Foreigners who acquire the nationality of the Republic of Korea must, in principle, renounce their foreign nationality.
Obligation to renounce foreign nationality
- Foreigners who acquire the nationality of the Republic of Korea and have a foreign nationality must renounce their foreign nationality within 1 year from the date of acquiring the nationality of the Republic of Korea (Article 10(1) of the Nationality Act).
Procedure for renouncing foreign nationality
- Individuals who wish to renounce their foreign nationality must complete the renunciation or loss procedure within 1 year from the date they acquired the nationality of the Republic of Korea, and promptly submit to the head of an immigration office, the head of a local immigration office, the head of a branch office of an immigration office, or the head of a branch office of a local immigration office (hereinafter “office head, etc.”) the nationality renunciation (or loss) certificate issued by the consul or related official of that foreign country (hereinafter “renunciation certificate, etc.”) (Article 11(1) and Subparagraph 2 of Article 29 of the Enforcement Decree of the Nationality Act; attached Form No. 5 of the Enforcement Rules of the Nationality Act).
- Individuals who fall under any of the following and have their address in a foreign country can also submit the documents through the head of a diplomatic mission abroad in their jurisdiction (referring to embassies, representative offices, and consulates-general) under their jurisdiction (Articles 3(1) and 9(1) of the Nationality Act; Article 2 of the Act on the Establishment of Diplomatic Missions Abroad of the Republic of Korea; and Article 25(1)3 of the Enforcement Decree of the Nationality Act):
· Foreigners who are minors under the Civil Act of the Republic of Korea and whose father or mother was a national of the Republic of Korea at the time of their birth, and who acquired nationality of the Republic of Korea upon recognition by their father or mother, the nationals of the Republic of Korea; or
· Foreigners who were once nationals of the Republic of Korea and received permission for nationality restoration.
- The office head, etc. must issue a foreign nationality renunciation confirmation certificate to individuals who have submitted the renunciation certificate, etc. (Article 11(2) and Subparagraph 5 of Article 29 of the Enforcement Decree of the Nationality Act; attached Form No. 5 of the Enforcement Rules of the Nationality Act).
Fees
- The fee for the issuance of a Certificate of Renunciation of Foreign Nationality is KRW 2,000 per document (Article 24(1) of the Nationality Act; Article 18(1)7 of the Enforcement Rules of the Nationality Act).
※ The fee must be paid through a government revenue stamp equivalent to the fee amount. However, at diplomatic missions abroad, payments can be made in cash, in foreign currency equivalent to the fee, or through a certificate proving the payment (Article 24(3) of the Nationality Act; Article 18(2) of the Enforcement Rules of the Nationality Act).
- If you apply for the issuance of a Certificate of Renunciation of Foreign Nationality through the electronic civil petition window or integrated electronic civil petition window, the fee will be waived (Article 24(3) of the Nationality Act; Article 18(3)3 of the Enforcement Rules of the Nationality Act).
- Additionally, the fee can be waived if the Minister of Justice deems it necessary because of humanitarian reasons or other such considerations (Article 24(3) of the Nationality Act; Article 18(3)4 of the Enforcement Rules of the Nationality Act).
※ The issuance of the Certificate of Renunciation of Foreign Nationality can be done on the <
Government24 website> or by visiting the Immigration Office, the Immigration Affairs Office, the branch of the Immigration Office, or the branch of the Immigration Affairs Office.
Foreigners who acquire the nationality of the Republic of Korea and fall under certain categories can maintain multiple citizenship by making a pledge not to exercise their foreign nationality.
Pledge not to exercise foreign nationality
- Persons who fall under any of the following categories can maintain multiple nationality by making a pledge (hereinafter “pledge not to exercise foreign nationality”) to the Minister of Justice that they will not exercise their foreign nationality in the Republic of Korea (see Articles 6(2)1 and 2, 7(1)2 and 3, and 10(2) of the Nationality Act; Article 13 and Subparagraph 5 of Article 29 of the Enforcement Decree of the Nationality Act).
Persons Subject to the Pledge Not to Exercise Foreign Nationality
|
▪ Persons who, upon receiving naturalization permission, meet any of the following conditions:
|
1. A foreigner whose spouse is a national of the Republic of Korea and have had a registered address in the Republic of Korea for more than 2 years while married to that spouse
|
2. Foreigners whose spouse is a national of the Republic of Korea and, after marrying, have had a registered address in the Republic of Korea for more than 1 year after 3 years of marriage
|
3. Foreigners with an address in the Republic of Korea and who have made significant contributions to the Republic of Korea
|
4. Foreigners with an address in the Republic of Korea who possess outstanding capabilities in fields like science, economy, culture, sports, etc. and are recognized as contributors to national interests of the Republic of Korea
|
▪ Persons who have received nationality restoration permission and are recognized by the Minister of Justice to meet any of the following conditions:
|
1. Foreigners with an address in the Republic of Korea and who have made significant contributions to the Republic of Korea
|
2. Foreigners with an address in the Republic of Korea who possess outstanding capabilities in fields like science, economy, culture, sports, etc., and are recognized as contributors to national interests of the Republic of Korea
|
▪ Persons who, under the Civil Act of the Republic of Korea, were adopted by foreigners before reaching the age of majority, acquired foreign nationality, continuously resided abroad, and then received nationality restoration permission
|
▪ Persons who resided abroad and entered the Republic of Korea for permanent residence after the age of 65 and then received nationality restoration permission
|
▪ Persons who, despite their own wishes, find it difficult to renounce foreign nationality because of foreign laws and systems and meet any of the following conditions:
|
1. Persons who, because of foreign laws and systems, find it impossible to renounce foreign nationality or are recognized to be in an equivalent situation
|
2. Persons who initiated the procedure to renounce foreign nationality within 3 months after acquiring the nationality of the Republic of Korea, but because of foreign laws and systems, cannot complete the renunciation procedure within 1 year of acquiring the nationality of the Republic of Korea and submit relevant documents to the Minister of Justice to prove this ※ However, once such individuals complete the foreign nationality renunciation procedure, they must promptly submit renunciation certificate, etc. to the office head, etc.
|
Procedure for the pledge not to exercise foreign nationality
- Those who intend to take the pledge not to exercise foreign nationality must, within 1 year from the date of acquiring nationality of the Republic of Korea and while residing in the Republic of Korea, draft and submit a written pledge to the office head, etc. (see the main body of Article 10(2) of the Nationality Act; Article 11(3) of the Enforcement Decree of the Nationality Act; and attached Form No. 5-2 of the Enforcement Regulations of the Nationality Act).
- Individuals who fit any of the following criteria and reside abroad can also submit documents through the head of a diplomatic mission abroad in their jurisdiction (Articles 3(1) and 9(1) of the Nationality Act; Article 25(1)4 of the Enforcement Decree of the Nationality Act):
· Minors under the Civil Act of the Republic of Korea who were foreigners at birth but were recognized by a parent, a national of the Republic of Korea, and thereby acquired nationality of the Republic of Korea; or
· Foreigners who were once nationals of the Republic of Korea and have received permission to restore their nationality.
- Upon receiving the written pledge, the office head, etc. must promptly send it to the Minister of Justice. When the Minister of Justice approves the pledge, a confirmation document of the pledge not to exercise foreign nationality must be issued to the individual (Article 11(4) of the Enforcement Decree of the Nationality Act; attached Form 5-3 of the Enforcement Rules of the Nationality Act).
Fees
- The issuance fee for the confirmation document of the pledge not to exercise foreign nationality is KRW 2,000 per document (Article 24(1) of the Nationality Act; Article 18(1)8 of the Enforcement Rules of the Nationality Act).
※ The fee can be paid as a government revenue stamp of the corresponding amount. However, at diplomatic missions abroad, it can be paid in cash, equivalent foreign currency, or any proof of payment (Article 24(3) of the Nationality Act; Article 18(2) of the Enforcement Rules of the Nationality Act).
- If you apply for the issuance of the confirmation document of the pledge not to exercise foreign nationality via the electronic civil petition portal or the integrated electronic civil petition portal, the fee will be waived (Article 24(3) of the Nationality Act; Article 18(3)3 of the Enforcement Rules of the Nationality Act).
- In other cases, considering humanitarian reasons, the fee may be waived if deemed necessary by the Minister of Justice (Article 24(3) of the Nationality Act; Article 18(3)4 of the Enforcement Rules of the Nationality Act).
※ The confirmation document of the pledge not to exercise foreign nationality can be obtained on the <
Government24 website> or by visiting the Immigration and Foreigner Agency, its branch offices, or the Immigration and Foreigner Office and its branch offices.
Foreign nationals who have acquired the nationality of the Republic of Korea and cannot renounce or take the pledge of non-acquisition of their foreign nationality within 1 year may be required to provide proof of renunciation of foreign nationality.
Request for proof of renunciation of foreign nationality
- The Minister of Justice can request proof of renunciation of foreign nationality from foreign nationals who have acquired the nationality of the Republic of Korea (excluding those who submitted a renunciation certificate, etc. or the pledge not to exercise foreign nationality within 1 year of acquisition) after the said period (Article 12(1) of the Enforcement Decree of the Nationality Act).
- If the whereabouts of the person are unknown or unavoidable circumstances are preventing a written request, the request for proof of renunciation of foreign nationality can be made by publishing in the Official Gazette. In this case, the intention of the request is considered to have been received the day after the gazette publication (Article 12(2) of the Enforcement Decree of the Nationality Act).
- Those who receive the request must prove, within 1 month of receiving the request, that they have renounced their foreign nationality by submitting a renunciation certificate, etc. issued by a foreign consul or other related official. If not fulfilled, they are deemed not to have renounced their foreign nationality (Article 12(3) of the Enforcement Decree of the Nationality Act).
- If someone, because of natural disasters or other force majeure reasons, could not meet the requirements within a month, they have 10 days from the cessation of such circumstances to prove the renunciation of their foreign nationality (Article 12(4) of the Enforcement Decree of the Nationality Act).
If you acquire the nationality of the Republic of Korea but do not renounce your foreign nationality or do not pledge not to exercise foreign nationality, you will face disadvantages.
Loss of nationality of the Republic of Korea
- If a foreigner who has acquired the nationality of the Republic of Korea and still holds a foreign nationality does not fulfill the obligation to renounce their foreign nationality or the obligation to pledge not to exercise that foreign nationality within 1 year from the date of acquiring the nationality of the Republic of Korea, they will lose the nationality of the Republic of Korea once that period expires (Article 10(3) of the Nationality Act).
Restriction on treatment as a national of the Republic of Korea
- For those who have acquired the nationality of the Republic of Korea but have not completed the procedure to renounce their foreign nationality or the procedure to pledge not to exercise that foreign nationality, their treatment as nationals of the Republic of Korea may be restricted in areas such as immigration, residence, citizen registration, or passport issuance according to related laws (Article 14 of the Enforcement Decree of the Nationality Act).
Those who have lost the nationality of the Republic of Korea can also re-acquire it.
Reacquisition of nationality
- If a person who lost their nationality of the Republic of Korea for not renouncing their foreign nationality within 1 year from the date of acquisition then renounces that foreign nationality within the following year, they can reacquire nationality of the Republic of Korea by reporting to the Minister of Justice (Article 11(1) of the Nationality Act).
- Upon making the report for reacquisition of nationality, you will acquire the nationality of the Republic of Korea at the time of the report (Article 11(2) of the Nationality Act).
How to report
- The report for reacquisition of nationality must be made directly by the individual (limited to those aged 15 and above) (the main body of Article 25-2(1) of the Enforcement Decree of the Nationality Act).
- If the person wishing to report for reacquisition of nationality is under 15 years old, a legal representative may report on their behalf. When the legal representative reports, they must write their name and address on the report form and attach documents proving their relationship to the reporting person (Article 19 of the Nationality Act; Article 25-2(2) of the Enforcement Decree of the Nationality Act.
Required documents
- Those wishing to reacquire the nationality of the Republic of Korea must submit the following documents to the office head, etc. (Article 11 of the Nationality Act; Article 15(1) and Subparagraph 4 of Article 29 of the Enforcement Decree of the Nationality Act; and Article 10 and attached Form 1 of the Enforcement Rules of the Nationality Act).
Required Documents
|
▪ Report on nationality acquisition ▪ Certificate of family relationship records or document proving acquisition of nationality of the Republic of Korea ▪ Document proving the date and fact of renouncing foreign nationality ▪ Documents required by the Minister of Justice for nationality acquisition notification and family relationship registration
|
※ If the submitted documents concerning the report above are in a foreign language, they must be accompanied by a translation, including the translator’s name and contact details (Article 16 of the Enforcement Rules of the Nationality Act).
- If the person wishing to report for reacquisition of nationality resides abroad, they can also submit the above documents through the head of the diplomatic mission abroad of the Republic of Korea in their jurisdiction (Article 25(1)5 of the Enforcement Decree of the Nationality Act).
※ For detailed documents required for reporting the reacquisition of nationality, please check the <
Hi Korea website> or contact the Foreigner Comprehensive Information Center (☎1345).
Fees
- The fee for reporting the reacquisition of nationality is KRW 20,000 per person (Article 24(1) of the Nationality Act; Article 18(1)4 of the Enforcement Rules of the Nationality Act).
※ The fee should be paid in government revenue stamps equivalent to the amount. However, at diplomatic missions abroad, you can pay in cash, foreign currency equivalent to the amount, or proof of payment (Article 24(3) of the Nationality Act; Article 18(2) of the Enforcement Rules of the Nationality Act).
- Additionally, considering humanitarian reasons and others, if the Minister of Justice deems it necessary, the fee can be waived (Article 24(3) of the Nationality Act; Article 18(3)4 of the Enforcement Rules of the Nationality Act).
Official gazette announcement and notification
- After accepting the report for the reacquisition of nationality, the Minister of Justice must promptly notify the individual and the head of the family relationship registration office of the registration basis and announce it in the Official Gazette (Article 15(2) of the Enforcement Decree of the Nationality Act).