What should I do if my extension of stay is denied?
Based on: HiKorea (하이코리아) 「Immigration/Stay Guide (출입국/체류안내)」 (revision date not confirmed) · 「Enforcement Rule of the Immigration Act (출입국관리법 시행규칙)」 (Ministry of Justice Order No. 1172, in force 2026.10.23.) · 「Administrative Appeals Act (행정심판법)」 (Act No. 19269, in force 2023.3.21.)Leave Korea by the departure deadline written on the denial notice, or decide how to challenge the decision before that deadline. If you stay past the deadline, you are overstaying (illegal stay). This can lead to a fine, forced deportation, and an entry ban.
The denial notice usually states the reason for denial and the departure deadline. Check these two things first.
What to do right now
- Check the departure deadline and the reason for denial on the notice. What you can do depends on whether documents were missing or you did not meet the requirements.
- If the reason can be fixed, such as missing documents, ask the immigration office in charge (출입국) whether you can fix it and apply again. But applying again does not automatically extend your departure deadline.
- If you think the denial is unfair, you can file an administrative appeal (행정심판). Apply on Online Administrative Appeal (온라인행정심판) (simpan.go.kr). You usually must file within 90 days from the day you learned of the denial. Filing an appeal does not stop your duty to leave right away. So people usually apply for a stay of execution (집행정지) at the same time.
- If you need more time to prepare to leave, you can apply for an 'extension of stay for departure'. This is for cases like staying briefly after finishing your activity, or unavoidable reasons such as having no flight or ship to take. You must submit documents that prove the reason, and there is no fee.
- If you decide to leave, go before the deadline. This can reduce problems when you apply for a visa again later.
💡 If it is hard to decide on your own
A denial can also affect your future visa applications. The departure deadline is also short. Whether reapplying, appealing, or leaving is better depends on the reason for denial. So we recommend showing your notice and getting quick advice through K-VISA AI Administrative Agent consultation (Visa Service in the app).
Check the departure deadline and procedures once more on HiKorea (하이코리아) (hikorea.go.kr) or the Foreigner Support Center (외국인종합안내센터) (1345).
Sources
- 하이코리아 안내 · 체류기간연장 · 체류기간연장허가 절차/방법 › 신청기간Staying or applying after the expiry date can lead to a fine
- 출입국관리법 시행규칙 · 제3장 외국인의 체류와 출국 › 제32조Extension of stay for departure is possible, no fee
- 행정심판법 · 제8장 보칙Administrative appeal system for administrative dispositions
Related questions
My stay period has expired. How much is the fine, and what should I do?What disadvantages do foreigners face for their stay in Korea if they drive under the influence?What happens if I stay past my C-3 period of stay?What is the difference between a departure order and deportation?What is the penalty for working without permission?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).
