ENGLISH
Multicultural families
Stay status of immigrants by marriage 
Status as a spouse of a Korean national- A foreign national who is married with a Korean national will obtain the status of spouse of a Korean national.
- Therefore, if a foreign national enters into a matrimonial relationship with a Korean national in the Republic of Korea, he/she may apply to modify his/her visa status to that of marriage migrant (F-6) status granted to the spouse of a Korean national. However, those who are married would be entering Korea with a marriage migrant (F-6) visa, and thus no additional application is required (Article 24 of the “Immigration Act” and attached Table 1-2, subparagraph27 of the “Enforcement Decree of the Immigration Act”).
Marriage migrant (F-6) status- The foreign nationals who are entitled to obtain the marriage migrant (F-6) visa are as follows (Article 12 and attached Table 1-2, subparagraph 27 of the “Enforcement Decree of the Immigration Act”):
1. A spouse of a Korean national
2. A father or mother currently raising a child born out of wedlock with a Korean national (including de facto marriage relationships) that are acknowledged by the Minister of Justice
3. A foreign national who is unable to maintain a normal marriage relationship due to the disappearance or death of his/her spouse, or any other reasons not attributable to him/herself, which occurred during his/her stay in Korea through marriage with his/her spouse, that are acknowledged by the Minister of Justice.
Acquisition of stay status as the spouse of a national of the Republic of Korea Significance of the marriage migrant (F-6) status- The marriage migrant (F-6) status is granted to a foreign national who enters into marriage with a national of the Republic of Korea (Article 12 and attached Table 1-2, subparagraph 27 of the “Enforcement Decree of the Immigration Act”).
- The marriage immigration (F-6) qualification enables the person to propel unlimited employment activities, and if the person stays more than two years in Korea with the marriage immigration (F-6) qualification, she/may modify it to denizenship (F-5) (Article 12-2, Paragraph 1 and Attached Table 1-3, Subparagraph 2 of the “Immigration Control Act Enforcement Decree”).
Application for permission for change in status of stay- Application agencies
· If a foreign national wishes to change his/her existing status of stay to marriage migrant (F-6) status, the relevant application for permission for a change in status of stay must be made by the applicant or his/her authorized agent at a local immigration office or a government office for foreign residents having jurisdiction over the applicant’s address (Article 24, paragraph 1 of the “Immigration Act”).
- Documents required for application
· Those who wish to obtain permission for a change in their status of stay must file an application for permission for a change in status of stay using the following documents attached under the classification provided below to the agency head, office head, or branch head (Article 30, paragraph 1) and attached Table 1-2 of the “Enforcement Decree of the Immigration Act”, and Article 76, paragraph 2, Article 9-4, paragraph 2, and attached Table 5-2 of the “Enforcement Rule of the Immigration Act”).
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Classification |
Documents to be attached |
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Spouse of a Korean national |
√ Documents demonstrating the marriage relationship √ Family relation certificate and basic certificates of the spouse with Korean citizenship √ Documents demonstrating income status √ Sponsor’s credit information inquiry (the one issued by Korea Credit Information Services) √ A reference of the spouse with Korean citizenship (reference period must be at least 2 years) √ Invitation for the foreign spouse √ A written statement regarding the background to marriage created by the foreign spouse √ Documents demonstrating housing conditions √ Evidentiary x-documents related to Korean language skill ※ A person required to complete the international marriage guide program must additionally submit the following x-documents: √ A certificate concerning criminal records of the other party to marriage issued by a competent agency in the country of the party's nationality or the country where the party resides √ Health certificate of the other party to marriage (containing matters concerning acquired immunodeficiency and sexually transmitted diseases, tuberculosis infection, or mental illness that may interfere with normal marriage) |
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A father or mother currently raising a childborn out of wedlock with a Korean national (including de facto marriage relationships) that are acknowledged by the Minister of Justice |
√ A certificate regarding family relation records (including x-documents demonstrating that the spouse is in a de facto matrimonial relationship with a Korean national) √ Documents demonstrating the bringing up of child(ren) |
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A foreign national who is unable to maintain a normal marriage relationship due to the disappearance or death of his/her spouse, or any other reasons not attributable to him/herself, which occurred during his/her stay in Korea through marriage with his/her spouse, that are acknowledged by the Minister of Justice. |
√ Documents demonstrating death or disappearance, or other x-documents verifying that the marriage relationship came to an end due to reasons not attributable to the applicant |
Acquisition of permanent residency (F-5) status of stay Significance of permanent residency (F-5) status of stay- A foreign national with marriage migrant (F-6) status becomes entitled to acquire Korean citizenship via the naturalization procedure 2 years after his/her marriage, but if he/she wishes to maintain his/her original nationality, he/she may modify his/her status of stay to permanent residency (F-5) status, which is the status of stay closest to citizenship of the Republic of Korea (Article 24 of the “Immigration Act” and attached Table 1-3 of the “Enforcement Decree of the Immigration Act”).
- The permanent residency (F-5) status includes the following benefits:
1. Permanent residents are not required to apply to obtain permission to extend the period of stay during the period of holding permanent residency (F-5) status.
2. Those desiring reentry into Korea within 2 years from his/her exit will be exempted from the requirement to apply to obtain permission for re-entry (Article 30, paragraph 1 of the “Immigration Act” and Article 44-2, paragraph 1, subparagraph 1 of the “Enforcement Rule of the Immigration Act”).
3. A foreigner 18 years or older who is enrolled, as of the reference date for preparing electoral register, in the register of foreigners of the relevant local government and for whom three years have passed since the date of qualifying for permanent residence (F-5) has the right to vote in the elections of local assembly members and local government heads held in the relevant area (Article 15-(2)-3 of the Public Office Election Act).
4. Unless falling under the below cases, the person will not be subject to compulsory eviction (Article 12-2, Paragraph 1 of the “Immigration Control Act” and Article 54 of the “Immigration Control Act Enforcement Regulations”).
A. Where he/she has committed a crime concerning insurgency or foreign aggression under the “Criminal Act”
B. If a person committed any crime under Paragraphs of Article 54 of the “Immigration Control Act Enforcement Regulations,” such as murder, robbery, rape, drugs, etc. and has been released after being sentenced to more than five years of imprisonment or imprisonment without prison labor, and therefore, deemed by the Attorney General that compulsory eviction is only fair.
C. Where he/she moves foreign nationals in groups to enter or leave the Republic of Korea for profit or facilitates, incites, or aids and abets such activities
5. A permanent residency (F-5) status holder will have no restriction on his/her employment and will be assured freedom of economic activities.
Application for the permanent residency (F-5) status- Members of multicultural families who fall under any of the following categories will be entitled to file an application for permanent residency (F-5) status (attached Table 1-3, subparagraphs 1 and 2 of the “Enforcement Decree of the Immigration Act”):
· An adult under the “Civil Act” of the Republic of Korea who has stayed in the Republic of Korea for 5 years or longer with a status of stay ranging from intra-company transferee (D-7) to designated activities (E-7) or the resident (F-2) status
· A spouse or a minor child of a Korean national or a holder of permanent residency (F-5) status who has stayed in the Republic of Korea for 2 years or longer
· As a person who has applied for status of stay due to his/her birth in the Republic of Korea, if his/her father or mother at birth resides in the Republic of Korea with permanent residency (F-5) status and he/she has been acknowledged by the Minister of Justice
- Documents required for application
· A person who wishes to apply for permission for a change in status of stay must file the application to the Minister of Justice using the following documents (Article 30, paragraph 1 of the “Enforcement Decree of the Immigration Act” and Article 76, paragraph 2, subparagraph 6 and attached Table 5-2 of the “Enforcement Rule of the Immigration Act”).
1. Documents demonstrating that he/she is entitled to obtain permanent residency (F-5) status of stay
2. Official documents issued by an agency with authority in the applicant's country of nationality
3. Documents containing criminal records in the applicant's country of nationality
- Restriction on the grant of permanent residency (F-5) status
· A person who falls within the categories provided under Article 46, paragraph 1 of the “Immigration Act” is not permitted to apply for permanent residency status (attached Table 1-3 of the “Enforcement Decree of the Immigration Act”).
Other stay-related matters Alien registration- Persons subject to alien registration
· If a foreign national intends to stay in the Republic of Korea for more than 90 days from the initial date of entry, the foreign national must file for alien registration with the head of the regional immigration office or with the government office for foreign residents having jurisdiction over his/her place of stay within 90 days from the date of entry into the Republic of Korea (main provision of Article 31, paragraph 1 of the “Immigration Act”).
- Carrying and presentation of alien registration cards
· Every foreign national staying in the Republic of Korea must always carry his/her passport or alien registration card (Article 27, paragraph 1 of the “Immigration Act”).
· When an immigration control official or a competent public official requires an alien to present his/her passport or alien registration card, the alien must comply (Article 27, paragraph 2 of the “Immigration Act”).
- Return of alien registration cards
· If a foreign national who has filed for registration departs from the Republic of Korea, the foreign national must return his/her alien registration card to an immigration control official unless he/she falls under any of the following circumstances (Article 37, paragraph 1 of the “Immigration Act”):
1. Where the foreign national granted reentry permission intends to reenter within the permitted period after a temporary departure
2. Where the foreign national holds a multiple-entry visa or is a national of a country exempt from reentry permission and intends to reenter within the permitted period of stay after a temporary departure
3. Where the foreign national has been issued a refugee travel document and intends to reenter within the term of validity of the refugee travel document after a temporary departure
· Also,if the person registered as a foreigner became a Korean national, passed away,or became exempted from being a registered foreigner under Article 31,Paragraph 1 of the “Immigration Control Act”(excluding foreign registrations done according to Article 31, Paragraph 2 ofthe “Immigration Control Act”), he/she shall return his/her foreign registrationcertificate to the resident area’s competent head of theImmigration Service, head of an immigration office, and head of an immigrationbranch office (Article 37, Paragraph 2 of the “ImmigrationControl Act” and Article 46, Paragraph 2 of the “ImmigrationControl Act Enforcement Decree”).
- Cancellation of alien registration
· The head of the regional immigration office or government office for foreign residents may cancel alien registration pursuant to Article 32 of the “Immigration Act” if a registered alien falls under any of the following circumstances (Article 37-2, paragraph 1 of the “Immigration Act”):
√ Where a foreign national surrenders his/her alien registration card
√ Where a foreign national fails to enter the Republic of Korea during the permitted period of reentry after departure (or the period of exemption, if the foreign national is exempt from permission for reentry or the permitted period of stay)
√ Where an immigration control official finds any other grounds for cancellation similar to those specified above in the course of performing his/her duties
Extension of permitted period of stay- Supposethe foreigner intends to stay in Korea even after exceeding the fixed residenceperiod stipulated for his/her residence eligibility. In that case, theforeigner shall submit the residence extension application and the followingx-documents to the head of the Immigration Service,head of an immigration office, or head of an immigration branch officeto receive the Attorney General’s permission (Article 25 ofthe Immigration Control Act, Article 31, Paragraph 1 of the Enforcement Decreeof the Immigration Control Act, Article 76, Paragraph 2 and Attached Table 5-2of the Immigration Control Act Enforcement Regulations).
1. General requirements: passport, foreign registration certificate, residence confirmation
2. The Korean national’s marriage partner: the Korean marriage partner’s marriage relationship certificate, the Korean marriage partner’s resident registration certificate
3. A parent acknowledged by the Attorney General to nurture children born between him/her and his/her Korean marriage partner (includes virtual marriage relationship): certificate indicating his/her family relationship history, documents confirming that he/she raises the child
4. A person acknowledged by the Attorney General as incapable to maintain a normal marriage relationship with his/her Korean partner due to the marriage partner’s death, disappearance, or other reasons not attributable to the person: Document certifying the marriage partner’s death, disappearance, or other reasons not attributable to the person for the severance in marital relationship.
- Where a foreign national who is the spouse of a national of the Republic of Korea, in whose case a trial in a court, an investigation by an investigative agency, or procedures for remedying an infringement of his/her rights under other Acts due to domestic violence defined in subparagraph 1 of Article 2 of the Act on the Prevention of Domestic Violence and Protection, Etc. of Victims is in progress, applies for an extension of his/her period of stay, the Minister of Justice may grant an extension of the period of stay until such procedures for remedying such infringement of his/her rights are completed (Article 25-2(1) of the “Immigration Act”).
- Where an alien, in whose case a trial in a court, an investigation by an investigative agency, or procedures for remedying an infringement of his/her right under other Acts due to the sexual crime defined in of Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is proceeding, applies for an extension of his/her period of stay, an extension may be granted until the aforesaid procedures are completed (Article 25-2(1)2 of the Immigration Control Act).
- Where an alien child, in whose case a trial in a court, an investigation by an investigative agency, or procedures for remedying an infringement of his/her right under other Acts due to the child abuse crime defined in of Article 2-4 (Subparagraph 4) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes is proceeding and his/her protector under Article 3-3 (Subparagraph 3) of the Child Welfare Act (excluding child abuser), applies for an extension of their period of stay, an extension may be granted until the aforesaid procedures are completed (Articles 25-2(1)3 of the Immigration Control Act).
※ Where the Minister of Justice deems it necessary for a foreign national to recover from an injury, etc. even after the expiration of the period of stay extended under paragraph (1), he/she may grant an extension of the period of stay (Article 25-2(1)3 of the “Immigration Act”).
Reporting on change in place of stay- If a foreign national who has filed for registration changes his/her place of stay, the foreign national must file an address change report with the head of the si/gun/gu or eup/myeon/dong district where the new place of stay is located, or with the head of the regional immigration office or government office for foreign residents having jurisdiction over the new place of stay, as prescribed by Presidential Decree, within 15 days from the date on which the alien moves into the new place of stay (Article 36(1) of the “Immigration Act”).
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