Legal Basis and Employment Requirements
1. Immigration Control Act Enforcement Decree and Ministry of Justice Notification (Exception for Simple Labor Activities)
According to Article 23, Paragraph 3 of the Enforcement Decree of the Immigration Control Act and the latest Notification on the Scope of Employment Restrictions for Overseas Korean (F-4) Status (Ministry of Justice Notification No. 2026-65), F-4 visa holders are strictly restricted from employment in 29 'simple labor worker' occupations under the Korean Standard Classification of Occupations.
However, caregivers are classified as professional care personnel (healthcare, social welfare, and religion-related occupations) managed by the Ministry of Health and Welfare and are not included in simple labor, thus they are excluded from employment restrictions.
2. Elderly Welfare Act and Overseas Korean Status Granting Guidelines (Recognition of National Professional Qualifications)
Based on Article 39-2 of the Elderly Welfare Act, caregivers can only work after completing designated training and passing the national examination as a national professional qualification.
According to the Ministry of Justice's Detailed Procedures Guidelines for the Overseas Korean (F-4) Status Granting System, when overseas Koreans holding other residence statuses such as Working Visit (H-2) obtain a caregiver certification, it is recognized as having professional qualifications and a new Overseas Korean (F-4-31) visa is granted. This is clear evidence that the government legally permits and encourages employment as caregivers.
Essential Precautions
To work as a caregiver under Overseas Korean (F-4) status, one must obtain the national caregiver certification in advance. If one performs caregiver or simple caregiver duties at elderly long-term care facilities or hospitals without certification, it may be regarded as 'simple labor activities' or 'activities outside the permitted status' under the Immigration Control Act, resulting in legal disadvantages such as cancellation of residence status or restrictions on extension.