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

The head of a diplomatic mission abroad who has received an application for the issuance of a visa for the purpose of cohabitation by marriage pursuant to Article 9-4 (1) may examine and confirm the following requirements, in addition to those in each subparagraph of Article 9-2 (excluding subparagraph 5), to determine the authenticity of the marriage and the possibility of normal marital life: Provided, That if the case falls under the circumstances prescribed and publicly notified by the Minister of Justice, such as when there is a child born between the inviting person and the invited person, some of the requirements in the following subparagraphs may be exempted. <Amended on Oct. 10, 2013, June 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 according to the laws of the parties' countries. 3. Whether the inviting person has invited another spouse within the last five years. 4. Whether the inviting person meets the income requirements prescribed and publicly notified annually by the Minister of Justice, considering the median income as defined in Article 2 (11) of the 「National Basic Living Security Act」. 5. Mutual provision of information on health status, criminal records, etc. 6. Whether the invited person can speak Korean at a level above basic. In this case, the specific examination and confirmation criteria shall be prescribed and publicly notified by the Minister of Justice. 7. Whether a normal residential space is secured where the couple can continuously reside together. In this case, places that are generally difficult to consider as a place where a couple can continuously reside together, such as lodging houses, motels, and vinyl greenhouses, shall not be considered as having secured normal residential space. 8. Whether three years have passed since the inviting person acquired nationality under Article 6 (2) 1 or 2 of the 「Nationality Act」 or acquired permanent residency status under subparagraph 2 of Annex Table 1-3, Permanent Resident (F-5). 9. If the inviting person has a record of committing a domestic violence crime as defined in Article 2 (3) of the 「Act on Special Cases Concerning the Punishment, etc. of Domestic Violence Crimes」 (hereinafter referred to as the "Domestic Violence Punishment Act"), whether any of the following applies: a. Whether the period of provisional measures pursuant to the provisional measures decision under Article 29 of the Domestic Violence Punishment Act has ended, or the provisional measures decision has been revoked. b. Whether the period of protective measures pursuant to the protective measures decision under Article 40 of the Domestic Violence Punishment Act has ended. c. Whether 10 years have passed since the day when the execution of a sentence of imprisonment without prison labor or heavier was completed or exempted, pursuant to Article 63 of the Domestic Violence Punishment Act. d. Whether 10 years have passed since the day when the judgment of a suspended sentence of imprisonment without prison labor or heavier became final and conclusive, pursuant to Article 63 of the Domestic Violence Punishment Act. e. Whether 10 years have passed since the day when a fine or heavier sentence became final and conclusive, pursuant to Article 63 of the Domestic Violence Punishment Act. 10. If the inviting person 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 Adolescents Involved in Sex Offenses」, whether 10 years have passed since any of the following days: a. The day when the execution of a sentence of imprisonment without prison labor or heavier was completed or exempted. b. The day when the judgment of a suspended sentence of imprisonment without prison labor or heavier became final and conclusive. c. The day when a fine became final and conclusive. 11. If the inviting person has a record of committing a sex offense as defined in each subparagraph of Article 2 (1) of the 「Act on Special Cases Concerning the Punishment, etc. of Sex Offenses」, a specific violent crime as defined in each subparagraph of Article 2 (1) of the 「Act on the Punishment of Specific Violent Crimes, etc.」, or a crime of murder under Chapter 24 of Chapter 2 of the 「Criminal Act」, whether 10 years have passed since any of the following days: a. The day when the execution of a sentence of imprisonment without prison labor or heavier was completed or exempted. b. The day when the judgment of a suspended sentence of imprisonment without prison labor or heavier became final and conclusive. 12. If the inviting person has a record of violating Article 228 of the 「Criminal Act」 by falsely reporting a marriage, whether five years have passed since any of the following days: a. The day when the execution of a sentence of imprisonment without prison labor or heavier was completed or exempted. b. The day when the judgment of a suspended sentence of imprisonment without prison labor or heavier became final and conclusive. c. The day when a fine became final and conclusive.

If a visa is not granted based on the examination and confirmation of the requirements in each subparagraph of paragraph ①, the applicant may reapply for a visa after six months have passed from the date it was not granted, after reconsidering the authenticity of the marriage, etc., with their spouse. Provided, That if there are urgent circumstances requiring entry into Korea, such as childbirth or others, an application may be filed even before six months have passed. <Amended on Sep. 25, 2020>