Guide · IMM · 101
Refugee & humanitarian
Applying for asylum in Korea. The process, your rights, and where to get free legal help.
In short
- If you fear persecution at home because of your race, religion, nationality, political opinion, or membership of a particular social group, you can apply for refugee status in Korea.
- You apply at a local immigration office (or at a port of entry). You do not apply to UNHCR. You get a receipt, become a "refugee status applicant," and cannot be forcibly returned while your case is being decided.
- You have a right to a lawyer, and free legal aid NGOs and UNHCR can help. If you're refused, you can appeal to the Ministry of Justice (within 30 days) or a court (within 90 days).
- If you aren't recognized as a refugee, you may get humanitarian stay (G-1-6). It's a legal status that can be extended and lets you work.
Who can apply
Under Korea's Refugee Act, a refugee is someone outside their home country with a well-founded fear of persecution because of race, religion, nationality, political opinion, or membership of a particular social group, and who can't or won't ask their own country for protection. Stateless people in a similar situation can also apply.
How to apply
1. Apply in person
Go to a local immigration office and submit an Application for Refugee Status Recognition. You can also apply at a port of entry. There, a pre-screening decision (usually within 7 days) decides whether you're referred to the full process. Officials are legally required to help people who say they want to apply.
2. Get your receipt
You'll get a certificate of receipt and become a refugee status applicant. You can stay in Korea until the decision (and any appeal/court case) is final.
3. The interview
Immigration interviews you about your fear of persecution. Answer truthfully and in detail. You can bring a trusted person (lawyer, NGO worker, friend), ask for an interpreter, and submit supporting documents (translated to Korean or English).
4. The decision
You'll be recognized as a refugee, granted humanitarian stay, or refused.
Your rights while you wait
- Non-refoulement: recognized refugees, humanitarian-stay holders and applicants cannot be forcibly returned to a place where they're in danger.
- Work: you can apply for permission to work 6 months after you file your application (find a job first, then apply at immigration).
- Support: limited living-expense support (up to ~6 months, if eligible) and possible housing at the Immigration Reception Center (very few spaces). Local governments/NGOs may offer emergency support.
- Children's education: minor applicants (and applicants' children) can go to primary and secondary school like Korean children.
- Report address changes like any other resident, through HiKorea within the deadline.
If you're refused
- Appeal to the Ministry of Justice within 30 days of the non-recognition notice (filed at a local immigration office).
- Or file administrative litigation in court within 90 days of the notice (of non-recognition or of a rejected objection).
- You may get humanitarian stay (G-1-6) instead. It's a legal status that can be extended. Holders generally have wider permission to work, can get a Korean-issued travel document if they can't use their home passport, and must join National Health Insurance after 6 months.
Where to get help
- UNHCR Korea: help.unhcr.org/southkorea. Guidance on the process (they don't decide cases).
- Legal-aid NGOs (free): NANCEN, APIL, Korea Legal Aid Corporation and others offer counseling and representation.
- Immigration Contact Center: 1345 (multilingual) for questions about the procedure.
Common questions
Do I apply to UNHCR?
No. Korea's Ministry of Justice decides all refugee applications through local immigration offices. UNHCR and NGOs can support you.
Can I work while my case is pending?
You can apply for work permission 6 months after filing. Find a job first, then apply at immigration.
What if I'm refused?
Appeal to the Ministry of Justice within 30 days, or go to court within 90 days. You may still get humanitarian stay.
Do I need a lawyer?
You have the right to one, and free legal-aid NGOs can help. Since so much depends on the outcome, we strongly recommend getting expert help.
Sources: Korea's Refugee Act, Korea Immigration Service / immigration.go.kr, UNHCR Korea (help.unhcr.org/southkorea), and 2026 G-1 practical guides. Appeal windows: 30 days (MOJ) / 90 days (court).
Last verified: July 2026. This is a serious legal area and the rules change, so check with UNHCR, a legal-aid NGO, or 1345, and get a lawyer. General information, not legal advice.
Going through this?
You don't have to do this alone. People in the community can point you to legal-aid and interpreter resources. Post and tag it Immigration.