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MARRIAGE IN KOREA


naturalization
관리자  (Homepage)
2016-04-28 13:38:40, 조회 : 264, 추천 : 35

1. Preface
○ We investigate foreign spouses who applied naturalization, because disguised
marriages sometimes cause social problems and bona fide Korean national
falls victim to fake marriage
○ It takes long time for naturalization applicants to be given the final answer,
because once the nationality is given, it can hardly be deprived. Therefore, it
is handled with proper discretion
2. The Precess of naturalization by marriage
Application, field investigation Local immigration Nationality&Refugee division
of Justice Ministry
Screening N&R division
Decision of permit or reject N&R division
Informing to applicants, announce through
official gazette
N&R division Ministry of Administration
Family registration Applicant local go'vt(district office)
Abandonment of original nationality Applicant Embassy in Korea applicant
Confirmation of abandonment of original
nationality Applicant immigration applicant
Korean resident registration card issuance Applicant town office applicant
Hand in alien registration card Applicant immigration
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3. Acquisition of nationality by foreign spouse
A. Foreign spouse married to Korean prior to Jun,14,1998
○ Foreign wife : automatically given Korean nationality at the same time as she
was married and can be enrolled on husband's family register
○ Foreign husband : given Korean nationality on the condition that the Ministry
gives approval
B. Foreign spouse married to Korean posterior to Jun,14,1998
○ Regardless of sex, either side can be granted Korean nationality if one is
qualified to the 'simple naturalization' requisite, stipulated in the article 6 of
Naturalization act
"Simple naturalization" requisite, stipulated in the article 6 of Naturalization act
Foreign spouse must be married to a Korean spouse and live in Korea for over
two years ; or be married to a Korean spouse for over three years and stay in
Korea continuously for over a year.
Foreigners must be an adult on the basis of Korean Civil law
Must act civil
Must be able to make a living by property or craft of one's own, or by help of
other family members who live under the same roof
Must have essential knowledge such as Korean language, and Korean tradition
In principle, the foreign spouse is exempt from taking the written test. If you
apply for naturalization at the Justice Ministry(Division of Nationality &
Refugee), you will undergo an investigation by immigration officers about
your actual condition of sojourning and eligibility inspection as well. And then
you will be notified of approval or rejection
4. Required documents (simple naturalization by marriage)
○ Naturalization application form (available at the Ministry of Justice's Division of
Nationality & Refugee or local immigration offices and immigration's web site(
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http://immigration.go.kr http://seoul.immigration.go.kr )
- Application should be submitted only following local offices : Seoul, Busan,
Daegu, Gwangju, Daejeon, Masan, Chuncheon and Jeju immigration
○ Statement
○ Passport, alien registration card
○ Fees and 3 color photos
○ Copies of spouse's family registration(indicating fact of marriage) and resident
registration
○ Letter of guarantee
○ Documents proving financial ability(Select one among following documents
indicating financial ability equivalent to ₩30 million) :
- certificate of bank account under the name of applicant or applicant's family
members
- copy of real estate registration
- copy of house lease contract
- certificate of employment of applicant or applicant's spouse
- If the above-mentioned documents of finance are not available, financial
guaranty by a Korean national can be submitted instead
○ Other materials such as pictures, letters, which could be help in supporting
the evidence of real marriage
And additional documents could be required by Immigration without prior notice
5. Notice
○ When apply for naturalization in the immigration office, you need to
accompany Korean spouse to show that you are in normal state of
marriage. However, if there is any inevitable reasons, you could visit alone
with an ID card of the spouse
○ The burden of proof of the inevitable situation lie with applicant (e.g.
certificate of hospitalization)
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6. The subsequent procedure
○ After application is submitted, if change occur, such as address, phone
number, etc, you must inform those to the Justice Ministry's naturalization
and refugee department (tel: 031-478-5027~8. location: Pyeongchon-dong in
Anyang city). Otherwise it will cause serious harm to the process
○ In ordinary cases, immigration officers visit the applicant's home or
surroundings. But in the case that there are child(ren) between the applicant
and spouse, the field inspection can be omitted.
○ Following the field inspection, the applicants will be given the message from
the Justice Ministry's naturalization and refugee department to undergo
interview procedure. Interview is done in the naturalization and refugee
department(Pyeongchon-dong in Anyang city)
7. After acquiring permission of naturalization
Even you are given notification of permit to naturalization, the procedure is not finished.
Nor is Korean resident card automatically issued. Therefore, in order to exercise rights
to the fullest as a Korean, you should undergo the procedures as below :
A. Report of family registration
- Within a month of receiving notification of permission to naturalization, you
must hand in the 5 copies of the notification to family registration
department of local government office (city, district office)
B. Renunciation of foreigner's original nationality
- You should immediately notify the foreign embassy in Korea on renunciation
of your original nationality, and be issued a "foreign nationality renunciation
certificate
- If you do not perform renunciation of nationality within six months after the
date of notification of naturalization, you automatically lose your newly-gained
Korean nationality
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C. Confirmation of renunciation of foreign nationality
- You must visit the local immigration office and submit your "foreign
nationality renunciation certificate", copy of family registration, and
naturalization permission notification. You will then be issued by
immigration office a written confirmation of foreign nationality renunciation
- However, if you do not give up your original nationality within six months
due to unavoidable circumstances, you must be issued by immigration
office a written confirmation on reserve about foreign nationality renunciation
- In such a case, reservation period is given shorter than 2 years
D. Application for Korean resident registration card (i.e. Korean ID card)
- You must bring naturalization permission notification, a copy of family
registration and written confirmation of your foreign nationality renunciation
to your local town office (i.e. Dong-samuso), report resident registration and
apply for issuance of Korean resident registration card
E. Return alien registration card
- The alien registration card should be returnd to the local immigration office.
When you visit immigration, you need to bring your naturalization permission
notification, a copy of family registration, Korean resident registration card
and alien registration card. This is the final stepl of the entire procedure.
Until you finally return your alien registration card to immigration office as a sign
of completing the whole process, you should extend your visa in the immigration
like ordinary foreigners


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세금과 법률
세금과 법률, 부동산경매, 토지수용, 이민(TAX & LAW, REAL ESTATE, IMMIGRATION)
변호사 이재욱(한국, 미국)
우)06653
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email: jawala.lee@gmail.com
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세금과 법률, 부동산경매, 토지수용, 이민
(TAX & LAW, REAL ESTATE, IMMIGRATION)

TAX & LAW, ART DEALING, IMMIGRATION
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email: jawala.lee@gmail.com
우)06653
Suite 412, Banpo-daero 14-gil 30, Seocho-gu, Seoul, Korea, 06653