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Start →3-1. I'm a Korean married to a Chinese woman. She arrived in Korea with F-2-1 status on 20th January 2005 and we are living together now. When can my wife apply for a naturalization? ○ According to the article 6 of the Korean Nationality Act, to acquire a Korean nationality, a foreign spouse of a Korean national must have a residence in Korea for a minimum period of 2 years continuously. "To have a residence in Korea for a minimum period of 2 years continuously" implies the period that 98 ѪИҙԴۓڐĶěνԐИՙ 4FPVM*NNJHSBUJPO0GGJDF he/she stays in Korea without departing, so it does not include a period staying outside Korea. Therefore, your wife may apply for naturalization after 2007.1.20. and it will take 6 months to 2 years before the whole process of naturalization complete ○ For documentation requirements and procedures for a naturalization, please contact the Division of Nationality & Refugee (Tel: 031-478-5027~8) 3-2 . I got married to a Chinese on 2004.1.10. and she arrived in Korea on 2004.5.10. with F-2-1 visa to live with me. I got the dispatch order from my company to work at the branch Office in China from 2005.7.1. to 2005.12.31. My wife is leaving for China to stay with me. In this case, when is my wife able to acquire a Korean nationality and dose she need to obtain a new visa when she re-enters Korea ? ○ For the foreign spouses married to a Korean to acquire a Korean nationality, the following conditions are essential ; ① to have a residence in Korea for more than 2 years continuously while still married, ② a lapse of 3 years since married and have a residence in Korea more than 1 year while still married (the clause 2 of the article 6 of the Korean Nationality Act) ① "To have a residence in Korea for more than 2 years continuously" implies the period that he/she stays in Korea without departing, so it does not include a period staying outside Korea. - Hence, the 6 months that your wife is staying in China will not be included in the period staying in Korea and your wife is eligible to apply for a naturalization only after 2006.11.10. - In addition, please be advised that if your wife obtains a re-entry permit at a competent immigration office or immigration offices at ports or airports before departing from Korea, she may re-enter Korea without obtaining a new visa abroad. Re-entry permit is given only within the period of a stay, so if your wife's visa will be expired during the stay in China, please apply for a permit for the extension of period while in Korea in advance, together with a permit for a re-entry Āঔۋлۙεڦॢܛ०؋Ǵ 99 (VJEFCPPLGPS'PSFJHOTQPVTFTPG,PSFBOOBUJPOBMT 3-3. If a F-2-1 holder, a foreign spouse married to a Korea, departs from Korea temporarily while living in Korea, does it annul a 2-year period of stay in Korea, which is essential for the application of naturalization ? ○ In principle, in the case of departing from Korea, the period of residing in Korea (counted from the date of entry) is discontinued and one should count 2 years from the date of recent re-entry all over again ○ Only, if there are continuity in the domestic residence and routine maintenance before and after leaving Korea, such as a temporary travel after obtaining a re-entry permit and re-entering Korea, it can be regarded as living continuously. The travel period, however, will not be counted in the period of stay in Korea 3-4. I acquired a Korean nationality but mistakenly, did not give up my the other nationality within 6 months from the date I acquired a Korean nationality, which led to lose my Korean nationality. In that case, can I re-acquire a Korean nationality? ○ When you give up your original nationality within 1 year from the date you lost the Korean nationality, you may re-acquire a Korean nationality, if you submit a report form for a Nationality Acquisition to the Minister of Justice 3-5. In the case of a divorce by mutual agreement, can the foreign spouse apply for a naturalization? ○ In the case of a divorce by mutual agreement, the person may not be able to apply for a "Naturalization by Marriage". As per conditions of the "General Naturalization", if he/she has been residing in Korea lawfully for more than 5 years, the person may apply for a "General Naturalization", instead of "Naturalization by Marriage" 100 ѪИҙԴۓڐĶěνԐИՙ 4FPVM*NNJHSBUJPO0GGJDF 3-6. In the case of a divorce by arbitration, can I acquire a Korean nationality? ○ If the written conclusion of arbitration says "a Korean spouse is required to pay money to his/her foreign spouse as a consolation money", it is regarded as the testimony of a Korean spouse's responsibility for the divorce and thus, the foreign spouse is eligible for an application of naturalization 3-7. Can a Korean spouse start a divorce suit against a runaway foreign spouse ? ○ A Korean spouse may bring a divorce suit against a foreign spouse for the reason of runaway or other problems ○ In principle, a divorce suit must be notified to a foreign spouse, but if the foreign spouse's place of residence is unknown due to runaway, etc., it should be notified to him/her in the way of "conveyance by public announcement". After that, all the contents that the Korean spouse claimed could be accepte and the ruling of a divorce could be given ○ A foreign spouse may raise an appeal within 2 weeks from the date he/she learns about the divorce ruling of the court proceeded in the way of conveyance by public announcement, providing documentation reversing the verdict or proving reasons to receive a consolation money from a Korean spouse 3-8. In the case of discontinuance of marriage due to death of a Korean spouse, can the foreign spouse apply for a naturalization? ○ Residence period necessary : If a foreign spouse has a residence in Korea for more than 2 years continuously while still married ,or it has passed 3 years since married and a foreign spouse has been residing in Korea more than 1 year continuously while still married, Āঔۋлۙεڦॢܛ०؋Ǵ 101 (VJEFCPPLGPS'PSFJHOTQPVTFTPG,PSFBOOBUJPOBMT ○ Conditions to be met : While still married to a Korean spouse and have a residence in Korea, the Korean spouse dies or is missing ,OR the foreign spouse is not able to maintain a marriage life with no responsibility for his/her side, OR the foreign spouse is raising a minor-aged child given birth to the Korean spouse and himself/herself by marriage or intends to raise a minor-aged child, after fulling the rest of period, 3-9 . In the case of an adopted foreign child under the age of 18, what does he do if he wishes to acquire a Korean nationality? ○ If he/she was under 18 when adopted, he/she may acquire a Korean nationality by naturalization procedures (Special Naturalization). He/she is eligible to apply for a naturalization right after entry into Korea. ○ If he/she was an adult when adopted, after residing in Korea fore more than 3 years lawfully, the person is eligible for the application of naturalization ← End
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