2022. 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Contact us for assistance with expanding your business in Korea, and we'll provide expert support in resolving any legal matters you encounter.

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