Requirements for facilitated naturalization (subparagraph 1 of Article 5 and Article 6 (2) of the Nationality Act)
A person who has been married to a national of the Republic of Korea;
A person who has been residing in the Republic of Korea;
- Period of sojourn
· The applicant should have a domicile in the Republic of Korea for at least two consecutive years, being married to a national of the Republic of Korea. Or three years should lapse since he/shebecame married to a national of the Republic of Korea and has a domicile in the Republic of Korea for at least one year consecutively.
- Calculation of the period of sojourn
· Theday the applicant legally completed a foreigner registration process is deemedthe beginning of the period of sojourn since which the applicant shall stay inthe Republic of Korea for at least two consecutive years. However, if it fallsunder any of the following subparagraphs, the applicant is deemed to have beenstaying in the Republic of Korea consecutively, including all the periodshe/she had stayed in Korea (Article 5 of the Enforcement Rule of theNationality Act).
1. Where the applicant who was granted re-entry permit in the Republic of Korea before the expiration of the permitted period of stay has departed from Korea and has reentered within the permitted period;
2. Where the applicant has departed from the Republic of Korea temporarily because he/she had not been able to extend his/her period of stay during his/her stay in Korea and has reentered with an entry visa within one month;
3. Where the Minister of Justice recognizes that adding up all the periods he/she had stayed in Korea is reasonable due to the reasons mentioned in subparagraphs 1 and 2 or other equivalent reasons.
- Exceptions concerning requirements for the period of sojourn
· If it falls under any of the following subparagraphs and the Minister of Justice considers the case as reasonable, the applicant who failed to fulfill the requirements for the period of sojourn mentioned above may apply for permission for facilitated naturalization after he/she fulfills the requirements for the remaining period:
1. Where the applicant was unable to sustain marriage due to death or disappearance of his/her Korean spouse, divorce, or separation while being married to the said spouse;
2. Where the applicant is taking care of a minor born between him/her and his/her Korean spouse.
A person who is an adult (aged 19 or above) in accordance with the Civil Act of the Republic of Korea;
A person who is deemed an individual of good conduct;
A person who is able to support himself/herself;
A person with basic knowledge as a national of the Republic of Korea.
Procedure for Permission for Facilitated Naturalization
Application for permission for naturalization
- General cases
· In order to obtain permission for facilitated naturalization, a person who had filed a marriage report and has been maintaining a normal matrimonial relationship with his/her Korean spouse shall submit an application for naturalization (Form 2 of the Enforcement Rule of the Nationality Act) and the following documents to the head of the competent Immigration Service, the head of the office of the Immigration Service, the head of the branch office of the Immigration Service or the head of the branch office of the office of the Immigration Service(hereinafter referred to as the "head of an immigration office, etc.") (Article 3 of the Enforcement Decree of the Nationality Act and Article 3(2) of the Enforcement Rule of the Nationality Act)
1. Document proving that the applicant is a foreigner;
2. Document falling under any of the following cases, proving that the applicant or any of his/her family members who live with him/her is able to support himself/herself.
A. Applicants for general naturalization shall submit one of the following documents:
① Income certificate proving the income exceeds the gross national income (GNI) per capita of the previous year notified by the Bank of Korea (issued by the head of a district tax office);
② Evidential document of financial assets (deposit, installment savings, stock, etc.) over KRW 60 million;
③ A document proving ownership over a property of which the officially assessed land price, the actual transaction price, or the market price announced by a bank is KRW 60 million or more, or a copy of a real estate lease contract where the lease deposit is KRW 60 million or higher, etc.;
④ Other documents deemed to be able to substitute for ① through ③ and reasonable by the Minister of Justice.
B. Applicants for facilitated naturalization shall submit one of the following documents:
① Evidential document of financial assets(deposit, installment savings, stock, etc.) over KRW 30 million;
② A document proving ownership over a property of which the officially assessed land price, the actual transaction price, or the market price announced by a bank is KRW 30 million or more, or a copy of a real estate lease contract where the lease deposit is KRW 30 million or higher, etc.;
③ A certificate of employment or a certificate of prospective employment;
④ Other documents deemed to be able to substitute for ① through ③ and reasonable by the Minister of Justice.
3. When a person is applying for accompanying acquisition, documents proving the relationship.
4. Certificate regarding the family relationship details of the Korean spouse. However, if the person married abroad and the marriage is not recorded in the Korean spouse's family relationship registry, a document proving the fact of marriage may be subs
Examination of applications for naturalization
- Examination of qualifications for naturalization
· The Justice Minister conducts a comprehensive assessment under Article 48 (2)-3 of the Enforcement Decree of the Immigration Control Act (hereinafter “comprehensive assessment”) and interview-based examination for applicants for naturalization (Article 4 (3) of the Enforcement Decree of the Nationality Act).
※Those exempted from comprehensive assessment
· The comprehensive assessment shall be Facilitated Naturalization shall be exempted for those who have completed the societal integration program (hereinafter “societal integration program”), including education, provision of information and counseling the Justice Minister provides for societal adaptation by those who have applied for facilitated naturalization based on marriage-based immigration and foreigners who desire to obtain Republic of Korea nationality or a permanent sojourn permit and those who have obtained 60 or more points out of full 100 points in the comprehensive assessment within the last 3 years (Article 39 (1) of the Immigration Control Act, Article 4 (1)-5, 5-2, 6 of the Enforcement Rules of the Nationality Act, and Article 7 (1)-3 of the Guidelines for Handling Nationality Related Services).
The interview examines the applicant’s Korean language proficiency, and basic requirements for a Republic of Korea national, including posture as Republic of Korea citizen and belief in the basic free democratic order (Article 4 (4) of the Enforcement Rules of the Nationality Act).
※The interview shall be exempted for those marriage-based immigrants who have maintained a normal married relationship with the spouse and those who have obtained 60 or more points out of full 100 points in the comprehensive assessment among those who have completed the societal integration program (Article 4 (4) of the Enforcement Rules of the Nationality Act and Article 8 (3)-2 of Guidelines for Handling Nationality related Services).
Issuance, etc. of a letter of permission for naturalization
- A foreigner who has been judged to be qualified for naturalization as a result of an examination of qualifications for naturalization shall attain the nationality of the Republic of Korea at the time he/she takes an oath of citizenship before the Minister of Justice and is granted a certificate of nationality (Article 4 (3) of the Nationality Act).
- Where an applicant for naturalization attains the nationality of the Republic of Korea, the Minister of Justice shall notify the head of the family register office at the place of registration without delay and make a public announcement thereof in the Official Gazette (Article 5 of the Enforcement Decree of the Nationality Act).