Wednesday, July 25, 2007
(This is an unofficial translation and provided for reference only.) ■ Objective Previously, Korean males holding dual nationality, due to birth or for other reasons, had to choose between the two nationalities before the age of 17 prior to being classified for “first military service.” After the age of 18, they cannot relinquish their ROK nationality unless they finish their military service or are exempted from it. And when the time comes, it is usually the parents or grandparents who make the decision on nationality without consulting the minor. In countries in which minors become adults on their 18th birthday, dual nationals independently choose one or the other nationality at the age of 18. Thus, the purpose of this amendment is to encourage dual nationality-holders to independently decide on their nationality, by extending the deadline for decision-making until after they reach the age of 18. Recently, an increasing number of Korean women are choosing to give birth in countries granting automatic citizenship to those born there. This trend has caused problems: some dual nationals use their status to avoid military service, which harms Korean national pride. Some pregnant women even seek illegal means to give birth in these countries. Thus, the purpose of this amendment is to allow those who became dual nationals at birth because their parents were in another country temporarily to apply to relinquish their ROK nationality only after completing military service in Korea. ■ Main points 1. Dual nationals subject to their first military service may choose one or the other nationality within three months after being placed on the first military service list(Paragraph 1 of Article 12). 2. Dual nationals who were born during their parents’ stay in foreign countries may apply to renounce their ROK nationality after completing active military service, reserves or auxiliary service, second military service or upon exemption from military service (Paragraph 3 of Article 12).
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Korean citizenship still hard to obtain

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» Foreigners filing requests for Korean citizenship at a naturalization office
A 37-year-old Iranian has feet frustrated lately, because his two-year effort to get a Korean passport has made little progress. He says he has contacted the Korea immigration bureau on many occasions only to be told he needs to "wait and see."
He came here 14 years ago and married a Korean woman, meaning he should have no problem in acquiring citizenship. "I think if I get citizenship I will be treated equally with other South Koreans at work," he said. "I didn't know it would be so tough to get it."
Park Jang-myeon, a 55-year-old ethnic Korean who came from China, filed a request to get South Korean nationality. He thought that it would be easy since his mother was South Korean herself but it was one and a half years before he finally got a chance to have a citizenship test at the Justice Ministry. Unfortunately, he failed the test last January and now waits for another chance, not knowing when that will be. He said the ministry informed him of the last test date only a week ahead of time.
There are four ways for foreigners to become South Korean citizens. First, persons over 20 years old who have resided in Korea for over 5 years and are economically independent may take government tests, including a Korean language exam. Second, in case of ethnic Koreans living overseas, at least one of their parents should re-obtain or "restore" South Korean nationality before their sons or daughters can take a qualification test. Third, those who get married to a Korean and live here for more than two years can become naturalized without taking any tests at all. Finally, those who make "special contributions" to Korea may be granted citizenship.
However, the reality is not as easy as it sounds. It usually takes 1-2 years to get citizenshp after an elligible foreigner filed an application. Currently around 45,000 foreigners are waiting in line to be Koreans.
On March 23, an office of the Justice Ministry in Pyeongchon, Gyeonggi Province was flooded with foreign residents demanding to know whether their requests for naturalization were accepted.
Ryu Yeong-nam, a 73-year-old female who came from China, said, "I came here to confirm myself where my request stands since the ministry has not contacted me." The only answer that he got was "there are too many people waiting and so wait some more."
They are wondering why it takes so long to get naturalized. But the reason is simple: Too many people want to become South Korean, but there are too few officials to handle their applications.
The number of citizenship applications stood at 50,000 in 2005, compared with 24,000 in 2002. But there are only 8 people in the Justice Ministry who work in the naturalization office, and only five of them are fully assigned to the job. They have to deal with around 400 applications a week while every week sees an additional 600 cases.
Considering the heavy workload, it is no wonder applicants complain about poor quality of administrative services. The Hankyreh, called 20 times over a period of four days to reach the naturalization information office but got nowhere.
Cha Gyu-geun, a Justice Ministry official working in the naturalization department, said the inconvenience is inevitable due to lack of staff and the ministry is currently in talks with related government agencies to raise the number of needed staff.
Please direct questions or comments to [englishhani@hani.co.kr]
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How to get a permanent residency ?
Eligibility for Permanent Residency

The following persons are eligible to apply for permanent residency

Those who are adults by Korea's civil law and have stayed in Korea with F-2 Status for more than five years ,and ① have financial capacity to support themselves and their family ② have attainments such as being well-behaved and understanding Korean traditions enough to stay permanently in Korea, or

Those who have invested more than 500,000 USD in Korea and have stayed in Korea with D-8 Status for more than three years, while contributing to creating employment opportunities for Korean nationals (more than 5 Koreans), or

Those who have invested more than 5,000,000 USD in Korea and whose acquisition of Permanent Residency is deemed proper by the Justice Minister, or

Those who have special contributions to Korea and whose special contributions are recognized by the Justice Minister

Children of the eligible persons are also eligible for Permanent Residency, if they are under the age of 20
Procudures for Permanent Residency

Procudures for Permanent Residency are as follows ;

① Application → ② Interview → ③ Ajudication → ④ Decision

It takes one or two months from Application to Permanent Residency
Benefits from Permanent Residency

Holders of Permanent Residency can stay and do business freely in Korea

Holders of Permanent Residency are exempt from most of the obligations and restrictions imposed on foreigners in Immigration matters

Holders of Permanent Residency don't have to apply for a Re-Entry permit if they want to leave Korea temporarily and return to Korea in a year.
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International Marriage and Naturalization
1) International MarriageThis refers to marriage between Korean and foreign nationals. Whether the wedding ceremony is held in Korea or in a foreign country, couples should have documented proof of marriage.Both parties must have documentation about their families, because they must prove they are not already married. For Koreans, this means a copy of the Korean person's family register (hojeok). The foreign national will have to provide similar proof.Witnesses are required. Two Korean nationals must sign saying the marriage between the wedding couple is true.Having prepared the above documentation, go to the district office (gucheong) responsible for the address where the Korean national lives. You will be legally married under Korean law within three to four days. Documents in foreign languages must be translated into Korean.2) Naturalization ProcessThe following explains the process by which a foreign national married to a Korean national acquires a visa for a long-term sojourn in Korea and Korean citizenship.
Once married on an F-1 visa (the visa for visiting and joining family), the foreign national may apply for an F-2 visa which grants a right to sojourn of up to 90 days. This visa may be extended every one or two years, depending on the visa applicant’s personal circumstances. In addition, F-2 visa holders are permitted to seek employment. To obtain an F-2 visa, the applicant must tender a visa application, any official proof of the applicant’s relationship to the Korean national (marriage certificate, family registry), and a notarized copy of the Korean spouse’s personal guarantee.
Foreign nationals married to Korean nationals are eligible to apply for Korean citizenship if they have lived in Korea for two years after marriage or have been married for longer than three years and lived in Korea for at least one year.The foreign national may be required to take a citizenship exam, although in some cases, he/she may be exempted.
3) Citizenship of ChildrenIn accordance with the revised Nationality Law, children may acquire Korean citizenship even if only one parent is a Korean citizen. However, even if it is difficult to choose citizenships at an early age, the child must choose one before the age of 18. Even if the father does not have Korean citizenship, the child faces no problems in receiving educational and health insurance benefits.4) Reporting Marriage and BirthReports must be filed with the relevant Immigration Office if the Korean national in an international marriage acquires foreign citizenship based on the citizenship of the foreign national spouse, or if a child is born to foreign national parents, or in case of death of any foreign national.(1) Time to Submit Report and Documents to PrepareReport of Birth: Report within 30 days of birth, using parent's passport, birth certificate, fee of \4O,000.Report of Death: Report within 14 days of death, using Alien Registration Card, death certificate, fee of \40,000.Marriage: Bring passport, Alien Registration Card, written description stating reason for submitting report, fee of \40,000.(2) Things to RememberDocuments required vary according to status of sojourn. You should call first before going to submit report.