When reviewing a marriage-cohabitation visa, the head of the Korean diplomatic mission may examine certain criminal records of the sponsor in order to judge whether the marriage is genuine and whether a normal married life is possible. For records of domestic violence crimes, sex crimes against children and youth, and sexual violence, specified violent crimes or murder, the question is whether 10 years have passed; for a violation of the Criminal Act through a false marriage report, whether 5 years have passed. The date from which the period runs depends on the type of sentence, so the first step is to set out the judgment and its dates accurately.
Key Summary
- The Enforcement Rules of the Immigration Act include the sponsor's criminal record among the review items for a marriage-cohabitation visa
- Domestic violence crimes: whether temporary measures or protective dispositions have ended; for imprisonment, suspended sentences and fines or heavier, whether 10 years have passed from the start date
- Sex crimes against children and youth: 10 years from the start date for imprisonment, a suspended sentence or a fine
- Sexual violence, specified violent crimes, murder: 10 years from the start date for imprisonment or a suspended sentence
- Violation of the Criminal Act through a false marriage report: 5 years from the start date for imprisonment, a suspended sentence or a fine
- The foreign spouse also submits a criminal record certificate (issued within 3 months), with separate exemptions
1. Why is the sponsor's criminal record reviewed?
A marriage-cohabitation visa requires an invitation from the spouse, and the sponsor becomes the identity guarantor of the invited person. To judge whether the marriage is genuine and whether a normal married life is possible, the head of the mission may review and confirm the sponsor's criminal record together with items such as how the couple met, income and housing. The rule sets out "whether the period has passed" as a review item, so what happens when the period has not yet passed needs to be checked case by case.
2. How is a domestic violence record reviewed?
If the sponsor has a record of a domestic violence crime, the review looks at whether any one of the following applies:
- The period of temporary measures under a temporary measure decision has ended, or the decision has been cancelled
- The period of a protective disposition under a protective disposition decision has ended
- For imprisonment without labor or heavier actually served, 10 years have passed since the sentence was completed or remitted
- For a suspended sentence of imprisonment without labor or heavier, 10 years have passed since the judgment became final
- 10 years have passed since a fine or heavier sentence became final
Note that cases ending in temporary measures or protective dispositions rather than criminal punishment are also among the review items.
3. What about sex crimes against children and youth?
If there is a record of a sex crime against children and youth, the review looks at whether 10 years have passed from:
- Imprisonment without labor or heavier actually served: the date the sentence was completed or remitted
- A suspended sentence of imprisonment without labor or heavier: the date the judgment became final
- A fine: the date the fine became final
4. What about sexual violence, specified violent crimes or murder?
If there is a record of sexual violence crimes, specified violent crimes or the crime of murder under the Criminal Act, the review looks at whether 10 years have passed from:
- Imprisonment without labor or heavier actually served: the date the sentence was completed or remitted
- A suspended sentence of imprisonment without labor or heavier: the date the judgment became final
5. What about a false marriage report?
If the sponsor violated the Criminal Act through a false marriage report, the review looks at whether 5 years have passed from the date an actual prison sentence was completed or remitted, the date a suspended sentence became final, or the date a fine became final.
6. What about the foreign spouse's criminal record documents?
The review items also include whether health and criminal record information has been exchanged between the two. The foreign spouse submits an original criminal record certificate (with its official name stated), issued within 3 months. For countries covered by the international marriage guidance program, the foreign spouse is exempt when the Korean spouse is exempt from the program; for other countries, when the Korean spouse is exempt from submitting a health certificate.
7. Common problems
- Mixing up the sentencing date, the date the judgment became final and the date the sentence was completed, and miscounting the period
- Assuming the period runs from the end of the suspension period (under the rule, it runs from the date the judgment became final)
- Assuming a domestic violence case that ended in a protective disposition does not matter and not checking it
- The foreign spouse's criminal record certificate passing 3 months from issuance and having to be reissued
8. How 비전행정사사무소 (Vision Administrative Office) can help
We organize the dates in the sponsor's judgments and dispositions to check the period calculation with you, and guide the preparation of visa documents such as the invitation letter and identity guarantee, as well as the foreign spouse's criminal record certificate. We do not provide criminal defense or represent clients in retrials, lawsuits or other court proceedings (outside the scope of an administrative agent).
Frequently Asked Questions
Is a sponsor with only a fine on record also reviewed?
For domestic violence crimes the period runs from the date a fine or heavier sentence became final, and for sex crimes against children and youth and false marriage reports from the date the fine became final. Other criminal records need to be checked case by case.
From when do the 10 years run for a suspended sentence?
From the date the judgment became final, not from the end of the suspension period.
What if a domestic violence case ended in a protective disposition?
Whether the period of the protective disposition has ended is one of the review items.
How many years must pass after a false marriage report?
Whether 5 years have passed from the start date for an actual prison sentence, a suspended sentence or a fine.
Does the foreign spouse also have to submit a criminal record certificate?
In principle, yes: an original certificate issued within 3 months. It is exempt if the Korean spouse is exempt from the guidance program (covered countries) or from the health certificate (other countries).
Related Guides
- F-6 marriage visa refusal reasons and reapplying
- Spouse of a Korean National (F-6-1) Visa
- F-6 document checklist
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