Permanent residence, overseas Koreans & family stay
Voluntary Departure Order — Departure Deadline and Extension for Foreigners Past Their Stay Period
Even a foreigner past their authorized stay who is considered subject to deportation may receive a departure order from the head of the regional immigration office if they wish to depart voluntarily at their own expense (Immigration Act, Article 68(1)(1)). The departure order sets a departure deadline within 30 days of issuance (Enforcement Rules, Article 65), and conditions such as restricted residence and a performance deposit of up to 20,000,000 won may be attached (Act, Article 68(3)). If the person does not leave by the deadline, a deportation order is issued (Article 68(4)), so apply for an extension of the departure deadline if illness or similar reasons prevent departure. If the authorized stay has not yet expired, applying for a stay extension before it ends comes first.
Procedure
- Application Difficulty Medium
An application for a subsidy, benefit, compensation or decision. The authority reviews whether the payment or selection criteria are met and then decides.
We will fill out the necessary application documents for alien registration and extension of stay. We will check the proof of immigration status and guide you through the electronic civil service/visit application and identity verification procedures.
Scope & fee
- Prepare foreigner registration documents for applicant's in-person filing
- We will prepare an alien registration application form and proof of each qualification for 1 applicant. We will provide you with your identity and residence information and guide you through the visit and fingerprinting procedures. Office visit submission, stay extension, and qualification change are separate.
- Official fee source ↗
- Foreigner registration with 1 in-person filing in the Seoul metropolitan area
- We will prepare alien registration documents for 1 applicant and submit them in person at the Seoul metropolitan area jurisdiction. You will be provided with proof of your identity, place of residence, and qualifications, and your fingerprints and identity verification will be performed by you. Extensions, qualification changes, and additional on-site visits are separate.
- Official fee source ↗
1. Check the stay period and reason for departure
If the authorized stay has not expired, you may apply for an extension before it ends (Immigration Act, Article 25(1), Enforcement Decree, Article 31). If it has expired, you may be subject to deportation for violating Article 25 (Article 46(1)(8)), so first determine whether a departure order applies.
2. Confirm intent to depart voluntarily at your own expense and prepare to leave
A departure order may be issued to a person considered subject to deportation who wishes to depart voluntarily at their own expense (Article 68(1)(1)). Check available flight dates, passport validity and whether you hold an alien registration card, and prepare documents showing your residence and whereabouts.
3. Convey your intent to the immigration office
Visit the competent immigration office, state your intent to depart voluntarily and undergo questioning. Depending on the case, a departure order is also possible where departure is considered appropriate after a fine or notice of disposition (Article 68(1)(4) and (5)). Submit the documents the office requests.
4. Check the departure order and deadline
When a departure order is made, a departure order document is issued with a departure deadline within 30 days of issuance (Article 68(2), Enforcement Rules, Article 65(1)). Conditions such as restricted residence, or a decision to deposit up to 20,000,000 won as a performance deposit, may be attached, so confirm the conditions and deadline in writing.
5. Depart by the deadline, or apply for an extension if you cannot
If you do not leave by the designated deadline or violate the conditions, a deportation order is issued and the deposit may be forfeited to the national treasury (Article 68(4)). If it is clear that you cannot leave by the deadline for unavoidable reasons such as no available vessel or illness, you may apply by submitting an application for extension of the departure deadline with materials explaining the reason (Enforcement Rules, Article 33(1) and (2)).
Required documents
- Application related to the departure order (form of the immigration office, statutory form)
- Passport and alien registration card
- Flight reservation confirmation or other departure schedule material
- Residence (place of stay) confirmation material
- Application for extension of departure deadline and supporting materials such as a medical certificate (when applying for an extension)
Fees
Airfare and the performance deposit are borne by the individual. Our office fee starts from the amount shown above and may vary depending on case complexity and interpretation needs; we will give you an exact quote after reviewing your documents.
Legal basis and review date
- Immigration Act, Article 25
- Immigration Act, Article 46
- Immigration Act, Article 68
- Enforcement Decree of the Immigration Act, Article 31
- Enforcement Rules of the Immigration Act, Article 33
- Enforcement Rules of the Immigration Act, Article 65
Check these first
- Leave before the departure deadline ends or apply for an extension to avoid a deportation order.
- If your authorized stay remains, applying for an extension before it ends is the safest course.
Frequently asked questions
Can a foreigner past their authorized stay leave voluntarily?
How long is the departure deadline after a departure order?
How much is the performance deposit?
What happens if I cannot leave by the departure deadline?
Can I extend my stay before it ends to prepare for departure?
Does an administrative agent help with voluntary departure documents?
Contact us
Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.
📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com
This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.