A while ago, I received a call from a Canadian national who is a foreign student. This student came to Korea as an exchange student from Canada and initially applied for a D-2-6 visa (Exchange Student Visa). However, there was a misunderstanding about the jurisdiction of the immigration office, leading to the application being rejected. When trying to reapply, the available dates for appointments were always fully booked. Since it was crucial to apply within the designated timeframe to secure admission to the school, the student reached out to me for assistance.
Upon receiving the request, I checked and prepared the necessary documents. Utilizing the public service center, I submitted the application without the need for an appointment. Considering that the student was a Canadian national and the university was Ewha Womans University, I assumed that there wouldn't be any major issues and focused on confirming the date to receive the application confirmation.
※ when foreign students apply for a D-2 visa, the immigration office doesn't require the same documents from all schools.
Each school's requirements for visa applications are evaluated based on a grading system. Naturally, students from different schools are treated differently based on factors such as attendance, engagement in coursework, and adherence to visa regulations. Some students might evade classes, engage in illegal work, while others diligently pursue their academic goals. It's clear that such students can't be treated uniformly.
For instance, prestigious universities like Ewha Womans University, along with Seoul National University, Yonsei University, Sogang University, and Chung-Ang University, have an acceptance rate of less than 1%, making them highly regarded by immigration authorities. Ewha Womans University, in particular, is considered one of the top-tier institutions in terms of visa-related benefits. Additionally, when applying for a D-2 visa, this university exempts students from submitting proof of financial means (though it can be requested during immigration inspections if deemed necessary).
In my opinion, universities carefully assess various qualification criteria, including the student's financial situation, when granting admission. As a result, immigration authorities consider such universities trustworthy and grant benefits accordingly.
※ requirements for D-2 visa applications can also vary depending on the student's home country.
While I thought that the approval process would proceed smoothly, I received a call from the responsible immigration officer. They requested certain documents via email to verify the student's status. I immediately informed the student about the request and sent the required documents to the officer's email.
The requested documents pertained to the student's family background, aimed at verifying their status. While I questioned the necessity of such documents for a student with no issues, I understood that immigration authorities reserve the right to request supplementary documents when needed to ensure a smooth visa issuance process. Consequently, I promptly submitted the requested documents.
A few days later, I received another call. The immigration officer informed me that the student has dual citizenship. The immigration office had checked and discovered that the student's birth had been registered in Korea. They advised the student to visit the office for further consultation regarding their citizenship status. This surprised the student, who, despite the shock, seemed to show a hint of excitement.
I discussed the situation with the student, presenting the two options: maintaining dual citizenship or renouncing Korean citizenship due to their age (20 years old). The student decided to maintain dual citizenship after discussing the matter with their mother and uncle. The student then asked me about the status of their D-2 visa and whether they needed to attend school without any issues. I reassured them, saying,
"Since you are a Korean citizen attending a Korean university, you already have permission to be in the country. If the university approved your admission, you can simply attend classes."
The student was overjoyed and made appointments.
Because the student's Korean language skills were limited, I accompanied them to the immigration office to apply for the necessary documents for citizenship and to submit the required paperwork for the visa.
During this process, we discovered that the student already had a Korean Resident Registration Number. This detail came as a surprise, as the student's father had reported their birth to the authorities. However, due to the divorce between the student's parents and the lack of communication, neither the student nor their mother were aware of this information.
Furthermore, after applying for and receiving the Resident Registration Number, I explained to the student, "This confirmation document serves as a temporary identification card. It's equivalent to the Resident Registration Card. You can use this until your official Resident Registration Card is issued." The student was elated and exclaimed, "So, did I get a KOREAN ID CARD?" while joyfully taking pictures in front of the immigration office and sharing the moment with those around them.
After obtaining all the necessary documents, we proceeded to the immigration office together to declare the intention to maintain dual citizenship. To do so, the student needed to write a declaration of dual citizenship and formally announce their choice.
First, please have a look at the criteria for dual citizenship targets below ↓
Let's explore the subjects and required documents when a dual citizen submits a declaration of citizenship selection.
Citizenship Selection Declaration
◆ Selecting South Korean citizenship and renouncing foreign citizenship
○ The obligation period for citizenship selection is counted from birth
(1) Women until they reach the age of 22.
(2) Men within 2 years after fulfilling military service obligations (including exemption, alternative service, etc.)
○ If the obligation period for citizenship selection has passed, the individual may receive a citizenship selection order.
※ The obligation period for citizenship selection is significant in that it determines when a citizenship selection order will be issued. Even after this period, one can still declare citizenship selection (renouncing foreign citizenship) or apply for citizenship loss (except for renunciation of foreign citizenship pledge).
◆ Selecting South Korean citizenship and making a foreign citizenship failure pledge
○ Before both men and women turn 22 years old, if they choose South Korean citizenship, they can make a foreign citizenship failure pledge instead of renouncing foreign citizenship.
○ Even if a man has turned 22, if he completes his military service (excluding exemptions) as active duty or reserve duty, he has an additional opportunity to make a foreign citizenship failure pledge for a period of 2 years (within 2 years after completing military service).
○ However, even for the above cases, children born abroad through childbirth tourism are not eligible for the pledge.
◆ Definition of Childbirth Tourism
- Refers to a person born abroad while a parent, who has established a living base in the country, travels abroad with the purpose of giving birth to a child and acquiring foreign nationality during their stay abroad.
※ Children born abroad who the mother departure before pregnancy, regardless of the intention, are not considered childbirth tourism
◆Exclusions from Childbirth Tourism Among Those Who Left the Country After Pregnancy
1. Individuals who have continuously resided overseas for a total of more than 2 years before and after the child's birth.
※ Calculation of residence period: For a total stay in Korea of more than 30 days and less than 90 days in a year, those days are deducted. If it is more than 90 days, it is considered continuous residence overseas.
2. Individuals who have acquired permanent residency or nationality of a foreign country before and after the child's birth.
3.Individuals who have enrolled in a foreign regular university and studied for more than 6 months (1 year for other educational institutions) before and after the child's birth.
4. Individuals who have worked for a domestic company or organization for more than 1 year and have been dispatched (assigned) to a foreign branch or location for more than 6 months before and after the child's birth.
5. Individuals who, as per the National Civil Service Act and the Local Public Officials Act, were dispatched for official duties abroad as civil servants and have worked for more than 6 months before and after the child's birth.
6. Individuals who have been employed by a foreign-based company or organization and have worked for more than 1 year before and after the child's birth (including individuals engaged in self-employment for more than 1 year abroad)
Documents to Submit When Declaring Citizenship Selection
① Citizenship selection declaration form (Attachment No. 7), attach 1 photo (3.5cm×4.5cm), and provide contact information for 2 or more places.
② Identification card (resident registration card, etc.).
③ Proof of dual citizenship (All the following documents are required, submitted as a 'Detailed Certificate' issued within the past 3 months)
- Birth certificate of the declarant (only government-issued originals are accepted), original and copy of foreign passport, basic certificate, family relationship certificate.
- Basic certificate of parents (or certified copy of archived family register).
④ Documents related to military service (only applicable individuals need to submit)
- Military service certificate or copy of resident registration.
⑤ Proof of foreign citizenship renunciation (loss) or pledge not to exercise foreign nationality(Attachment No. 5-2).
⑥ additional documents for individuals subject to pledge not to exercise foreign nationality
① In the case of mothers who became pregnant after establishing a living base abroad, a birth certificate (included in the basic documents).
② Documents proving that either the father or mother meets any of the following criteria before and after the child's birth, proving that it is not childbirth tourism:
(Proving that it is not overseas childbirth)
-(Excluding cases that can be confirmed by ICRM 2019 for stays of more than 2 years in a foreign country)
- Permanent residence or nationality acquired in a foreign country.
- Studied at a foreign regular university for more than 6 months (1 year for other educational institutions) before and after the child's birth. (Example: Degree certificate, completion certificate, academic transcript, tuition payment certificate, etc.)
- Worked abroad for more than 6 months.
(Example: Dispatch order, certificate of employment from domestic headquarters, copy of permit for establishing foreign branch or liaison office, certificate of annual taxation abroad, etc.)
- Engaged in official duties abroad for more than 6 months.
- Worked (engaged in self-employment) abroad for more than 1 year. (Example: Employment certificate, documents equivalent to domestic corporate registry or business registration for a corporation, certificate of annual taxation, etc.)
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