NewJeans Faces Visa Challenges After Contract Termination with Ador

The K-pop group NewJeans is encountering complications regarding visa extensions for its foreign member, Hani, following the announcement of their contract termination with Ador. Due to the nature of the E-6 visa, which requires an employment contract with a management agency, Hani risks losing her residency status in South Korea.

As of December 20, legal sources indicate that Hani, who holds dual citizenship in Australia and Vietnam and does not possess South Korean nationality, faces uncertainty regarding the renewal of her E-6 visa. Foreign entertainers in South Korea must be affiliated with a management agency to obtain an E-6 visa, which necessitates specific documentation, including a copy of the exclusive contract with a registered entertainment agency, a guarantee letter from the agency's representative, and a recommendation letter from the Ministry of Culture, Sports and Tourism.

NewJeans held an emergency press conference on November 28, declaring their contract termination with Ador and announcing their intention to pursue independent activities. The E-6 visa is specifically tied to the employment contract with a designated employer, meaning that once Hani's contract with Ador is terminated, her visa becomes invalid.

Hani may have the option to extend her existing E-6 visa by signing with a new agency. However, the Immigration Control Act requires that if a foreigner changes their workplace, they must obtain consent from their original employer. Given that Ador has filed a lawsuit asserting the validity of their contract with NewJeans, it is unlikely they will grant this consent.

Additionally, the law stipulates that if a contract is terminated, the individual must apply for a change of residency status or secure a new employment contract within 15 days, or they must leave the country. Since NewJeans claimed their status as independent on November 29, this 15-day window has already passed.

One potential solution for Hani is to leave South Korea and apply for a new E-6 visa from abroad, which would not require Ador's consent. However, the E-6 visa application process is complex and time-consuming, often taking 2 to 3 months to complete, during which Hani would be unable to engage in activities in South Korea.

Experts suggest that Hani will not immediately be classified as an undocumented foreigner or 'illegal resident' since the immigration office may still consider her to be under Ador's employment. Attorney Baek Soo-woong noted that while Hani is eager to secure a new contract and extend her E-6 visa, the immigration office may view her as still legally active under Ador's sponsorship until a final legal determination is made regarding the contract's validity.

Typically, E-6 visas are issued for one year and are renewed annually by the management agency. Hani's visa, issued through Ador, is set to expire in early 2025. Ador maintains that the contract with NewJeans is still valid and is currently preparing the necessary documents for visa renewal.