Deportation order for illegal immigrants / Request of temporary release of confinement of foreigners



Hello, This is K-VISA๐Ÿ‘‹

After the COVID-19 crisis, 

the number of foreigners residing in Korea decreased, 

but the number of illegal immigrants increased rapidly.๐Ÿ“ˆ


According to the Ministry of Justice, 

there were 394,000 illegal aliens as of the end of June, 

accounting for 19% of the total foreign residents.

One in five foreigners living in Korea lives without a visa.


In August 2022, 

the Ministry of Justice introduced an

 electronic travel permit system to Jeju Island

to block illegal immigrants from bypassing

 Jeju Island and entering Korea without a visa.


The Ministry of Justice said, 

"We will promote legal entry by simplifying the procedure

as much as possible, while strengthening border management

by resolutely blocking systematic illegal entry attempts."


You can see the government's tough stance 

on illegal immigrants.


Then, Let's find out what an illegal immigrant is,

the penalties and temporary remedies for it.





๐Ÿชง What is an illegal immigrant ?


A foreigner residing in Korea may become an illegal resident

 if he/she stays outside the scope of the visa

allowed under the Immigration Control Act,

or if he/she works or stays illegally without 

registering as a foreigner.





๐Ÿ“• What are the punishments ?


In the case of illegal immigrants,

if they are caught, they will be deported or 

ordered to leave the country 

after the examination of the immigration office.


You may be subject to deportation orders if your visa expires, 

if you do not comply with the departure order, 

or if you commit a crimein Korea.


If that happens, the foreigner confinement order 

will be executed and you will be confined

 in processing centers.


If deportation measures are taken 

without certain preparation period, 

you will be moved to a the center immediately and 

have to stay until a means of departure is prepared.





๐Ÿข What is a processing center ?


A Processing center for foreigner is a facility

 under the Ministry of Justice

 that enforces deportation of foreigners who violate 

the Immigration Control Act and other domestic laws.


A Processing center is a facility that detains foreigners

 who have been deported or ordered 

to leave the country in violation 

of the Immigration Control Act or domestic law 

so that they can stay before they are forcibly

 deported to their home country.





๐ŸŒ‚ Temporary release of confinement


If you are detained in a processing center 

after receiving a deportation order,

you will not have time to organize your life in Korea 

and will leave the country.


Foreigners who are detained in the center 

due to the enforcement of the confinement order 

must apply for temporary release of confinement,

in order to temporarily leave the center.


Temporary release of confinement is a system 

that allows foreigners to temporarily leave outside of the

centers by granting necessary conditions.


The head of a regional immigration office requires 

the foreigner to deposit a security deposit of

 not more than 20 million won

in consideration of the status of the confined foreigner 

and reasons for requesting release, assets, 

and other matters.





๐Ÿ—‚ Documents to submit 


The following documents must be submitted 

to the head of office who issued the confinement order.


1๏ธโƒฃ Request for temporary release of confinement 

under Article 79 (2)


2๏ธโƒฃ Proof of the reason for requesting temporary release


3๏ธโƒฃ Materials to explain the ability to pay the deposit

(They may request data necessary for the 

temporary release review, such as data vindicating

 the ability to pay the security deposit)






๐Ÿ“ What they review from the request?


1๏ธโƒฃ Whether there is a risk of serious threat to the life or body of

the confined person or irreparable property damage


2๏ธโƒฃ Whether there is a risk of harming national interests

such as national security, social order, and public health


3๏ธโƒฃ Violation facts, age, and character of the protected person,

the investigation process and lifestyle at the processing center


4๏ธโƒฃ Whether there is a risk of escaping


5๏ธโƒฃ Whether there are other significant humanitarian reasons






๐Ÿšจ Caution


The period of temporary release of confinement 

is up to 6 months at a time.


The period of temporary release of confinement 

that can be extended at once is within 6 months.


You need to decide carefully considering 

the amount of deposit you need to prepare.


Also, even if you leave the processing center 

due to the temporary release of protection, 

you must attend the immigration office or foreigner center 

at least once a month during the release period.





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