I think it's important to be familiar with theories, related laws, and guidelines in handling immigration affairs. However, I don't believe that's everything. Sometimes, there are cases that cannot be resolved just by understanding the laws or guidelines, cases that fall outside the usual framework. The case I'm going to introduce today is an example. The client was the parents of a 10-year-old boy and an 8-year-old girl who renounced their dual citizenship by birth. The couple met while studying in the USA, got married there, and had their children.
After their children were born in the USA, they acquired American citizenship, and the family later returned to Korea, enrolling the children in an international school. ※ After the birth of their children, both parents acquired permanent residency. That is, neither parent had permanent residency or citizenship at the time of the children's birth. However, since they met and had children while staying in the USA for over two years for their studies, it does not qualify as birth tourism. Since both children were born with dual citizenship, i.e., they also held South Korean nationality, there had been no issues with them attending an international school until now.
However, the parents, having received incorrect information that renunciation of citizenship might not be processed smoothly as the children grow older, recently made both children (aged 10 and 8) renounce their citizenship, leaving them with only their American nationality.
There was no need to rush the renunciation of dual citizenship for the children. If the parents preferred the children to hold American citizenship, they could have waited for the appropriate time to renounce Korean citizenship (girls before turning 22, and boys around the age of 18 when they are classified as Preliminary Military Services).
For the second daughter, since her birth did not qualify as birth tourism, she could have been allowed to make a nationality selection when the time came, thereby maintaining both American and Korean nationalities through a non-exercise of foreign nationality declaration. It's regrettable that she was made to obtain an F4 visa..
The boy's case was somewhat unique. Renunciation of South Korean nationality by a male requires either parent to have had permanent residency or citizenship at the time of birth, but despite the mother not having either at the time, the renunciation was processed. According to the father, the renunciation was accepted because the boy was born while the parents were transitioning to permanent residency in the USA.
For more detailed information on the selection or renunciation of dual citizenship, please refer to the link below.
Now that it has happened, it can't be reversed. The second daughter has received an F4 visa, so she can continue to live and study in Korea without any issues.
The problem lies with the eldest son.
Having attended school as a South Korean national until now, he suddenly lost his South Korean nationality. He needs to be granted some visa to continue attending school, but with both parents being South Korean citizens, and the boy now a foreigner, there's no guideline for a suitable visa.
※ For males, since the amendment of the Overseas Koreans Act on May 1, 2018, men who renounced or lost their South Korean nationality for the first time after May 1, 2018, without having completed or been exempted from military service, are restricted from being granted the Overseas Korean (F-4) residency status until the age of 40.
※ Qualification change, i.e., visa change, is possible only when holding a visa. Thus, the mentioned case, involving renunciation of nationality while living as a citizen in South Korea, is not a matter of qualification change but of granting qualification.
If at least one parent were a foreigner, it would be simpler since there are visas for minor children of foreigners, such as F3 or F1 visas.
※ Whether a minor child of a foreigner receives an F3 or F1 visa depends on the residency status (visa) of the foreign parent.
And since the child is attending an international school, one might consider the D-4-3 visa, issued to foreign students at high school level or below. However, this applies only to qualification changes and visa issuance, not to qualification granting.
※ Qualification change=visa change: changing visas within South Korea (changing from one visa to another while already holding a visa).
※ Visa issuance: applying for a visa at a South Korean embassy abroad to enter Korea with that visa.
For more information on the D-4-3 visa and required documents, please refer to the link below.
After searching through guidelines and laws, there seems to be no applicable rule. Intellectually, it makes sense why it can't be done, but emotionally, it's hard to accept.
It doesn't make sense that visas can be issued to minor children of foreigners, but not to a minor child of South Korean citizens.
After much consideration, I came to the following conclusion
Option 1: First, gather the necessary documents for a D-4-3 qualification change and visit the immigration office. Then, explain the situation to the officer and ask for a headquarters review to approve the process.
Option 2: If they refuse because there's no applicable guideline, proceed with administrative litigation or a lawsuit.
With the uncertain possibility of whether it would work or not and with the mindset of going to court if necessary, I went to the immigration office with the required documents for a D-4-3 qualification change.
※ I intentionally did not use the agency counter but reserved a visit to the general counter.
※ The agency counter is for administrative agents and allows for immediate application without reservation. However, it's difficult to have long conversations or consultations there because it operates only for a limited time in the morning or afternoon, aiming for quick processing.
After explaining the situation to the responsible officer,
I'm here because the parents are considering giving up their South Korean nationality and becoming foreigners to save their child.
I am seriously considering this.
Even foreign nationals' children are issued visas, but it seems incomprehensible that a child of South Korean nationals cannot be issued one. I believe you, as an officer, might share a similar view on this matter.
I am aware that if it's not in the guidelines, it doesn't apply.
They are seriously considering this. They are willing to go through administrative appeals or lawsuits, doing everything possible, not because they hate the immigration office, but to save their child.
Any parent would do the same to save their child. If there's no applicable guideline, please could you consider a headquarters review?"
After hearing my story, the officer said that it was not something they could handle and asked me to wait
After waiting for a while, the officer returned and said,
"I've talked to the manager, and it will be reviewed. I will contact you, so please go home for today."
On my way back, I contacted the worried parents to explain the situation. A few days later, the immigration officer called,
"We've reviewed the case, and there are no issues with the documents. The nationality renunciation is in order, and the manager has decided to proceed with the D-4-3 qualification grant. However, it will take a few more days due to the headquarters review. Please inform the parents."
After receiving the call, I immediately informed the parents.
The parents thanked me, saying I had saved a family. I replied that I hadn't done much, just told them the truth.