How your stay is handled when a Korean spouse goes missing depends on whether the family court has issued a declaration of disappearance. Before the declaration, you fall under an F-6-1 stay extension; “disappearance” in the manual’s sense exists only after the family court’s declaration, after which you apply for the first extension as a marriage-terminated person (F-6-3) with the court’s declaration decision and related documents.
Key Summary
- Before the declaration: F-6-1 extension, proven by the filed petition for a declaration, a missing-person report and confirmations from others
- After the declaration: first F-6-3 extension with proof of disappearance (court decision)
- Disappearance exists only upon a family court declaration under Article 27 of the Civil Act
- Common: detailed marriage certificate, resident registration, child’s family relation certificate, occupation report
1. What happens to my stay if my spouse goes missing?
The manual splits the situation in two. Before the declaration it is a reason for an F-6-1 extension; after the declaration it is handled as marriage-terminated (F-6-3).
2. What if the declaration has not yet been made?
This covers a person staying as F-6-1 whose spouse is missing but has not yet been declared missing by the family court. Disappearance is proven by the petition for a declaration of disappearance accepted by the family court, a missing-person report, and confirmations from others or from a recognized women’s organization.
3. What if the declaration has been made?
In the manual, disappearance is established only by a family court declaration under Article 27 of the Civil Act. For the first extension after the declaration, submit proof of disappearance (the court’s decision) and family relation documents such as the detailed marriage certificate.
4. Which documents are common to both?
- Application form (Form No. 34), passport and alien registration card, fee
- Korean spouse’s detailed marriage certificate and resident registration
- Child’s family relation certificate if a child was born to the couple
- Foreigner occupation report
- Proof of address (lease, accommodation confirmation, expiry notice mail, utility receipt, dormitory fee receipt, etc.)
5. Points to watch
- First confirm whether you are before or after the declaration
- Organize the filing and acceptance dates of the court papers
- Schedule filing before the stay expires
6. Common problems
- Mistaking a missing-person report for a declaration of disappearance
- Preparing documents that do not match the stage and being asked to supplement
- Omitting the occupation report or address proof
7. How 비전행정사사무소 (Vision Administrative Office) can help
We confirm the stage, review the document list and guide the application and filing. We do not represent clients in family court or other lawsuits or court proceedings (outside the scope of an administrative agent).
Frequently Asked Questions
Which status do I extend under if my spouse is missing?
Before the declaration it is an F-6-1 extension; after the declaration, the first marriage-terminated (F-6-3) extension.
When is disappearance established?
The manual explains it is established only by a family court declaration under Article 27 of the Civil Act.
What proves it before the declaration?
The petition for a declaration accepted by the family court, a missing-person report, and confirmations from others or a recognized women’s organization.
What is needed after the declaration?
Proof of disappearance (the court’s decision) and family relation documents such as the detailed marriage certificate.
Are there extra documents if we have a child?
Yes, the child’s family relation certificate if a child was born to the couple.
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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