Article 9-5 (Criteria for Issuance of Visas for Marriage Cohabitation, etc.)

The head of a diplomatic mission or consular office abroad who receives an application for a visa for marriage cohabitation pursuant to Article 9-4 (1) may examine and confirm the following requirements, in addition to those prescribed in each item of Article 9-2 (excluding item 5), to determine the authenticity of the marriage and the possibility of a normal marital life for the foreign national who applied for the visa and their inviter. However, in cases designated and publicly notified by the Minister of Justice, such as when there is a child born between the inviter and the invitee, the examination of some of the requirements in the following items may be exempted. <Amended on Oct. 10, 2013, Jun. 15, 2015, Sep. 21, 2018, Feb. 21, 2020, Apr. 12, 2022> 1. The process of courtship and intention to marry. 2. Whether the marriage has been established in accordance with the laws and regulations of the parties' countries. 3. Whether the inviter has invited another spouse within the last 5 years. 4. Whether the inviter meets the income requirements determined and publicly notified annually by the Minister of Justice, taking into consideration the median income criteria under Article 2 (11) of the 「National Basic Livelihood Security Act」. 5. Mutual provision of information on health status and criminal records. 6. Whether the invitee can speak Korean at a basic level or higher. In this case, the specific examination and confirmation criteria shall be determined and publicly notified by the Minister of Justice. 7. Whether normal residential space is secured where the married couple can continuously reside together. In this case, places that are generally difficult to consider as places where a married couple can continuously reside together, such as boarding houses, motels, and vinyl greenhouses, shall not be considered as having secured normal residential space. 8. Whether 3 years have passed since the inviter obtained nationality under Article 6 (2) 1 or 2 of the 「Nationality Act」 or obtained permanent residency status under item 2 of Annex 1-3 of the attached tables for permanent residents (F-5). 9. If the inviter has a record of committing a domestic violence crime as defined in Article 2 (3) of the 「Act on the Punishment, etc. of Domestic Violence Crimes」 (hereinafter referred to as "Domestic Violence Punishment Act"), whether any of the following applies: a. The period of provisional measures under the provisional measures decision pursuant to Article 29 of the Domestic Violence Punishment Act has expired, or the provisional measures decision has been canceled. b. The period of protective disposition under the protective disposition decision pursuant to Article 40 of the Domestic Violence Punishment Act has expired. c. 10 years have passed since the date when the execution of the sentence of imprisonment without labor or heavier was completed or exempted, for which a sentence of imprisonment without labor or heavier was imposed under Article 63 of the Domestic Violence Punishment Act. d. 10 years have passed since the date when the judgment became final and conclusive, for a suspended sentence of imprisonment without labor or heavier imposed under Article 63 of the Domestic Violence Punishment Act. e. 10 years have passed since the date when a fine or heavier sentence became final and conclusive under Article 63 of the Domestic Violence Punishment Act. 10. If the inviter has a record of committing a sex offense against children and adolescents as defined in Article 2 (2) of the 「Act on the Protection of Children and Youth against Sex Offenses」, whether 10 years have passed since any of the following dates: a. The date when the execution of a sentence of imprisonment without labor or heavier was completed or exempted. b. The date when the judgment became final and conclusive for a suspended sentence of imprisonment without labor or heavier. c. The date when a fine became final and conclusive. 11. If the inviter has a record of committing a sex offense as defined in each item of Article 2 (1) of the 「Act on Special Cases Concerning the Punishment, etc. of Specific Sex Crimes」, a specific violent crime as defined in each item of Article 2 (1) of the 「Act on the Punishment, etc. of Specific Violent Crimes」, or a crime of murder under Chapter 24 of Part 2 of the 「Criminal Act」, whether 10 years have passed since any of the following dates: a. The date when the execution of a sentence of imprisonment without labor or heavier was completed or exempted. b. The date when the judgment became final and conclusive for a suspended sentence of imprisonment without labor or heavier. 12. If the inviter has a record of violating Article 228 of the 「Criminal Act」 due to a fraudulent marriage registration, whether 5 years have passed since any of the following dates: a. The date when the execution of a sentence of imprisonment without labor or heavier was completed or exempted. b. The date when the judgment became final and conclusive for a suspended sentence of imprisonment without labor or heavier. c. The date when a fine became final and conclusive.

If a visa is not granted based on the examination and confirmation of the requirements in each item of Paragraph (1), the applicant may reapply for a visa after 6 months have passed from the date of denial, after reconsidering the authenticity of the marriage with their spouse and other factors. However, in cases of childbirth or other urgent circumstances requiring entry into the Republic of Korea, an application may be submitted even if 6 months have not passed. <Amended on Sep. 25, 2020>