"I recently went to the Immigration Office with a client of Mongolian nationality to submit a marr"I recently went to the Immigration Office with a client of Mongolian nationality to submit a marriage naturalization application.
So today, let's learn about the targets, requirements, and documents to be submitted for marriage naturalization (simplified naturalization), as well as cases where a criminal record certificate, which must be submitted when applying for naturalization, is exempted, and cases where naturalization (nationality) interview examinations are exempted.
※ For reference, if you maintain a marital relationship and receive permission for marriage naturalization, you can retain the nationality you originally had by writing a pledge not to exercise foreign nationality after receiving the naturalization certificate after the national oath.
In other words, dual nationality is possible on the surface in South Korea.
※ However, by acquiring South Korean nationality, whether the original nationality of the individual is maintained or lost is not only determined by South Korean nationality law but also determined by the nationality laws of the countries to which the individual belonged, as the original country may have regulations that lose nationality when acquiring another nationality or similar other regulations.
Targets and Requirements for Marriage Naturalization
1. Foreign spouse of a citizen
◇ The marital relationship with that spouse must be normally maintained until the time of naturalization permission after marriage.
◇ The marital relationship refers to a legal marriage.
2. Domestic residence period
◇ Continuous residence in the country for more than 2 years after marriage and foreigner registration (1)
◇ Continuous residence in the country for more than 1 year after 3 years have passed since marriage and foreigner registration (2)
◇ If one of the foreign couples acquires South Korean nationality after marriage, the time when one becomes a citizen is taken as the starting point for calculating the residence period.
◇ If any of the following applies, it is regarded as continuous residence in Korea, and the residence periods before and after are summed up together.
1.If you re-enter within the permission period after leaving the country with re-entry permission during your stay in Korea
2.If you temporarily leave the country for reasons such as the inability to extend the stay period and re-enter with a visa within 1 month
3.If the Minister of Justice recognizes that it is reasonable to sum up the residence periods before and after in cases similar to the above
Documents to be Submitted When Applying for Marriage Naturalization
① Naturalization permit application form (Appendix 2), 1 photo attached (3.5cm×4.5cm), fee of 300,000 won
② Documents proving foreign nationality - Original and copy of passport, etc. - Alien registration card or domestic residence report card -(Additional) In the case of Chinese compatriots: Copy of Chinese resident certificate, copy of household register (original presented) ③ Overseas criminal record certificate (must be submitted within 6 months of issuance)
④ Family relationship certificate of Korean spouse (‘Detailed Certificate’ issued within the last 3 months must be submitted.) - Basic certificate, family relationship certificate, marriage relationship certificate, resident registration copy - If there are children during marriage, a family relationship certificate in the name of the child ⑤ Photos, surrounding person verification, letters, etc., that can prove the genuineness of the marriage - Not mandatory documents and can be submitted voluntarily. ⑥ Documents to prove the ability to maintain livelihood 1) Financial assets (deposits, savings, securities, etc.) of 30 million won or more 2) Documents proving ownership of real estate evaluated at the standard amount according to the actual transaction price or the market price announced by commercial banks or
Real estate lease contract copy with a lease deposit equivalent to 30 million won or more 3) Certificate of employment (attach a copy of the business owner's business registration certificate) or certificate of prospective employment (check salary details during the review) 4) Other documents recognized by the Minister of Justice as equivalent to 1) to 3) - Additional submission of proof documents may be requested during the review process. - Self-employed persons submit a copy of the business registration certificate, a lease contract for the business place (or a building register copy in the name of the person or family member with whom they live), and documents that can confirm income. ⑦ Documents needed to write a family relationship register - Handwritten family relationship notification -Documents proving the identity of parents, spouses, children, marriage or unmarried, adoption, etc. * In the case of China: Family relationship notarized by the Chinese Ministry of Foreign Affairs * If the father or mother is deceased: Death notarization or a government-issued certificate with the death fact recorded (in the case of China, ‘已故’ is indicated on the family relationship notarization) - A government-issued document proving that you are of Korean descent when writing your name in Korean pronunciation, not in the original sound, if you are of Korean descent - If you specify a new birth month and day, a certificate issued by the embassy or consulate of the original nationality country or other documents proving the birth month and day
"Without exception for general naturalization, simplified naturalization, and special naturalization, a foreign criminal record certificate is fundamentally one of the documents that must be submitted. Next, let's look at cases where the foreign criminal record certificate is exempted.
Cases where the submission of a foreign criminal record certificate is exempted when applying for naturalization permission
◆ Common Exemption Targets for Naturalization and Nationality Recovery ◆
① Persons under 14 years of age (minors in criminal law)
② Persons who have already submitted a foreign criminal record certificate when applying for stay permission, naturalization, or nationality recovery in Korea, and who have not left the country afterward or have not resided continuously abroad for 6 months* after leaving the country
③ Persons born in Korea or who entered the country when they were under 14 years old and have not left the country after turning 14, or
Persons who left the country after turning 14 and have not resided continuously abroad for 6 months*
Persons who have not stayed in Korea for more than 1 month during their departure are considered to have ‘continuously’ resided abroad
④ Persons recognized by the Minister of Justice to be in a situation equivalent to being unable to obtain a criminal record certificate from their home country or a third country due to natural disasters, civil wars, etc.
◆ Exemption Targets Among Naturalization Applicants ◆
⑤ Persons applying for special naturalization as a person of special merit or outstanding talent as defined in the "Nationality Act"
⑥ Persons who have continuously** and legally resided in the Republic of Korea for 20 years or more up to the date of application for naturalization
⑦ Humanitarian stayers according to the "Refugee Act" (however, persons included in the submission target of the third country's criminal record certificate must submit the criminal record certificate of that country)
◆ Exemption Targets Among Nationality Recovery Applicants ◆
⑧ Persons applying for nationality recovery corresponding to the above ⑤
⑨ Persons who have continuously** and legally resided in the Republic of Korea for 10 years or more up to the date of application for nationality recovery
** Persons who have not resided abroad continuously for 6 months or more after leaving the country are considered to have continuously resided in Korea
⑩ Persons applying for nationality recovery after turning 60
In the case of marriage naturalization, the comprehensive evaluation for naturalization is exempted.
However, to acquire South Korean nationality, you must pass the naturalization (nationality) interview.
Next, let's look at cases where the naturalization (nationality) interview is exempted.
Cases where the naturalization (nationality) interview is exempted
① A person who is a spouse of a person who has recovered their nationality and is over 60 years old
② Persons under 15 years of age at the time of applying for naturalization permission
③ Comprehensive evaluation passers among those who have completed the Social Integration Program
④ Descendants of independent meritorious persons
⑤ Spouses of direct ancestors or descendants of independent meritorious persons or national meritorious persons who are over 60 years old
⑥ Spouses of Sakhalin compatriots who have received nationality judgments and are over 60 years old
⑦ Children of Sakhalin compatriots who have received nationality judgments and are over 60 years old applying for simplified naturalization or special naturalization permission
※ Even if you qualify for interview examination exemption, an interview examination can be conducted when it is deemed necessary for naturalization permission examination decisions, such as when Korean communication ability is insufficient or basic disposition is doubtful.
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