Marriage Immigration

Marriage immigration generally refers to the residence status procedure through which a foreign national who marries a Korean national, or a foreign national residing in Korea, may stay in the Republic of Korea.

Korea provides for marriage immigration in the Immigration Act, the Nationality Act, the Act on Registration of Family Relations, and other statutes.

As multicultural members of Korean society, marriage immigrants often aim to acquire Republic of Korea nationality and go through various legal procedures, including extension of residence status, application for permanent residence, and naturalization.

Under the Immigration Act, among long-term residence statuses, the marriage migrant visa (F-6) is a representative residence status issued to foreign nationals who have married a Korean citizen.

The requirements for issuance include whether a genuine marital relationship is maintained, as well as economic capacity, housing requirements, and proof of the marriage.

A person who holds marriage migrant status faces no restrictions on job-seeking or employment, and after residing for two years or more, may also apply to change to permanent residence status.

However, to prevent sham marriages entered into solely for immigration purposes, the review has been strengthened, and where the marriage is a remarriage rather than a first marriage, or where the age gap is excessively large or the period of acquaintance beforehand was short, the submission of additional documents and an in-depth interview may be required.

Even after the visa is issued, the genuineness of the marital life must continue to be maintained.

If the marital relationship breaks down or a sham marriage is discovered, extension of the visa may be denied or the residence status may be revoked.

The immigration authorities review the following matters with respect to the foreign national who applies for a marriage immigration visa and the sponsor.

• The circumstances of the relationship and the intention to marry
• Whether the marriage is established under the laws of the relevant country
• Whether the sponsor has sponsored a marriage immigration within the past 5 years
• The sponsor's income requirement
• Mutual provision of health status and criminal record information
• The foreign spouse's Korean-language proficiency at or above a basic level
• Whether the couple has secured normal living space

A foreign national who has acquired status through marriage immigration may, two years after marriage, undergo naturalization procedures and acquire Republic of Korea nationality.

If the person wishes to retain their own nationality, a change of status of stay to a permanent residence (F-5) status, which is close to the status of a national of the Republic of Korea, is also possible.

Permanent residence status may be restricted, however, in the following cases.

1. Where, after a sentence of imprisonment or heavier for a violation of the Immigration Act or similar laws, five years have not passed since the completion or remission of its execution
2. Where, after a suspended sentence of imprisonment or heavier for a violation of the Immigration Act or similar laws, five years have not passed
3. Where, after a fine was imposed and paid for a violation of the Immigration Act or similar laws, three years have not passed
4. Where five years have not passed from the date of entry without a visa or in violation of entry inspection
5. Three or more violations of the Immigration Act within the last five years
6. Where seven years have not passed since departure following an order of compulsory deportation
7. Where five years have not passed since departure following an order to depart

Where a dispute related to marriage immigration arises, such as a change of residence status, a defense against revocation of naturalization, or an international divorce due to the disappearance of a foreign spouse, the following supporting documents should be prepared in order to obtain various forms of assistance.

• Keeping contracts and supporting documents
  Retain documents proving the marital relationship, the residential lease agreement, records of domestic violence reports, medical certificates, and police statement records.
• Checking the residence extension date
  Check the visa expiration date to prevent unlawful stay.
• Using language support and interpretation
  Use interpretation services from a multicultural support center, including accompaniment by an interpreter.
• Legal advice from an attorney
  Confirm responses tailored to each situation through a legal professional or an immigration attorney.

Marriage immigrants are important members of Korean society.

The legal requirements involved in obtaining residence status and acquiring nationality in Korea are not always simple, however.

In particular, where exceptional circumstances arise, such as a foreign spouse falling into an unlawful stay situation or the marital relationship breaking down due to the disappearance of a spouse, it may be difficult for an individual to resolve the matter alone.

In such a case, it is advisable to seek the advice of a legal professional as promptly as possible.

This firm accepts consultation requests on weekends and public holidays, and it has established branch offices nationwide, where attorneys in each field, such as divorce attorneys and immigration attorneys, conduct consultations. If a problem related to marriage immigration arises, you may leave a consultation request at any time.