There are many visas for foreigners to stay in Korea. Just as a work visa requires meeting certain conditions and demonstrating the necessity of employing foreigners, the marriage visa we will introduce today also requires meeting basic conditions and proving the sincerity of the marriage. Today, we will guide you through the overall matters to effectively obtain a marriage visa.
There may be slight differences in the preparation for the marriage visa depending on the nationality of the foreign spouse and the individual's situation. In order to apply for a marriage visa in Korea, you must be registered for marriage in Korea. Both parties must prove that they are unmarried to register their marriage. If there is no specific order for registering a marriage, it does not matter which country registers the marriage first, but according to the agreement between countries, in some cases, a marriage must be registered in the foreign spouse's country before registering a marriage in Korea, and in other cases, it does not.
The process of applying for a marriage visa, the documents required, and the time it takes vary depending on the nationality of the foreign spouse, whether or not they are married, whether they currently live in Korea or abroad, and whether they have a history of illegal stay or crime, so you should prepare according to the situation. For example, in the case of Vietnam, a marriage eligibility certificate must be obtained from the Vietnamese Embassy in Korea, and in the case of Nepal and Cambodia, the marriage registration must take place in Cambodia and Nepal first.
F-6 Visa Application Target
(1) If you want to stay in Korea for more than 91 days for the purpose of living together with a Korean national after marriage registration, you can issue a marriage visa. In addition, (2) If the marriage is severed without the fault of the foreign spouse due to the death or disappearance of the spouse during the marriage with a Korean national, or (3) After examination, visas are issued to those who want to raise or raise minor children born in a marriage relationship with a Korean national.
Visa issuance is a (principle) at overseas missions, but domestic visa changes are also (exceptionally) possible
Applying at an overseas mission is a principle, but if a foreign spouse has a legal visa and is on a long-term stay in Korea or is pregnant, giving birth, or has a humanitarian reason that makes it inevitable to change their visa in Korea, the change of status to a marriage visa is allowed in Korea.
If a foreign spouse is an illegal resident, they can register a marriage, but the foreign spouse must undergo a criminal background check, pay a fine according to the period of illegal stay, leave the country, and receive a visa from an overseas mission before entering the country. Even in this case, if there are humanitarian reasons such as pregnancy or childbirth that make it impossible to continue staying in Korea, a domestic visa change is allowed.
F-6 Common Requirements
There are common requirements for the F-6 marriage visa, such as whether the foreign spouse and Korean national have a shared language for communication, whether they have suitable housing and a minimum income requirement, and whether the marriage is genuine.
These requirements need to be proven through documentation, and the authorities will focus on determining whether the foreign spouse is applying for the visa simply to stay in Korea or genuinely intends to maintain a married life with their Korean partner.
Since sham marriages continue to be an issue, officials conducting the review process must be thorough. Even if a couple is genuinely in love, if the income, housing, and communication requirements are not met, it is difficult to regard the marriage as genuine.
F-6 Income Requirement
For the income requirement, the applicant must provide proof of income earned in Korea for the past year, as of the application date. The income standard varies depending on the number of family members living together with the Korean spouse (excluding siblings). As of 2022, the standard for a two-person household is KRW 19,560,510 (based on the previous year's income certificate issued by the National Tax Service).
The required documents may vary depending on the type of income, such as employment income, business income, real estate rental income, interest income, or dividend income. If the income requirement is not met, assets such as deposits, insurance, and bonds can be used as proof. However, it will be challenging to obtain a visa without meeting the income requirement.
F-6 Communication Requirement
If the Korean spouse (inviter) has continuously resided in a country where the foreign spouse's language is the official language for at least one year, or if both the inviter and the foreign spouse have continuously resided in a country where their shared language is the official language for at least one year, they can provide documentation to fulfill the communication requirement. In other words, proof can be provided in various ways, such as through Korean, the foreign spouse's language, or a third-country language. The communication requirement is waived if the foreign spouse is 20 weeks pregnant or has a child, or if the foreign spouse has previously resided in Korea under a marriage immigrant status.
Residence Requirement
For residence, applicants need to prepare a property registration certificate if they own the residence, or a lease agreement along with the property registration certificate if they rent. A residence owned by the applicant or a family member (immediate family or sibling) is also acceptable. Generally, third-party ownership is not recognized, but exceptions can be made for company-provided housing or other situations deemed socially acceptable. Shared living spaces like boarding houses, motels, or vinyl houses are not considered suitable for a married couple to reside together continuously.
Genuineness of Marriage
Applicants must provide evidence of their relationship with their spouse, such as social media photos, dating photos, wedding photos, home photos, and call records. If they met through a marriage agency or were introduced by a mutual acquaintance, a copy of the agency's registration certificate or the introducer's ID is required. If the genuineness of the marriage is not sufficiently demonstrated, unannounced investigations may be conducted, visa issuance may be denied, or the processing time may be significantly extended.
Since the procedures and required documents for a marriage visa can vary depending on the individual, it is advisable to seek professional help and prepare according to your specific situation. If the visa is denied, reapplication is possible after six months, but the previously prepared documents may have expired, requiring you to start the process over. The reevaluation process may be even more stringent, so it is best to obtain approval on the first attempt.
Please feel free to contact us if you have any questions or difficulties preparing for marriage registration and
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