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ATTORNEY [ licensed to practice in KOREA, U.S.A., ILLINOIS ] LEE, JAE WOOK
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USA ̹ VISA |
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Foreign Clients |
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Start →ACTIVITIES ALLOWED AND ELIGIBLE APPLICANTS Following applicants are allowed to carry out following activities. 1. You are a worker at a Korean branch office, sent from the foreign company. For example, - You had worked at a foreign public institution, associations, or corporations headquarters, branch office or other local services for at least 1 year, and then you were sent to an affiliated company, subsidiary company, branch, or office of your company in theRepublic of Korea as an 'indispensable professional specialist'. [However, you are excluded from this category if you are considered as an eligible applicant for a D-8 Corporate/Foreign Investor visa, and 1) If you are going to work in the ROK's key industries or in national projects 2) Moreover, you do not require a 1-year-of work experience if your company has inducted more than $500,000 into its Korean office as business operation fund 2. You are a foreign workforce at the domestic headquarters office of a Korean company venturing overseas - You have worked an overseas branch office of a Korean listed enterprise (including listed enterprises in KOSDAQ) or Korean public company for at least one year, and you are dispatched to the Korean headquarters or main office to provide or receive on-the-job training of a professional set of skills/techniques/knowledge. (However, if the Korean company has invested less than $500,000 into its overseas branch/local office, then you are excluded from this category, thus, is not eligible to apply for the D-7 visa) MAXIMUM LENGTH OF STAY You are allowed to stay for up to 2 years. VISAS ISSUED AT THE DISCRETION OF THE HEADS OF DIPLOMATIC MISSIONS CONTENTS REQUIRED DOCUMENTATION : if you are working at the Korean branch office of a foreign company Visa Application Form (form no.17), passport, one standard-size photograph, fee A proof of your current employment status from the foreign company A document demonstrating your overseas assignment (i.e. dispatch order) Following types of visas are issued at the discretion of the heads of diplomatic missions 1. A multiple-entry visa, which is valid for 2 years, will be issued to a Chinese worker stationed in the Republic of Korea (employed by a private/public company for at least one year) and his/her accompanying family (F-3 visa) - 89 - VISAS ISSUED AT THE DISCRETION OF THE HEADS OF DIPLOMATIC MISSIONS CONTENTS A document demonstrating the establishment of the branch office in the ROK - A copy of permission for the establishment of the Korean branch/contact office A document demonstrating the branch/contact office is running properly (i.e. an induction of management capitals, business outline if it is a newly established company, tax-payment receipt*) * If you work for a non-profit organization that does not bear the responsibility of taxation, you are can submit a document demonstrating the induction of management capitals in the Korean office instead A document demonstrating that you are an indispensable professional specialist (i.e. Resume, CV, and etc.) The head of the diplomatic mission may ask additional documents if it is deemed necessary to examine the purpose of your entry, genuineness of the invitation, and the qualifications of the inviter and the invitee. REQUIRED DOCUMENTATION Visa Application Form (form no.17), a copy of passport, one standard-size photograph, fee A document demonstrating that you are an indispensable professional specialist (i.e. resume, C.V. and others) Comprehensive business registration of the headquarter (if it is a public company, you can skip this document) Foreign Direct Investment Declaration or Overseas Branch Office Establishment Declaration A document proving the wire transfer to a foreign country A certificate of business registration or a certificate of the registration of incorporations of the overseas branch office A proof of your current employment status at the foreign company or a tax payment receipt A document demonstrating your overseas assignment (dispatch order) : it should indicate the period of the overseas assignment The head of the diplomatic mission may ask additional documents if it is deemed necessary to examine the purpose of your entry, genuineness of the invitation, and qualifications of the inviter and the invitee. 2. A single/multiple-entry visa, which is valid for less than 1 year, will be issued to a person working at the headquarter office in the Republic of Korea and who was initially employed by the overseas office of the Korean company. - 90 - 3. A single-entry visa, which is valid for one year, will be issued to a citizen of Chille in accordance with the Free Trade Agreement between the Government of the Republic of Korea and the Government of the Republic of Chile Eligible Applicant(s) - A business man/woman employed by a Chilean company to provide managerial, executive, or expert-level service to the company, its affiliated company or subsidiary company. ELIGIBILITY FOR THE VISA ISSUANCE CONFIRMATION CONTENTS REQUIRED DOCUMENTATION An application for the visa issuance confirmation (form no.21), passport, one standard-size photograph Statement of Invitation A document demonstrating you are an indispensable professional specialist (i.e. Resume, CV, and others) A proof of your current employment status from your foreign company A dispatch order (a document demonstrating your overseas assignment) A document proving the establishment of the branch office in the Republic of Korea - A copy of a permission for the establishment of the branch office or a copy of an acceptance of the declaration A document proving that the branch offie or the contact office is running properly - A record of induction of management/sales capitals to the branch/contact offices - (If it is a newly-established company) a business management outline and tax payment receipt * If you work for a non-profit organization that does not bear the responsibility of taxation, you are can instead submit a document demonstrating the induction of management capitals into the Korean office. ➠ If you hire a representative, you should submit the power of attorney, a proof of the employment status of your representative, and your representative IDs The head of the immigration (branch) office may ask additional documents if it is deemed necessary to examine the genuineness of the invitation and the qualifications of the inviter and the invitee You are eligible to apply for the visa issuance confirmation if you are 1. A foreigner working at a Korean branch office of a foreign company - 91 - ELIGIBILITY FOR THE VISA ISSUANCE CONFIRMATION CONTENTS REQUIRED DOCUMENTATION An application for the visa issuance confirmation (form no.21), a copy of passport, one standard-size photograph Statement of Invitation A document proving you are a indispensable professional specialist (i.e. resume, C.V.and others) A certificate of registration of incorporation A declaration form of the direct investment to a foreign country, or a declaration form of the establishment of the branch/local office A document proving the wire transfer to the foreign country A certificate of registration of incorporation of the foreign branch office or a certificate of business registration Tax payment receipt of the headquarters A document demonstrating the overseas assignment (dispatch order) : it should indicate the duration of the overseas assignment ➠ If you hire a representative, you should submit the power of attorney, a proof of the current employment status of your representative, and your representative IDs The head of immigration (branch) office may ask additional documents if it is deemed necessary to examine the genuineness of the invitation and the qualifications of the inviter and the invitee ‣High Commissioner Contact Office employee : a Russian citizen temporarily working in a high commissioner contact office of a company or an individual enterprise located in the Republic of Korea (a company that has business registration without a corporate registration) 2. A foreigner working at the headquarter office of the Korean company that has expanded its business abroad 3. An eligible candidate as set forth in the Agreement between the Government of the Republic of Korea and the Government of the Russian Federation on Temporary Labor Activities of Citizens of One State in the Territory of the Other State. A. Eligible Applicants High Commissioner Contact Office employee, Corporate Group Employee (Article 2(A)(B-1) of the Agreement) - 92 - ELIGIBILITY FOR THE VISA ISSUANCE CONFIRMATION CONTENTS ‣Corporate Group employee : workers employed at a foreign branch office of a collection of companies (branch/local office, contact office, subsidiary company, affiliated company), which function as a single economic entity, controlled directly or indirectly by the parent company via a document proving the establishment. If you are hired domestically, you are eligible for the E-7 Special Occupation visa REQUIRED DOCUMENTATION An application form for confirmation of visa issuance (form no.21), passport, one standard-size photograph A document demonstrating your assignment to the headquarters A document proving the wire transfer and the induction of sales capitals A proof of tax payment (receipt) A document demonstrating the establishment of the Korean branch office - A copy of the establishment of the branch office/contact office or the copy of declaration form of business incorporation A certificate of business registration in accordance with the Value-Added Tax Act ➠ If you hire a representative, you should submit the power of attorney, a proof of the current employment status of your representative, and your representative IDs The head of immigration (branch) office may ask additional documents if it is deemed necessary to examine the genuineness of the invitation and the qualifications of the inviter and the invitee 4. An eligible candidate as set forth in the Agreement between the Government of the Republic of Korea and the Government of the Republic of Uzbekistan on Temporary Labor Activities of Nationals of One State in the Territory of the Other State. A. Eligible Applicants "Nationals of one State who signed labor contracts with a group of companies or a company of such group located in the territory of that State and who work at a company of the same group of companies located in the territory of the other State (one group of companies means a group comprised of the parent company and companies directly or indirectly controlled by such parent company under equity participation in statutory fund or in accordance with the statutory documents)" (Section 3 of Article 3) - 93 - ELIGIBILITY FOR THE VISA ISSUANCE CONTENTS REQUIRED DOCUMENTATION An application form for confirmation of visa issuance (form no. 21), passport, one standard-size photograph A document demonstrating the assignment to the headquarter A document demonstrating the currency exchange and the induction record of sales capitals A proof of the tax payment (receipt) A document demonstrating the establishment of the Korean branch office - A copy of permission for the establishment of the branch or contact office or a copy of the declaration form for the establishment of the office A business registration in accordance with the Value-Added tax act ➠ If you hire a representative, you should submit the power of attorney, a proof of the current employment status of your representative, and the representative IDs. The head of the immigration (branch) office may ask additional documents if it is deemed necessary to examine the genuineness of the invitation, the qualifications of the inviter and the invitee. 5. An eligible candidate as set forth in the Agreement on Simplifying Visa Procedure between the Government of the Republic of Korea and the Government of the Republic of India A. Eligible Applicants are as follows : Employment visitor A person working in a position which requires highly advanced skills; technology expert, executive, or administrator at a legitimate company or organization as he/she is hired permanently or on a contract by those companies (i.e.) A transferred employee who relocates within the company, the service provider or a person working for the service provider, the freelance expert and others * The Service Provider refers to an employee of an Indian company (corporation) working at a Korean company (corporation) in the Republic of Korea in accordance with a contract between the Indian company and the Korean company * The freelance expert refers to a freelancer who provides services such as technology transfer to a company without being associated with any particular company(enterprise). B. Types of Visas and Visa Issuance - 94 - ELIGIBILITY FOR THE VISA ISSUANCE CONTENTS REQUIRED DOCUMENTATION COMMON APPLICATION An application form for confirmation of visa issuance (form no. 21), passport, one standard-size photograph TRANSFERRED EMPLOYEE A document demonstrating the overseas assignment or the proof of employment A copy of the establishment of the branch/contact office CONTRACTUAL SERVICES PROVIDER OR SOMEONE SUPPORTING THIS A proof of employment issued by an employer, documents related to the establishment of the company(agency) - business registration certificate issued by the government of India Documents proving that a Korean company/association has signed a service provider contract with your company FREELANCE EXPERT Any document proving the contract such as employment contract or service contract Degree, any type of relevant certificates in your field, a document demonstrating your relevant experience ➠ If you hire a representative, you shall submit the power of attorney, a proof of the current employment status, and the representative IDs. The heads of immigration (branch) office may ask additional documents if it is deemed to necessary to examine the genuineness of the invitation and the qualification of the inviter and the invitee. Types of Visas : depending on the type of contracts and employments, you will be given a D-7 Intra-Company Transferee, D-8 Corporate/Foreign Investor, D-9 International Trade, E-3 Researcher, E-4 Technical Instructor/Technician, or E-7 Foreign National of Special Ability visa. Visa Issuance: the visa will be issued at the immigration (branch) office in accordance with the visa issuance confirmation Because an employment visa is a multiple-entry visa, it will be issued only in accordance with the confirmation of visa issuance. 6. A visa will be issued to a foreign legal consultant in accordance with the 「Foreign Legal Consultant Act⌟ A. A member sent to a foreign law firm* or to a consulting firm specializing in foreign laws** * It refers to an executive level such as the CEO of the foreign law firm ** It refers to a person whose qualifications are approved by the Minister of Justice in accordance with - 95 - ELIGIBILITY FOR THE VISA ISSUANCE CONTENTS REQUIRED DOCUMENTATION An application form for confirmation of visa issuance (form no. 21), passport, one standard-size photograph A registry of the Foreign Law Firm (issued by the Korean Bar Association, Article 18 of the Foreign Legal Consultant Act) A declaration form of the establishment of the branch office (issued by the foreign exchange bank) and the certificate of business registration A document proving the induction of sales capitals or a wire transfer or the currency exchange A document demonstrating the overseas assignment (it should be issued by the headquarters office, and it should indicate the duration of the overseas assignment) Certificate of Foreign Law Consultants (Article 10, issued by the Korean Bar Association) You do not need to submit a career certificate as you are exempt from the requirement in which you must work at headquarters for at least one year ➠ If you hire a representative, you shall submit the power of attorney, a proof of employment of your representative, and your representative IDs. The head of immigration (branch) office may ask additional documents if it is deemed to necessary to examine the genuineness of the invitation and the qualifications of inviter and invitee. REQUIRED DOCUMENTATION An application for the visa issuance confirmation (form no.21), passport, one standard-size photograph Registration Certificate of Foreign Laws Consulting Firm (issued by the Korean Bar Association, Article 18 of the Foreign Legal Consultant Act) Korean Branch Office Establishment Report (issued by the Foreign Exchange Bank) and business license Documents proving foreign capital exchange or sales capitals transfer Dispatch order (issued by the headquarter, the document shall indicate the duration of the overseas assignment) CV (in order to verify whether or not you meet the employment requirement in which you are supposed to work at the headquarter office for at least one year) ➠ If you hire a representative, you shall submit the power of attorney, a proof of employment of the representative, and the representative IDs The head of immigration (branch) office may ask additional documents if it is deemed necessary to examine the genuineness of the invitation and the qualifications of the inviter and the invitee Article 6 of the Foreign Legal Consultant Act after acquiring his/her lawyer license outside of the Republic of Korea and who is registered at the Korean Bar Association in accordance with Article 10(1) of the Foreign Legal Consultant Act (Article 2(3) of the Foreign Legal Consultant Act) B. Office employee dispatched to a foreign laws consulting firm - 96 - REMARKS CONTENTS A local․branch office of a foreign bank - Foreign bank : refers to a bank established in a foreign country in accordance with the foreign laws. - If a foreign bank intends to open or close a branch․agent office in order to operate its banking business in the Republic of Korea, then the bank must obtain permission from the Financial Services Commission (Article 58 of the Banking Act, amended on May 17th, 2010) Other sales offices of foreign finance investor - Foreign financial investor : refers to a person who works in the field of financial investment in accordance with foreign laws. - If the foreign financial investor wants to work in the same in the field in the Republic of Korea, he/she must obtain a permission from the Financial Services Commission to establish a branch office and other operation offices around the country. (Article 12 of the Financial Investment Services and Capital Market Act) The Establishment of the Korean Branch Office of a Foreign Insurance Company - An eligible applicant who can obtain a permission from the Financial Services Commission for working in the insurance industry is limited to an enterprise, mutual insurance company, and foreign insurance company (the Korean branch office of the foreign insurance company) - "A foreign insurer, a person engaged in the business of insurance agency business or insurance broker overseas, and any other person engaged in an insurance-related business overseas (hereinafter referred to as foreign insurer, etc.) may open its or his/her office in the Republic of Korea (hereinafter referred to as local office) in order to investigate the insurance market, to collect information thereon, or to perform any other work similar thereto." (Article 12 of the Insurance Business Act, amended on February 29th, 2008) - The local office shall use the term 'office' in order to operate. Moreover, it is prohibited from selling insurance products, mediating a contract and representing the client to sign the contract. A local or domestic office of non-residents - If a non-resident wants to establish a local office or domestic office (hereinafter referred to as 'domestic office'), he/she shall notify the establishment to the head of the designated Foreign Exchange bank (Article 9-32 and 9-33 of the Foreign Exchange Transactions Act) Non-resident's local office : he/she can sell insurance products to make profits in the Republic of Korea Non-resident's domestic office : he/she shall not engage in activities that produce profits. However, he/she is allowed to maintain non-transactional activities such as business communication, market research, and R&D. 1. If you are working at the Korean branch office of the foreign company - 97 - REMARKS CONTENTS The non-resident shall notify to the Minister of Finance and Strategy if he/she is going to establish the domestic office in order to engage not only in banking activities such as financial loan, brokage/agency of foreign finance, card business, installment financing but also in finance, stock and insurance-related industries. In addition, he/she is prohibited from engaging in activities that are NOT allowed by the Promotion of the Foreign Investment Act. T Y P E S D E F I N I T I O N EXECUTIVE Executive is defined as someone who has authorities to make key decisions, to manage the entire company at the top of the hierarchy, and who is monitored by shareholders or board of directors. (the executive cannot directly provide the services of the company to clients.) SENIOR MANAGER You have a right to recommend and hire an employee, a right to plan, lead, and supervise establishments and implementations of goals and policies for your organization or your department, carrying responsibilities. Also, you decide, supervise, and regulate professionalsmanagement employees OR you can use discretionary power/authority on their daily tasks (Does not include supervisors who are not categorized to provide professional-level service and those who provide direct service to clients) SPECIALIST Specialist is defined as someone who has expertise and exclusive experiences in research, construction, technology, administration and others. To confirm that you are an indispensable professional specialist Definitions of the indispensable professional specialist Range of Affiliated Companies (which is designated by the Minister of Justice) - If a parent company (C) owns a subsidiary company in a foreign company (A) and another subsidiary company in the Republic of Korea(B), Company A and B are affiliated. - OR if employees of the company C, which is based in a foreign country, has more than 50% of the total amount of stocks or the total amount of investments for the company A and the company B respectively, the company A and the company B are affiliated. 2. Foreign workers of a Korean company venturing overseas, working in the headquarters in Korea The Headquarters - Listed Enterpriseslisted enterprises in the KOSDAQ or public companies check the listed enterprises on the Korea Exchange (http://www.krx.co.kr/) The Overseas Office - If the headquarters is listed enterprises or listed enterprises in the KOSDAQ Foreign branch office is classified into either a local subsidiary or overseas branch - 98 - REMARKS CONTENTS Local subsidiary refers to a corporate body in which headquarters directly has invested, whereas overseas branch refers to a branch which headquarters has found, by the principle of self-supporting accounting system, through means other than the establishment of a corporate body, in order to maintain international sales activities. Nonetheless, overseas offices that carry out non-profit functions such as business contact, market research, and research development activities, are not included in this definition. The size of local subsidiary or overseas branch must be at a certain level or higher. Local subsidiary : the headquarter office has invested US$500,000 or more Overseas branch : the headquarter has paid US$500,000 as operation fund (equipment fund, maintenance fee, working fund and etc) - If the headquarter office is a public company Public companies are exempt from the required amount of investment Visa Applicants - You must satisfy all of the requirements listed below You have worked at the local subsidiary or overseas branch for at least one year You possess professional knowledge․skills or expertise You are a manager or senior researcher or higher You are planning to work as a professional employee at the headquarter and you should have at least one year working experience in the foreign branch office as a professional employee. - You are dispatched to the headquarter for the designated period of time. Q. What is being dispatched as an indispensable professional worker to an affiliated corporation designated by the Minister of Justice? A. When an overseas company (A) and another domestic company (B) have a same parent company (C), company A and company B become affiliated companies. This means that an employee who has transferred from company A to company B can be issued with a D-7 Intra-Company Transferee visa. We believe that, by issuing a D-7 visa to a transferred employee, we can attract more affiliated companies of a multinational corporation to Korea ← End |
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Copyright 1997-2024
TAX & LAW (ݰ )
site ϴ ƴϸ, ̰ "" Ƿ(¶ ƴ϶ å Ⱓ Ƿ) Ǹ մϴ. , Ƿʿ Ȥö ִٸ, װ ƴϸ, Ͽ ̰ų ̶ Ͻñ ٶϴ. ұϰ ̸ ̶ ϽŴٸ, ϴ Ʈ ƴ϶ Ͽ (å Ⱓ Ƿ) Ƿ Ͻʽÿ. 繫ǿ Ͻ κ ƴմϴ. |
FEE Ұ |
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Ư PAT ǥ |
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ART |
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USA ̹ VISA |
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Foreign Clients |
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