Not long ago, a man (originally from Mongolia) who had acquired Korean nationality visited our office.
The story goes like this,
He (the husband) was originally Mongolian but acquired South Korean nationality a few years ago. He has a Mongolian wife and a baby (12 months old) born from their relationship. Currently, his wife and baby are in Korea on a C-3 (short-term visit) visa.
He asked if there was a way for his wife to get a marriage visa and what could be done for the baby.
Both the Mongolian wife and the baby held Mongolian nationality, and the baby's birth certificate did not list the father (biological father), only the mother was listed.
After listening to the story and considering all the circumstances,
The first procedure that needed to be done was the child's paternity acknowledgment.
Only after the acknowledgment was completed could the wife apply for an F6 marriage visa in Korea due to the presence of the child, and the baby could also apply for nationality acquisition by acknowledgment.
※ In principle, you cannot change to an F6 marriage visa with a C3 short-term visa.
Therefore, you must apply for an F6 marriage visa at the local embassy (visa issuance), receive permission, and then enter Korea.
However, if there are reasons such as pregnancy, childbirth, or child-rearing, you can change your residence status in Korea after a review.
After preparing the necessary documents, they visited the local district office together to complete the acknowledgment.
The wife applied for the F6 marriage visa,
and the baby applied for nationality acquisition by acknowledgment.
Now, let's look at the requirements, procedures, and documents for nationality acquisition by acknowledgment.
Nationality Acquisition by Acknowledgment
Eligibility
◆ Minor children born between a Korean father and a foreign mother (referring to children born out of wedlock. Even if the parents register their marriage after the child's birth, it still applies)
※ Not only at the time of the child's birth but also at the time of acknowledgment, the father must be Korean.
※ The effect of nationality acquisition occurs from the time of the nationality acquisition report by acknowledgment.
Procedure
◆ By the acknowledgment of the Korean father, the child (note: not the acknowledged child) is registered in the family relationship register (the fact of acknowledgment is recorded in the basic certificate), and the child acquires South Korean nationality when reporting nationality acquisition to the Minister of Justice. ◆ All those who acquire nationality have an obligation to renounce foreign nationality within 1 year. - Except for acknowledgment by judgment, all nationality acquisition reports by acknowledgment are accompanied by a paternity test with the prior consent of the party, so both the biological father and the child must apply together.
Required Documents
① Nationality acquisition report form, with a 3.5cm×4.5cm photo attached - Revenue stamp of 20,000 won, at least two contact details listed
② Documents proving that the acknowledged person is a foreigner - Child (acknowledged person) foreign passport - Documents proving the identity of the biological mother ▪Copy of ID (foreigner registration card, passport, etc.)
▪Documents proving the relationship with the mother if the mother and the acknowledger are not married (Documents showing marriage, divorce, or unmarried status) ※ If the biological mother is missing or cannot obtain identification documents, submit documents proving the reason (such as a statement). - Documents proving that the acknowledged person was born to a foreign mother
▪Copy of birth certificate (original comparison, translation with translator's signature and contact details attached)
③ Documents proving that the child was acknowledged by a Korean father - Family relationship certificate and marriage relationship certificate of the acknowledger (must be a 'detailed certificate' issued within the last 3 months) - Acknowledgment circumstances statement written in the name of the acknowledger: Describe in detail according to the 5W 1H principle the circumstances leading up to the acknowledgment of the acknowledged person (with the handwritten signature of the acknowledger)
※ If the child was reported as a "natural-born child" and not acknowledged at the family registration office, add a "birth report approval certificate" ④ Documents proving that the father was a South Korean citizen at the time of birth
Basic certificate of the acknowledger (must be a 'detailed certificate' issued within the last 3 months)
⑤ Family relationship notification form
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