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South Korea Overstay 46-(1)

edited February 2016 in - South Korea
I overstayed in s.korea aswell they stamp mine as 46-(1) what's that supposed to mean?


  • 46-1 is the South Korean immigration law under which you were deported from Korea.
  • Thanks very much I can go back korea I need how many years ban
  • @dinu
    Article 11 para 6 (of the South Korean Immigration Act ( Prohibition etc of Entry )

    6. Persons for whom five years have not elapsed after departure from the Republic of Korea under a deportation order;

    The ban is a minimum of 5 years but S. Korean Immigration still have the option to ban your entry under the all encompassing paragrap 4 of the immigration rules that states.

    4. Persons deemed likely to commit any act detrimental to economic or social order or good morals;

    Good luck, you will need it.
  • my brother is deported from south korea 1 month ago.and he have 46-1 stamp on his passport. immigration of south korea said to my brother you are not back to korea next 3 year.but my brother is not sure,please ask me possible answer of this problem.plzzzzzz
  • edited August 2016
    @Ghanirehman I'm afraid the only people who can offer you definitive official advice on this issue is South Korean Immigration. If they told your brother he was banned for three years I'm sure that's the case - in fact, he is lucky they mentioned an exact time frame because it seems like they often don't bother. South Korea is very strict on these issues and punishments can be severe. You'll see above that Alethia has posted info saying five years is usually the minimum ban. I have heard of two or three year bans as well though. Your brother should check with South Korean Immigration after three years prior to travel just in case his ban is actually five years.
  • ill invite my bro here in korea for only tourist but he overstay can i invite also my mother for how long ill wait for the band of my bro..inorder to invite my a korean married and also korean citizen
  • @cheerin
    I understand English may not be your first language so I must assume you are asking can your mother visit you in Korea even though your brother is banned because he overstayed.
    Yes your mother can visit, your brothers ban has nothing to do with your mother just make sure your mother does not overstay.
  • what should i write in the invitation letter...i send her twice but all deny...its said i cant prove the purpose to enter the korea..
  • @cheerin
    An invitation letter is not enough, you need to provuide evidence of where you live, your jo, your salary, revidence of how you stay legally in Korea and 6 months bank statements.
  • I was deported with 46-(1) in my passport. And asked the immigration how long is my ban and he said 1 years which I doubt. Now I'm in relationship with Korean citizen , can they remove my ban if we get married,
  • @Lala42
    Only South Korean immigration can give you this information. I suggest your South Korean partner speaks to immigration.
  • Can I apply for removal of banned on my passport? And what do I need to do toremove it
  • Is it possible for my to apply for removal of my ban from South Korea immigration?
  • @destiny
    You had a chance to appeal the deportation order while you were in Korea.
    If you were deported as you were caught by the authorities, you would be banned from returning for up to 5 years..

    Article Article 11 (Prohibition, etc. of Entry) of the Immigration Control Act (Republic of Korea) states:-
    The Minister of Justice may prohibit the entry of a foreigner who falls under the
    following subparagraph:

    6. Persons for whom five years have not elapsed after departure from the Republic of Korea under a deportation order;

    In other words your ban will not be removed and you must wait for 5 years to make any application to return to South Korea.
  • Hi @alethia pls help me i asked a question...
  • Hi Alethia ... m recently deported from south korea.. i caught Work illegally in korea i had visa but don’t have Work permission.. My University didn’t put my gurantee... but officer of immigration who was handling my case he told me like i banned only for one year coz i was a student there and working illegally... .. it means after 1 year i can go back easily to korea to complete my studies???
  • @Jaz_maddy
    You will find it very difficult even impossible to return to South Korea after a deportation and a ban
  • Can i go to japan even my passport is having 46(1)stamp
  • Can i go to japan even my passport is having 46(1) stamp
  • @bupi
    Why not? Your passport is still valid
  • Really
  • I need to get a new passport or on same passport i can get visa
  • Pleaseee reply
  • @bupi
    You do not give your nationality or say if you need a visa.
  • So it means on same passport i can get visa
  • @bupi
    If you need a visa for Japan it may be a problem, if you dont need a visa, then you may not have a problem.
  • Yes i need visa then only i can go to japan
  • @bupi
    The visa application form for Japan asks if you have ever been removed from any country for overstaying or for breaking any law or regulation. It is not a good idea to lie, as your fingerprints will be on record with South Korea.
  • So can you suggest me what to do
  • "... So can you suggest me what to do..."

    About what? Alethia has described the situation very clearly.

  • Ok Thanks
  • Can you tell me that is there enough work like factories to work in
    And how much salary does we get
  • @bupi
    What country are you talking about?
  • Japan
  • @bupi
    Japan does need low skilled foreign workers as there is an employment shortage.
    All I know is that there are jobs available but dont know how you find the companies to employ you and arrange your work permit.
    Your deportation from South Korea may be a problem. Good luck
  • Ok thnkx
  • edited March 4
    And how much salary atleast i can get
  • I am having 46(1) south korean stamp on my passport but the owner of company in which i had worked in korea wants to call me back. Can he send work visa from there for me so that i can go back
  • Im having 68~1
    I'm going to apply for Australia as a dependant
    My wife is going to studies so I'm going to go as a dependant
    Will it be a problem ?
  • edited March 4
    I am sorry I do not know , each application is decided on its own merit, only Australian immigration can advise you.
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