If you stayed in Korea on a status other than Marriage Migrant (F-6) while living a normal married life with a Korean national, and the marriage ended through the Korean spouse’s death or disappearance or another reason not attributable to you, you can apply to change status to Marriage Breakdown (F-6-3). The grant is 1 year, and restricted persons such as short-term visitors and criminal offenders are excluded. If you are already staying as the spouse of a Korean national (F-6-1) at the time of application, you apply for an extension of stay, not a change of status.
Key Summary
- Eligible (all required): staying on a status other than F-6, and the marriage ended during a normal married life through the Korean spouse’s death or disappearance or another reason not attributable to you
- Excluded: short-term visitors, criminal offenders (except those who only received a simple fine), persons granted an extension of stay for departure, and persons in those groups who were later granted Other (G-1) stay
- If you hold F-6-1 when applying, the extension-of-stay procedure applies instead
- Grant: 1 year; the permit is issued by the head of the immigration office
- Documents: common documents plus documents for death, divorce or disappearance
1. What is the Marriage Breakdown (F-6-3) status?
F-6-3 is the Marriage Migrant (F-6) sub-code for a person who stayed in Korea while married to a Korean national and cannot maintain a normal marriage because of the spouse’s death or disappearance or another reason not attributable to them.
2. Who can apply for the change of status?
A person who meets both requirements below.
- Staying on a status other than Marriage Migrant (F-6)
- While living a normal married life with a Korean national in Korea, the marriage ended through the Korean spouse’s death or disappearance or another reason not attributable to them
For example, this may apply if you lived with your Korean spouse but kept a status other than F-6-1 and the marriage then ended.
3. Who is excluded?
- Short-term visitors
- Criminal offenders (those who only received a simple fine are not excluded)
- Persons granted an extension of stay for departure
- Persons who belonged to the groups above but were later granted Other (G-1) stay
Also, if you are staying as the spouse of a Korean national (F-6-1) when you apply, you apply for an extension of stay, not a change of status.
4. Which documents are submitted?
Common documents
- Application form, passport, alien registration card, 1 standard photo, fee
- Criminal record certificate and health certificate (waived for those who already submitted them and have not stayed abroad for 6 months or more in a row)
If the spouse died
- Proof of the spouse’s death (death certificate, the spouse’s basic certificate showing the death, etc.)
- Proof of family relationship (marriage relation certificate, etc.)
If you divorced
- Marriage relation certificate showing the divorce
- Divorce litigation documents (complaint, divorce judgment, etc.)
- Evidence of fault: the Korean spouse’s missing-person report, a hospital diagnosis for injuries from the spouse’s violence, a prosecutor’s non-indictment decision, a confirmation from a recognized women’s organization, a confirmation from a relative of the Korean spouse within the 4th degree, a confirmation from the neighborhood head where you lived when the marriage broke down, etc.
If the spouse went missing
- Proof of disappearance (family court declaration of disappearance)
- Proof of family relationship (marriage relation certificate, etc.)
Other documents considered necessary for screening may be requested.
5. What is the grant period, and what comes next?
The grant is 1 year, issued by the head of the immigration office. For later extensions as Marriage Breakdown (F-6-3), you submit the application form, passport, alien registration card and fee together with, where there is a child born to the couple, the child’s family relation certificate, a foreigner occupation report and proof of residence, etc.
6. Common problems
- Filing a change of status while already on F-6-1 (an extension applies)
- The current status is short-term, which falls under the exclusions
- Not enough objective evidence that the Korean spouse was mainly at fault for the divorce
- Claiming the spouse’s disappearance without a court declaration of disappearance
- No material explaining that you had a normal married life before the breakdown
7. How 비전행정사사무소 (Vision Administrative Office) can help
We first check your current status and the reason for the breakdown to see whether a change of status or an extension applies, then organize the document list for your reason and guide the application and filing. We do not represent clients in family court proceedings such as divorce suits or declarations of disappearance, or in other lawsuits or court proceedings (outside the scope of an administrative agent).
Frequently Asked Questions
My spouse died while I was on F-6-1. Is this the right procedure?
No. If you are staying as the spouse of a Korean national (F-6-1) when you apply, you apply for an extension of stay, not a change of status.
Can I apply while staying on a short-term visit?
Short-term visitors are a restricted group and are excluded from this change of status.
Can I not apply if I have received a fine?
Criminal offenders are excluded, but a person who only received a simple fine does not fall under that exclusion.
How is fault for the divorce proven?
With the Korean spouse’s missing-person report, a hospital diagnosis for injuries from violence, a prosecutor’s non-indictment decision, a confirmation from a recognized women’s organization, a confirmation from a relative of the Korean spouse within the 4th degree, a confirmation from the neighborhood head where you lived when the marriage broke down, etc.
How long is the grant?
1 year.
Related Guides
- F-6-3 Humanitarian Grounds Visa
- F-6-3 divorce: evidence you were not at fault
- F-6-3 first extension after a spouse’s death
Consultation
비전행정사사무소 (Vision Administrative Office) is an administrative office that supports document preparation and filing with the authorities. Fees vary by case and are explained during a consultation. Phone 02-363-2251