A Myanmar national holding an E7 visa, referred to as A, requested a consultation.
Due to the severe civil unrest in their homeland, there was a widespread rumor that passport renewal would be impossible for both men and women who do not fulfill their military service obligations, causing A to worry about how to extend their visa in Korea should their passport renewal be denied. While these were merely rumors with no confirmed facts, A's concerns were understandable.
A visited our office with a Korean woman named B, who calls A her daughter.
(They met at the same church and formed a bond, and although B did not legally adopt A in terms of family registration, she treated A as her own daughter, and they lived together.)
Given the unstable situation in their homeland, A (the E7 visa holder) inquired about how to quickly obtain F5 permanent residency under their current circumstances.
Since A graduated from a domestic university with a bachelor's degree in a non-STEM field, the only applicable qualification for permanent residency was the general permanent residency F-5-1 (continuous residence in Korea for over 5 years).
However, at the moment, A did not meet the income requirement of more than twice the GNI, and preparing for the uncertain future seemed to take a long time.
I suggested to B,
"How about legally adopting her since you call her your daughter?" If B legally adopts adult A, A could apply for naturalization by notification after the adoption, and if A passes the comprehensive evaluation of the Social Integration Program and the naturalization interview, she could acquire South Korean nationality.
※ A had already completed up to level 5 of the Social Integration Program.
B was pleasantly surprised to learn of this option and readily agreed, but A hesitated, worried about possibly burdening B. A few days later, A called and decided to proceed with the adoption.
Today, let's discuss the adoption of adult foreigners and simplified naturalization
Adopting an adult foreigner is actually simpler than adopting a minor foreigner.
For the adoption of a minor foreigner, you need permission from the family court to register the adoption.
To get this permission, you must submit an adoption petition to the family court, including the biological parents' consent to the adoption and documents verifying the adoptive parents' suitability, along with evidence of the adoption's genuineness.
Additionally, the court might conduct investigations to check the adoptive parents' financial stability and readiness for adoption if deemed necessary based on the submitted documents. Adoption-related mandatory education might also be required, and in some cases, approval from the minor adoptee's home country is necessary.
For more information on the procedures and required documents for adopting a minor foreigner, see the link below ↓
In contrast, adopting an adult foreigner only requires registration at the municipal office without the need for family court approval.
For the adoption registration, you must submit an adoption report form, the biological parents' consent to the adoption (including the spouse's consent if applicable), and documents related to the foreigner's identity (copy of passport, national ID from home country, birth certificate, family relationship certificate, certificate of singleness, etc.).
※ For documents issued overseas, notarized translations are mandatory, and they must be authenticated by the issuing country's Ministry of Foreign Affairs.
※ The required documents may vary slightly depending on the local government unit and specific circumstances (e.g., whether the foreign biological parents are deceased, whether there is a spouse, etc.).
※ If it's impossible to obtain the biological parents' consent due to death or disappearance, you can submit official documents from the respective country proving such circumstances. However, if the biological parents refuse consent without a valid reason, you must file for an adoption decision to obtain permission from the family court.
There's a common misunderstanding that adoption automatically grants Korean nationality to the adoptee. However, adoption and the foreigner's residence status in Korea are completely separate matters. Being adopted by a Korean does not affect the foreigner's residence qualification.
However, if the foreigner resides in Korea for more than 3 years from the date of adoption (continuously staying in the country) and meets other requirements (good conduct, financial stability, etc.), they can apply for simplified naturalization at the jurisdictional Immigration and Nationality Office.
※ The 3-year period starts from the date of foreign registration after adoption.
Here is the list of documents that must be submitted when applying for simplified naturalization for an adopted foreign adult
list of documents to apply for simplified naturalization ( adult foreign when adoption, reside more than 3 years)
① Application for naturalization permission, passport photo attached, fee of 300,000 KRW
② Documents proving foreign nationality
- Original and copy of passport
- Foreign registration card or domestic residence report certificate
- For ethnic Koreans from China: copy of Chinese resident ID and household register (originals to be presented)
③ Criminal record certificate from overseas (issued within the last 6 months) ※ Notarized translation and consular or Apostille verification required
④ Proof of financial stability
- Documents proving financial assets of at least 30 million KRW (e.g., savings, fixed deposits, securities)
- Proof of real estate ownership valued above a certain amount based on actual transaction value or bank-published market price, or a real estate registration certificate indicating a public land value of at least 30 million KRW, or a copy of a real estate lease contract with a deposit of at least 30 million KRW
- Employment certificate (including a copy of the business registration certificate of the employer) or a certificate of expected employment (salary details etc. to be verified during review)
※ Self-employed individuals must submit a copy of their business registration certificate and lease contract of the business place or a property registration certificate in their or their family member's name, among other documents to verify income.
⑤ Documents required for family relationship registration
- Handwritten family relationship notification form
- Documents proving the status regarding parents, spouse, children, marriage, or singleness, adoption, etc.
* For China, a kinship legalization certificate authenticated by the Chinese Ministry of Foreign Affairs
* In case of death of father or mother, a death certificate or a government-issued certificate from each country stating the death (for China, a kinship legalization certificate with 'deceased' noted)
- For ethnic Koreans, an official document from the People's Republic of China proving Korean ethnicity if the name is to be registered in Korean pronunciation instead of the original
- If specifying a new date of birth, certificates issued by the embassy or consulate of the original nationality country or related documents to prove the date of birth
⑥ Documents proving the fact of adoption by the Korean adoptive father or mother (detailed certificate issued within the last 3 months)
- Basic certificate, family relationship certificate, adoption relationship certificate, marriage relationship certificate, resident registration abstract, copy of resident registration card
⑦ Adoption circumstances explanation (detailed explanation written and signed by the adoptive father or mother)
※ The eligibility for naturalization is divided into the comprehensive evaluation of the Social Integration Program and the naturalization interview, and applicants must take the comprehensive evaluation within 1 year from the application date.
Comments