There is a distinction between nationality and permanent residency.
Differences between nationality, permanent residency, and citizenship
Nationality
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Permanent Residency
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▪ Refers to the criteria for becoming a citizen of a certain country ▪ The nationality of the Republic of Korea can be acquired through birth, acknowledgment, naturalization, or nationality restoration.
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▪ Refers to the right granted to foreigners who meet certain criteria to reside permanently in the Republic of Korea ▪ Even if a national of the Republic of Korea acquires permanent residency in another country, they still maintain their Korean identity.
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※ Distinction from citizenship
- “Citizenship” can largely be seen as having a similar legal nature and function to nationality. In Anglo-Saxon countries like the United States, Canada, and Australia, a citizen is essentially viewed as a national of that country. For legal matters, citizenship and nationality are treated as equivalent concepts (see the
website of the Embassy of the Republic of Korea to South Korean Embassy in Canada).
Nationality is divided into congenital and acquired based on the acquisition method.
Methods of acquiring nationality
- The acquisition of the nationality of the Republic of Korea is defined in the Nationality Act, and methods of acquisition are differentiated as follows (see the Korea Legislation Research Institute’s legal term search).
Congenital
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Acquired
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▪ Refers to acquiring nationality at birth, which is the most common method ▪ Includes the principles of jus sanguinis (right of blood) and jus soli (right of soil). The Republic of Korea primarily adopts jus sanguinis.
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▪ Refers to acquiring nationality through marriage or via naturalization or nationality restoration
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