According to legal sources on December 20, Hanni’s E-6 visa for artistic performances is set to expire early next year. Foreign entertainers must obtain an E-6 visa to work in South Korea. While Minji, Hyein, and Haerin, who hold Korean nationality, and Danielle, who holds dual Korean-Australian citizenship, face no restrictions on engaging in commercial activities in Korea, Hanni, with dual Australian-Vietnamese citizenship, must obtain a visa to work in Korea as a foreign national.
On November 28, NewJeans held an urgent press conference and declared the termination of their exclusive contract with ADOR. Since the E-6 visa is tied to specific artistic activities, the termination of an employer contract renders the visa invalid. To maintain visa status, one must report a change of workplace within 15 days or secure a new employment contract.
It has been 15 days since NewJeans announced the termination of their contract, yet no new employment contract has been established. If the contract termination took effect on November 29, as claimed by NewJeans, Hanni’s visa would also have lost its validity.
However, Hanni is still performing using the visa issued through ADOR, creating a contradictory situation where she is utilizing a visa from an agency whose contract she has declared null and void. This could even be interpreted as an acknowledgment that the exclusive contract with ADOR is still valid.
ADOR, which facilitated the issuance of Hanni’s visa, has stated that her visa is set to expire early next year. ADOR, maintaining that the exclusive contract remains valid, commented, “We are preparing the necessary documents to extend her visa according to procedure.” If Hanni extends her visa with ADOR’s support, it could lend credence to ADOR’s claim that the exclusive contract is still in effect.
While applying for a new visa is an option, this process is also challenging. To obtain a new E-6 visa, one needs to submit several documents, including a copy of an exclusive contract with an agency registered under the Popular Culture and Arts Industry Promotion Act, a guarantee letter from the inviting agency’s representative, and a recommendation letter from the Ministry of Culture, Sports, and Tourism. This process typically takes 2 – 3 months.
NewJeans faces a packed year-end schedule, including performances at SBS’s Gayo Daejeon on December 25, the 2024 Asia Artist Awards on December 27, MBC’s Gayo Daejejeon on the December 31, and the 39th Golden Disc Awards on January 4. Securing a new visa without a proper agency amidst such a busy schedule seems an uphill task.
For now, it is difficult to deem Hanni an illegal resident. This is because ADOR has filed a lawsuit seeking confirmation of the validity of the exclusive contract with NewJeans. Immigration authorities are likely to consider the visa issued by ADOR valid until the court delivers a final judgment.
Since unilaterally announcing the termination of their contract, NewJeans has continued to take bold steps. They have launched a new social media account reminiscent of “NewJeans” but branded as “NewJeanz,” posting advertisements and charting their own course. Attention is now focused on how they will address the newly raised visa issue.