Selection of Nationality by a Dual Citizenship Holder
Duty of Selection of Nationality by a Dual Citizenship Holder
- An individual who becomes a dual citizenship holder before the age of 20 must select a single nationality before the age of 22, while an individual who has become a dual citizenship holder after the age of 20 must select a single nationality within 2 years after becoming a dual citizenship holder. However, dual citizenship holders who pledge to the Minister of Justice in accordance with Paragraph 2 of Article 10 of the Nationality Act to not exercise any rights held under their foreign nationality while in Korea are excluded (Paragraph 1 of Article 12 of the Nationality Act).
- Notwithstanding the main sentence of Paragraph 1 of Article 12 of the Nationality Act, an individual enlisted for preparation for military service in accordance with Article 8 of the Military Service Act must select a single nationality within 3 months after enlistment, or select a single nationality within 2 years after one of the following has occurred. However, Korean nationality can be selected before any of the following has occurred (Paragraphs 2 and 3 of Article 12 of the Nationality Act).
· Completion of service through active duty, full-time reserve service, reservist duty, or alternative service
· Enlistment for wartime labor service
· Exemption from military service
Selection of Korean Nationality by a Dual Citizenship Holder
Method of Selection of Korean Nationality
- A dual citizenship holder who intends to select Korean nationality within the period specified in the main sentence of Paragraph 1 of Article 12 of the Nationality Act can declare his or her intention to select Korean nationality to the Minister of Justice after renouncing his or her foreign nationality or pledging to abstain from exercising any rights under his or her foreign nationality in Korea as set by the Minister of Justice (Paragraph 1 of Article 13 of the Nationality Act).
- A dual citizenship holder who intends to select Korean nationality after the period specified in the main sentence of Paragraph 1 of Article 12 of the Nationality Act can only declare an intention to select Korean nationality to the Minister of Justice after renouncing his or her foreign citizenship (main sentence of Paragraph 2 of Article 13 of the Nationality Act).
※ However, an individual who completes service through active duty, full-time reserve service, reservist duty, or alternative service can declare an intention to select Korean nationality by the method specified in Article 13(1) of the Nationality Act within 2 years after the completion of service (proviso of Article 13(2) of the Nationality Act).
- Notwithstanding Paragraph 1 and the proviso of Paragraph 2 of Article 13 of the Nationality Act, an individual whose mother is determined to have been staying in a foreign country at the time of childbirth to have her child acquire a foreign nationality can declare an intention to select Korean nationality only after renouncing his or her foreign citizenship (Paragraph 3 of Article 13 of the Nationality Act).
Declaration of Selection of Nationality
- A dual nationality holder who intends to select Korean nationality in accordance with Paragraph 1 or the proviso of Paragraph 2 of Article 13 of the Nationality Act must ① complete the procedure of renunciation or loss of foreign nationality and prepare and submit a declaration of nationality selection to the Minister of Justice or ② sign a pledge of non-exercise of a foreign nationality and prepare and submit a declaration of nationality selection to the head of an immigration office or its branch office (hereinafter referred to as the "head of an immigration office, etc.")(Article 13(4) of the Nationality Act, Article 17(1) and Article 25(1) of the Enforcement Decree of the Nationality Act and Article 11(1) and Attached Form 7 of the Enforcement Rule of the Nationality Act).
- A dual citizenship holder who intends to declare an intention to select Korean nationality in accordance with the main sentence of Paragraph 2 of Article 13 or Paragraph 3 of the Nationality Act must complete the procedure of renunciation or loss of foreign nationality and submit the following documents to the Minister of Justice (Paragraph 4 of Article 13 of the Nationality Act, Paragraph 2 of Article 17 of the Nationality Act Enforcement Decree, Article 11 and Attached Template 7 of the Nationality Act Enforcement Regulations).
· Declaration of selection of nationality
· Certificate of records of family relations
· Proof of renunciation of foreign nationality and the date of such renunciation, or a written pledge of non-exercise of a foreign nationality
· Proof of acquisition of a foreign nationality and the date of such acquisition and a copy of foreign passport
· Military service-related document corroborating the applicability of Subparagraph 1 of Paragraph 3 of Article 12 of the Nationality Act (only individuals pledging to abstain from exercising their rights under a foreign nationality in accordance with the proviso of Paragraph 2 of Article 13 of the Nationality Act)
· Document corroborating the non-applicability of Paragraph 3 of Article 13 of the Nationality Act as specified by the Minister of Justice (only individuals pledging to abstain from exercising their rights under a foreign nationality in accordance with Paragraph 1 of Article 17 of the Nationality Act Enforcement Decree)
Renunciation of Korean Nationality by a Dual Citizenship Holder
Method of Renunciation of Korean Nationality
- A dual citizenship holder who intends to select a foreign nationality must have an overseas address in order to declare an intention to renounce his or her Korean nationality to the Minister of Justice through the head of the diplomatic office with jurisdiction over his or her address (main sentence of Paragraph 1 of Article 14 of the Nationality Act).
- However, notwithstanding Paragraph 1 of Article 12 of the Nationality Act, an individual enlisted in preparation for military service in accordance with Article 8 of the Nationality Act can declare the renunciation of his or her Korean nationality within 3 months after enlistment or within 2 years after one of the following occurs (Paragraphs 2 and 3 of Article 12 and the proviso of Paragraph 1 of Article 14 of the Nationality Act)
· Completion of service through active duty, full-time reserve service, reservist duty, or alternative service
· Enlistment for wartime labor service
· Exemption from military service
- An individual born of a direct ancestor who stayed in a foreign country without the intent of permanent residence can, in relation to the execution of military duty, only declare a renunciation of Korean nationality in one of the following cases (Paragraph 3 of Article 12 of the Nationality Act).
· Completion of service through active duty, full-time reserve service, reservist duty, or alternative service
· Enlistment for wartime labor service
· Exemption from military service
Declaration of Renunciation of Nationality
- A dual citizenship holder intending to declare an intention to renounce his or her Korean nationality must submit the following documents to the head of the diplomatic office with jurisdiction over his or her address (Paragraph 3 of Article 12 and Paragraph 1 of Article 18 of the Nationality Act Enforcement Decree, Article 12 and Attached Template 8 of the Enforcement Regulations of the Nationality Act, and Paragraph 3 of Article 14 of the Nationality-related Affairs Processing Guidelines).
· Declaration of renunciation of nationality
· Certificate of records of family relations
· Proof of acquisition or holding of a foreign nationality
· Proof of acquisition of a foreign nationality and the date of such acquisition, and a copy of the foreign passport
· For males seeking to declare a renunciation of Korean nationality before March 31 of the year in which they turn 18 years of age, documents corroborating the non-application of Article 16-2 of the Enforcement Decree of the Nationality Act, i.e. an official document (or its copy) issued by a foreign body indicating that the individual's father or mother continuously resided in a foreign country for more than 17 years after the individual's birth, the birth certificate, and other documents as requested.
· For males seeking to declare a renunciation of Korean nationality after April 1 of the year in which they turn 18 years old, a document corroborating any one of the following in regard to the execution of military duty (to be submitted only when corroboration by a certificate of military service is not possible) and a certificate of military service (to be submitted only if the individual making a declaration does not consent to verification of information by common use of administrative information in accordance with Paragraph 1 of Article 36 of the E-Government Act)
√ Completion of service through active duty, full-time reserve service, reservist duty, or alternative service
√ Enlistment for wartime labor service
√ Exemption from military duty