If I only apply for an extension before my expiry date passes, can I stay while I wait?
Based on: Immigration Act (「출입국관리법」) (Act No. 21857, in effect 2026.10.2.) · Enforcement Decree of the Immigration Act (「출입국관리법 시행령」) (Presidential Decree No. 36728, in effect 2026.10.2.)Yes. If you finish applying for an extension before your expiry date, you can stay legally until the result comes out. The law says you must apply before your period of stay ends. So if you apply on time, you are not an illegal overstayer while you wait, even if the review is slow and your expiry date passes.
You can usually apply for an extension from 4 months before expiry until the expiry date. Apply through HiKorea (hikorea.go.kr) e-application or at the Immigration Office (출입국·외국인청) that covers your address. After you apply, you get a receipt or an application record. This document proves you are staying legally while you wait, so be sure to save it.
⚠️ Please know this
- If your extension is denied, you get a notice with a departure deadline. The deadline is usually within 14 days from the day you receive the notice. You must leave Korea within that time.
- If you apply even one day after your expiry date, you do not get this protection. In that case, you are treated as having overstayed.
- If you want to leave Korea or change jobs while you wait, ask 1345 first.
If your expiry date has already passed or you have received a denial notice, get a K-VISA AI Administrative Agent consultation (Visa Service in the app). If not, keep your receipt safe, and check the exact details once more with HiKorea or 1345.
Sources
- 출입국관리법 · 제4장 외국인의 체류와 출국 › 제25조 체류기간 연장허가You must get extension permission before your period of stay ends
- 출입국관리법 시행령 · 제3장 외국인의 체류와 출국 › 제31조 체류기간 연장허가You submit the application form before your period of stay ends
- 출입국관리법 시행령 · 제3장 외국인의 체류와 출국 › 제33조 출국통지If the extension is denied, you are told a departure deadline of no more than 14 days
Related questions
Who has to fill out the electronic arrival card (e-Arrival card)?Do I need a re-entry permit if I am a registered foreigner who leaves Korea and comes back?How do I make a visit reservation for the immigration office (출입국·외국인관서)?Do I need a re-entry permit when I go home for a short visit on an E-9 visa?Is my status kept if I leave Korea for a long time with an E-7-4 visa?General guidance prepared by K-VISA AI from Ministry of Justice manuals, laws and official guides. Not legal advice — please confirm with HiKorea or the Immigration Contact Center (1345).
