In the case of marrying a Korean and subsequently getting divorced, it can be quite challenging from the perspective of a foreign national. This is because while you might wish to continue residing in Korea, there are limited avenues available. Today, we will explore the circumstances under which a foreign national with an F6 Marriage Visa can legally stay in South Korea after divorcing a Korean spouse.
Generally, the visa issued to foreign nationals due to marriage with a South Korean national is referred to as the F-6-1 visa. However, if the marriage that was once expected to bring a lifetime of happiness ends in divorce, and if the conditions are met, you may be eligible to extend your stay.
1. Cases of Divorce for which the Foreign Spouse is Not Responsible - F-6-3 Visa
- If the foreign spouse is not responsible for the divorce due to reasons beyond their control (e.g., the death or disappearance of the Korean spouse, or other circumstances for which the foreign spouse is not to blame, such as desertion, violence, domestic discord, etc.), they can prove that the divorce occurred due to the wrongful actions of the Korean spouse and extend their stay.
※ Even if the foreign national is responsible for the divorce, if they are supporting the parents or family of the Korean spouse, they can submit evidence of the factual relationship and support to apply for a one-year extension under the F-6-3 category.
Common Required Documents
① Application form (Form No. 34), passport, foreigner registration card, fee
② If there are children born within the marriage, family relationship certificate for the child
③ Occupation and annual income declaration
④ If there is income and occupation, income certificate
⑤ Proof of residence (lease agreement, lodging confirmation, advance notice of expiration of stay, utility payment receipt, dormitory fee receipt, etc.)
⑥ Other documents deemed necessary for review
In Case of Divorce
① Marriage certificate with details of the divorce
② Divorce-related legal documents (divorce judgment, settlement agreement, reconciliation recommendation decision, mutual consent divorce statement, etc.)
③ Objective evidence to prove non-responsibility
※ Documents proving that the divorce was due to the primary responsibility of the Korean spouse, such as:
- Report of desertion by the Korean spouse
- Medical diagnosis due to spousal violence, including hospitalization records
- Certified non-indictment decision from the prosecutor's office related to the Korean spouse's violence
- Confirmation from a relative within the fourth degree of kinship to the Korean spouse
- Confirmation from the neighborhood (village) leader where the marriage was discontinued
- Report of incidents filed with the police (112 Report Incident History)
※ If the divorce was due to the husband's violence, for instance, if there has been a report to the police (112) in the past, you can obtain a copy of the police report history from the local police station, which will serve as strong evidence of the responsibility.
In Case of Spouse's Death
① ① Proof of spouse's death
- Death certificate, basic certificate with details of spouse's death, etc.
② Proof of family relationship (marriage certificate, etc.)
In Case of Spouse's Disappearance
① Proof of disappearance (disappearance declaration issued by the court)
② Proof of family relationship (marriage certificate, etc.)
2. In Case of Having Child Custody Rights or right of access - F-6-2 Visa
- If divorce proceedings are underway or if, after divorce, a foreign national with an F6 Marriage Visa has custody rights or right of access regarding a minor child born within the marriage (including de facto marriage), they can apply for an extension of stay under the F-6-2 category. In such cases, the immigration office will verify the foreign spouse's actual custody rights and whether they are actively engaged with the child before making a decision on the extension of stay.
Change of Stay Status to F-1-6 (Domestic Issues)
- Even in cases where a foreign national divorced a Korean spouse without fault, if it is necessary to continue residing in Korea due to property division or domestic issues, they can submit evidence proving the necessity and apply for an extension of stay under the F-1-6 category.
※They can receive an extension for a maximum of 6 months within a one-year period.
Application for Permanent Residence of a Marriage Immigrant
- Foreign spouses who have been residing in South Korea for over 2 years while being married to a South Korean national and who are not subject to deportation may prove their financial and Korean language capabilities and apply for permanent residency or citizenship.
implified Naturalization for Marriage Immigrants
- 1 criteria Persons who have resided in South Korea for over 2 years and continue to have a registered address in South Korea while being married to a Korean national;
- 2 criteria Persons who have resided in South Korea for over 1 year after 3 years of marriage and continue to have a registered address in South Korea
Persons who, despite not fulfilling the above criteria, have established a registered address in South Korea while being married to a Korean national and have completed the remaining period of either the first or second criteria with the recognition of the Minister of Justice due to factors that were beyond their control, such as the death or disappearance of their spouse, or other reasons that made it impossible for them to maintain a normal marital life.
Eceptional provisions for Marriage Immigrants
In cases where a foreign national spouse of a South Korean national is undergoing legal proceedings, investigations by law enforcement agencies, or other legal remedies under the "Special Act on the Punishment of Crimes of Domestic Violence," Article 2, Paragraph 1, due to domestic violence, they can apply for an extension of stay until the completion of the legal remedy process. Even after the conclusion of the legal remedy process, if it is deemed necessary for the purpose of recovery from damages, an extension of stay can be granted.