Stay Status & Period of StayAdministrative
Court upholds refusal to extend overseas travel period for holder of UK high-skilled visa
The short answer: The court upheld the refusal, so the applicant who brought the case lost.
A person who received a high-skilled visa in the UK applied for permission to extend the overseas travel period, but it was refused. The court found that the refusal did not exceed or abuse discretion and was therefore not unlawful.
Who this helps
This may be a useful reference for people curious about a refusal to extend an overseas travel period where the applicant held a UK high-skilled visa.
Case overview
- Case number
- 2024구합3845
- Court
- Seoul Administrative Court
- Posted on original board
- Topic
- Stay Status & Period of Stay
- Original title (Korean)
[일반] 영국에서 고급인력 비자를 받은 원고가 서울지방병무청장에게 국외여행…
The plaintiff, who received a high-skilled visa in the UK, applied to the Head of the Seoul Regional Military Manpower Administration for permission to extend the overseas travel period. The Head refused, on the grounds that the high-skilled visa is merely an immigration status and does not amount to conditional permanent residence.
Is it unlawful to refuse an overseas travel extension to a UK high-skilled visa holder?
The plaintiff received a high-skilled visa in the UK and applied to the head of the Seoul Regional Military Manpower Administration for an extension of the overseas travel period. The head refused, saying the visa is only a residence status and not conditional permanent residence. The court found that this refusal did not exceed or abuse the discretion given to the authority.
How the court ruled
The court found that the refusal of permission to extend the overseas travel period, made on the grounds that the high-skilled visa is merely an immigration status and does not amount to conditional permanent residence, did not exceed or abuse discretion and was therefore not unlawful.
What to check in a similar situation
The application steps and the stated reasons for refusal can be checked with the competent office, such as a regional military manpower office. Procedures for challenging a decision can be checked with the courts.
- Extending your period of stay
- Changing your status of stay
- Find your immigration office
- Contacts: Immigration Contact Center 1345
Terms explained
- overseas travel period extension permit
- A permit an authority gives when someone asks to lengthen an already permitted period of overseas travel.
- residence status
- The standing that allows a person to stay in a country. In this case, the high-skilled visa was treated as only a residence status.
- conditional permanent residence
- A concept the case kept separate from the high-skilled visa. The authority held that the visa does not fall under it.
- abuse of discretion
- When an authority goes beyond or misuses its decision-making power. The court found none here.
More rulings on this topic
- Court rules departure order and residence permit revocation against foreigner caught while working one day-labor shift unlawful · Seoul Administrative Court
- Court upholds refusal to permit change of residence status applied for together with a refugee application on the stay expiry date · Seoul Administrative Court
- Court upholds refusal to approve a change of residence status sought for infertility treatment and similar reasons · Daegu District Court
Frequently asked questions
Who brought the case?
The plaintiff, who had received a high-skilled visa in the UK, challenged the refusal to extend the overseas travel period.
How did the court rule?
The court found that the refusal, based on the visa being only a residence status and not conditional permanent residence, did not exceed or abuse discretion.
Does this result apply as is to similar cases?
This is the court's judgment in that specific case and does not apply as is to other cases.
Source and original
Source: Republic of Korea Courts, Major Rulings of Courts Nationwide
View original ↗https://www.scourt.go.kr/portal/dcboard/DcNewsViewAction.work?seqnum=27555&gubun=44
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