What happens to a foreign spouse's visa if they divorce a Korean citizen?

Your visa does not end right away after a divorce. How you can stay depends on why you divorced and whether you have children. You can no longer stay under the Spouse of a Korean National (F-6-1) status. You must change to one of the statuses below that fits your case.

Ways to stay after divorce

• Marriage Breakdown (F-6-3): This is for cases where your spouse died or went missing, or you divorced for a reason that was not your fault. Immigration reviews whether you had a normal married life before the divorce and who was at fault. You usually submit divorce court documents (complaint, court ruling) and materials showing the other person's fault.
• Child Rearing (F-6-2): This is for people raising a child they had with a Korean spouse in Korea. You can apply even if the divorce was your fault. Immigration checks that you have custody and are actually raising the child.
• If you have visitation rights: You can stay even if you do not raise the child directly. The court must not have blocked visitation, and you must be meeting the child regularly.
• If the divorce was your fault but you support the Korean spouse's parents or family: If you prove this support, you can get F-6-3 permission for up to 1 year.
• Household Affairs Settlement (F-1-6): This is for people who do not fit the cases above but still have matters to settle, such as dividing property. You can stay up to 6 months at a time, and up to 1 year in total from the date you change status. If you work under this status, it is illegal employment and you may be deported.

⚠️ Points to watch

• If you received a ruling that the marriage was void or annulled, or if you left home right after entering Korea and lost contact, you must leave Korea with no settlement period.
• If none of the above applies, you must in principle leave Korea within your current stay period.
• If you leave Korea completely after the divorce and re-enter with a different visa, an application to change to F-6-3 based on the old divorce will not be approved.

The result can differ a lot depending on how you prove the reason for the divorce. If your expiry date is near or the fault is being disputed, get a consultation through K-VISA AI Administrative Agent (the app's visa service). Check the final details at HiKorea (hikorea.go.kr) or 1345.