Foreign students studying in South Korea are predominantly from China, Vietnam, Mongolia, and Japan, accounting for over 90% of the total. Among these, Mongolia, being one of the 21 countries with a high incidence of illegal stay as notified by the Ministry of Justice, is one of the countries where it is particularly challenging to obtain a marriage visa.
Mongolian students or exchange students often marry Korean partners they meet in Korea. Today, I will post about the process and required documents for marriage registration with a Mongolian spouse, as well as applying for an F6 marriage visa, especially in cases where the spouse is an illegal resident.
Marriage Registration Process and Required Documents with a Mongolian Spouse
1. Marriage Registration in Mongolia First
Marriage registration in Mongolia requires the Korean partner to travel and stay for a significant period (about 15 days), as both the bride and groom must be present for marriage registration. A health check-up at a designated hospital is also required, followed by marriage registration at the marriage registration office.
Required documents include passports, basic certificates, marriage relationship certificates, family relationship certificates, resident registration copies, seal certificates, criminal record checks, employment certificates (business registration certificates), health check-ups, property registration (lease contracts), handwritten consent letters from both parents, consent letters from witnesses from both sides, relationship confirmation letters, etc.
※ Documents in Korean must be translated into English or Mongolian, notarized by a lawyer, and then apostilled at the Korean Embassy in Mongolia.
※ Since the required documents may vary slightly by region, it's necessary to double-check before submitting them.
Once marriage registration is completed in Mongolia, the Korean partner needs the Mongolian spouse's marriage certificate, passport copy, Korean partner's ID, and marriage registration form for marriage registration in Korea. Witnesses are not required since the marriage registration was already done in Mongolia.
2. Marriage Registration in Korea First
◆ Required documents for the foreign (Mongolian) spouse
Original passport, unmarried certificate, birth certificate, Korean partner's ID, marriage registration form. (Two witnesses, parents' personal information, and confirmation of parents' registered address are required.)
※ The "place of registration" is indicated at the top of the family relationship certificate, based on each individual - father, mother, and oneself. If this is not accurately filled out, the marriage registration form will not be accepted at the reception.
◆ If the Mongolian spouse is residing in Korea
marriage registration can be done at the Mongolian Embassy in Korea. Both the bride and groom must visit together, accompanied by one witness.
Required documents are similar to those mentioned above, including marriage and family relationship certificates, resident registration copies, criminal record checks, employment certificates, health check-ups, bank balance certificates, property registration (lease contracts), handwritten consent letters from both parents, consent letters from witnesses from both sides, relationship confirmation letters, passports, and IDs.
※ Similarly, all documents in Korean must be translated into Mongolian, notarized, and then submitted with an Apostille.
Applying for an F-6 Marriage Visa with a Mongolian Spouse
If only marriage registration is done in Korea, you can apply for an F-6 marriage visa. Documents proving the Korean partner's income, financial status, credit, health, housing situation, criminal history, and the authenticity of the marriage are required.
In the Case of a Spouse Being an Illegal Resident
A systematic plan and preparation are needed over a significant period to prove the authenticity of the marriage after marriage registration in both countries.
Some people think that if marriage registration is completed in both countries, a visa should naturally be granted. However, this is not the case. Even if one is an illegal resident, as long as the documents are properly prepared, marriage registration can be done at the local office without any restrictions. This is because it's a registration process. However, a marriage visa is a permit, so marriage registration and an F6 marriage visa are entirely separate matters.
Also, people often ask if it's possible to receive a marriage visa without leaving the country. For those legally residing on a long-term visa, it is possible to change to an F6 visa within Korea.
However, in the case of illegal residents (including those holding a short-term visa such as C-3 or those who have received a stay of departure), it is not possible to change to a marriage visa within Korea, except in humanitarian cases such as pregnancy over 20 weeks or having a child. In my experience, there are no exceptions. Only the aforementioned reasons are accepted as humanitarian grounds for changing or granting residency status. Illegal residents must undergo an investigation for immigration offenses and pay the full fine. ※ Partial payments are not accepted.
And the full fine must be paid before applying for a marriage visa. If the fine for illegal stay is unpaid, the application will not even be accepted at the counter. It's also necessary to check if there are grounds for a reduction of the fine, and in some cases, it might be necessary to write a petition or a letter of reflection. It is recommended to seek expert advice on this matter.
※ Similarly, foreigners residing in Korea, not just for a marriage visa but for any visa change, will not be granted permission if they have any unpaid fines, including health insurance fees or any other taxes owed to the country.
If the reasons mentioned above (marriage to a South Korean citizen and being pregnant for over 20 weeks or having a child) do not apply, there is no way to change to a marriage visa within Korea. One must return to their home country and apply for an F6 visa (marriage visa) at the Korean embassy there.
Currently, the Ministry of Justice is implementing a special voluntary departure program for illegal foreign residents.
Illegal foreign residents who voluntarily leave Korea between November 7, 2022, and February 28, 2023, will have their fines waived and entry restrictions deferred. Therefore, utilizing this program could be an option. However, even if the fine is waived, having a history of illegal stay means that the application process will be more stringent and complicated than usual. And if caught during an illegal stay, the full fine must be paid before leaving Korea. Only then can one apply for a marriage visa at a Korean embassy abroad. There are no known cases of someone receiving a marriage visa while having unpaid fines for illegal stay.
The same applies to those who have applied for asylum and hold a G-1 visa. They cannot change their status to a marriage visa in Korea and must leave and re-enter the country.
Additionally, in cases where a couple has only interacted through social media (e.g., meeting through apps or social media and communicating only through messages or video calls), the authenticity of the marriage is often not recognized, and marriage visas are rarely granted.