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Naturalization (귀화)

Naturalization (귀화)

1. Acquirement of Nationality:


1) Nationality Act Article 2 (nationality acquisition by birth)

Those that meet the following conditions will acquire Korean nationality at the time of their birth:

i) Those whose either parent was a Korean national at birth;

ii) If the only Korean parent had died before the birth of the applicant, applicant is still eligible for acquisition if the aforementioned Korean parent had maintained Korean nationality at the time of death;

iii) Those born in Korean while both parents’ nationality was either unclear or nonexistent;

iv) Abandoned children that were found in Korea;

v) After June 14,1998 which is the effective date of current nationality act, those who has at least one Korean parent are automatically granted Korean nationality from birth, regardless of their decisions on whether to choose the nationality of the foreign parent or the country of birth (if born outside Korea);

vi) However, should such children’s birth be declared only to the foreign parent’s country or the country of birth (if born outside Korea), but remains undeclared to Korea until their 22nd birthday, their Korean nationality will automatically be canceled due to the nationality selection system. At this point, family register cannot be made simply with declaration of birth, and special naturalization must be granted in order for them to gain Korean nationality.

 

2) Naturalization (General, Simplified, Special)

(1) General Naturalization:

Pursuant to revised Nationality Act, except for special cases, foreigners shall have F-5 visa before applying for general naturalization.


(2) Simplified Naturalization (Marriage)

i) You must be legally adult based on Civil Act; 

ii) You must have good conduct;

iii) You must have the ability to maintain living on your own assets or skills; or is a dependent member of a family capable of the supporting itself;

iv) You must have basic knowledge befitting a Korean national; such as understanding of the Korean language, customs and culture.

 

2. Loss of Nationality:


1) Nationality Act Article 15

(Loss of nationality caused by gaining of foreign nationality)

i) Korean nationals that voluntarily acquiring foreign nationality must forfeit Korean nationality upon acquirement;

ii) Korean nationals that belong to the following (but did not voluntarily gain foreign nationality), must declare willingness to maintain Korean nationality within 6 months from acquiring such foreign nationality. Failure to do so will result in loss of their Korean nationality.

iii) Those that married a foreigner and gained the nationality of the spouse:

- Those that were adopted and gained the nationality of their foster parent;

- Those that gained the nationality of foreign parent through his/her recognition;

- Spouse or children (minor) of those that gained a foreign nationality and lost Korean nationality that gained foreign nationality by extension, under the laws of the foreign country.

iv) Those that lost Korean nationality due to acquiring a foreign one, but does not know the exact date of acquisition, it will be defined as the date a foreign passport is issued to them.

 

2) Acquisition of Foreign Nationality by Korean Nationals:

Korean nationals that voluntarily acquired foreign nationality automatically forfeits Korean nationality upon such acquisition. However, if acquisition of foreign nationality was a result of some foreign law and can therefore be considered involuntary, Korean nationality is temporarily maintained along with the foreign nationality.

 

3) Discontinuation of Declaration of Nationality:

Notwithstanding, if they do not declare their willingness to continue maintaining Korean nationality within 6 months of acquisition of foreign nationality, they will automatically be considered to have lost their Koran nationality on the day of the acquisition of the said foreign nationality.

 

4) No Willingness to Maintain Korean Nationality:

Those that do declare their willingness to maintain Korean nationality within six months of acquiring foreign nationality will then be eligible for application of nationality choice system as dual nationality holder.

 

3. Reinstatement of Nationality:

1) Foreigners that had Korean nationality in the past:

i) Those that lost Korean nationality through reasons stated to Nationality Act (A Korean Foreigner);

ii) Those that renounced their nationality as a person with dual nationality;

iii) Foreigners that acquired Korean nationality under the permission of National-ship or married a Korean national before June 14, 1998, but the forfeited Korean nationality due to the fact that did not give up their original nationality within 6 months of acquiring Korean nationality, and have held onto that original nationality for more than a year after forfeiting Korean nationality;

iv) If the domestic family registry is still intact at the time of reinstatement.

- Those with foreign nationality that still have a valid family register must first cancel the register by reporting loss of nationality, then re-add themselves after reinstating their Korean nationality;

- Even if their family registry was intact, since obtaining foreign nationality automatically invalidates the Korean one, the family registry merely represents an inaccurate record, and cannot be used again;

- In such cases, the affected foreigners must simultaneously declare of the nationality and apply for reinstatement of nationality. If the register already records the original loss of Korean nationality, then there is no need to declare loss of nationality;

v) In such cases, the affected foreigners must simultaneously declare of the nationality and apply for reinstatement of nationality. If the register already records the original loss of Korean nationality, then there is no need to declare loss of nationality.

- Unlike naturalization, if men are reinstated their nationality at the age where military service is applicable, all military service laws will then apply to them. Thus, if they did not fulfill military service in the past, they must do so.

 


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Blog: Updated Korea VISA & Immigration Information-2020

30 Dec 2020

2021 E7-4 visa Information_Points based Skilled Workers’ VISA Korea 숙련기능인력 점수제 비자

2021 E7-4 visa Information_Points based Skilled Workers’ VISA 숙련기능인력 점수제 비자

It is under consideration so you may refer to Q4 2020 criteria. 

Higher points application (special quota) will be started from Jan. 1, 2021. 

General quota is the same as 2020 before the final criteria is released.

#expats #foreigner #foreign_worker #e74visa #e7visa

E7비자에서 복수국적 신청하는 방법

E7 비자에서 복수국적을 신청하는 방법과 조건_https://youtu.be/X1YieoiiteY

MR JANG이 유튜브 채널에 올려주신 우수인재 특별귀화와 관련해서 질문을 드리려고 합니다. 저는 해외에서 IT 관련 석사학위를 받았고, 현재 대기업에서 3년 6개월 일하고 있습니다. 이번에 시행하고 있는 우수인재 특별귀화 대상에 저도 포함되는지요?

VISA in KOREA
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Restriction of renunciation of nationality after the age of 18 for multiple nationalities

Restriction of renunciation of nationality after the age of 18 for multiple nationalities is inconsistent with the constitution_https://youtu.be/CqLLiLspYYs

The Constitutional Court decided that the provisions of the Nationality Act would be contrary to the Constitution to prevent multiple nationalities over the age of 18 from giving up their Korean citizenship and choosing foreign nationality when they failed to resolve the military service problem.

VISA in KOREA NEWS

#expats #dual_citizen #multiple_citizenship #constitution #renunciation_of_nationality #foreigner #overseas_Korean #국적이탈 #국적법 #헌법재판소 #헌법불합치 #visainkorea #장행닷컴

Guidance on Processing Period of Examination of Naturalization (Nationality) for reference.국적업무처리기간

Kindly review attached Guidance on Processing Period of Examination of Naturalization (Nationality) for reference.

국적업무처리기간

1. Naturalization by Marriage Migrant (Article 6 (2) of Nationality Act): 

Where a foreigner whose spouse is a national of the Republic of Korea falls under any of the following subparagraphs, he/she may obtain permission for naturalization, even without meeting the requirements under subparagraphs 1 and 1-2 of Article 5: 
1. A person who has had a domicile in the Republic of Korea for at least two consecutive years while being married to the said spouse;
2. A person for whom three years have lapsed, since he/she got married to the said spouse, having a domicile in the Republic of Korea for at least one year while being married to the said spouse;
3. A person who failed to fulfill the requirements for a period under subparagraph 1 or 2 for the reason that he/she was unable to sustain marriage due to death or disappearance of his/her spouse or other causes unattributable to him/her while having a domicile in the Republic of Korea and being married to the said spouse, but has fulfilled the requirements for the remaining period under subparagraph 1 or 2 and thus is considered a case reasonable by the Minister of Justice;
4. A person who failed to satisfy the requirements under subparagraph 1 or 2, but who is, or shall be, taking care of a minor born within the marriage relationship with the said spouse, and has met the domicile period requirements under subparagraph 1 or 2 and thus be considered a case reasonable by the Minister of Justice.

2. Special Naturalization (Article 7(1)1)) of Nationality Act:

(1) Any of the following foreigners who has a domicile in the Republic of Korea may obtain permission for naturalization, even without meeting the requirements under subparagraph 1, 1-2, 2, or 4 of Article 5: 
1) A person whose father or mother is a national of the Republic of Korea: Provided, That a person adopted as an adult under the Civil Act of the Republic of Korea shall be excluded;

3. Simplified Naturalization (Article 6 (1)1)~3) of Nationality Act):

(1) Any of the following foreigners who has had a domicile in the Republic of Korea for at least three consecutive years may obtain permission for naturalization, even without meeting the requirements under subparagraphs 1 and 1-2 of Article 5: 
1) A person whose father or mother was a national of the Republic of Korea;
2) A person who was born in the Republic of Korea and whose father or mother was born in the Republic of Korea;
33) A person adopted by a national of the Republic of Korea who was an adult under the Civil Act of the Republic of Korea at the time of adoption.

4. General Naturalization (Article 5 of Nationality Act):

A foreigner shall meet the following requirements in order to obtain permission for naturalization, except in cases falling under Article 6 or 7: 
1. He/she shall have had a domicile in the Republic of Korea for at least five consecutive years;
1-2. He/she shall have qualification for permanent residence in the Republic of Korea;
2. He/she shall be an adult under the Civil Act of the Republic of Korea;
3. He/she shall meet the requirements regarding good conduct prescribed by Ordinance of the Ministry of Justice, such as complying with statutes;
4. He/she shall be able to support himself/herself, relying on his/her own assets, ability, or family he/she lives with;
5. He/she shall have basic knowledge as a national of the Republic of Korea, such as Korean language proficiency and understanding of Korean custom;
6. The Minister of Justice shall acknowledge that granting permission for naturalization to him/her does not compromise national security, maintenance of order, or public welfare.
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