A 32-year-old Korean woman, A, studied in Canada during middle school and acquired Canadian citizenship about 10 years ago but did not report the loss of her Korean nationality. Since Canada is a country that allows visa-free entry, Canadian nationals can stay in Korea for 6 months without a visa (B-2).
After acquiring Canadian citizenship, A entered Korea multiple times, staying for about 3 to 6 months each time. She received medical treatment covered by health insurance and worked for nearly two years.
The reason A could receive medical treatment (covered by health insurance) and work without any restrictions after acquiring Canadian citizenship is because she did not report the loss of her Korean nationality, so her resident registration was not revoked. Thus, she was still considered a Korean citizen in the Korean system.
A felt something was wrong and requested a consultation with me.
A always used her Canadian passport when entering Korea after acquiring Canadian citizenship. Therefore, she did not violate the Passport Act.
The issue is her medical treatment and employment. If she reports the loss of her nationality and applies for an F4 visa, how the medical treatment and employment will be handled becomes a problem.
First, let's look at the Nationality Act.
Nationality Act Article 15 (Loss of Nationality Due to Acquisition of Foreign Nationality)
① A Korean citizen who voluntarily acquires a foreign nationality loses Korean nationality at the time of acquiring the foreign nationality.
Nationality Act Article 16 (Processing of Those Who Have Lost Nationality)
① A person who has lost Korean nationality (except for those who have reported renunciation of nationality) must report the loss of nationality to the Minister of Justice.
Nationality Act Article 18 (Change in Rights of Those Who Have Lost Nationality)
① A person who has lost Korean nationality cannot enjoy the rights that only Korean citizens can enjoy from the time they lose their nationality.
- As seen, those who acquire foreign nationality after birth automatically lose Korean nationality on the date of acquiring foreign citizenship.
- Article 16's "must" indicates an obligation.
- Article 18 states that from the time of loss, they cannot enjoy the rights of Korean citizens.
In A's case, she neglected her duty to report the loss of nationality, even if she didn't know. Even though her resident registration wasn't revoked due to her failure to report, she is no longer a Korean citizen from the moment she acquired Canadian citizenship and cannot enjoy the rights of Korean citizens.
The issue of receiving medical treatment covered by health insurance will be determined by the Health Insurance Corporation, but it is likely that they will request reimbursement retrospectively.
The bigger issue is her employment. There should be no problem at the stage of reporting the loss of nationality.
However, applying for an F4 visa could be problematic.
Foreigners must have a residence status that allows employment or a separate work permit to work. Thus, fundamentally, this is illegal employment, and she must pay the fine for the period she worked illegally.
Next are the targets and required documents for reporting the loss of nationality.
Targets for Reporting Loss of Nationality
- A person who voluntarily acquires foreign nationality regardless of age, gender, or military service must report the loss of nationality.
※ A person who voluntarily acquires foreign nationality loses Korean nationality on the date of acquiring foreign nationality.
Required Documents for Reporting Loss of Nationality
1. Report of Loss of Nationality Form (attach one photo taken within the last six months)
2. Original and copy of the foreign passport (personal information page)
3. Certificate of Family Relations (detailed, issued within 3 months)
① In case of loss of nationality due to acquisition of foreign nationality - If there is a citizenship (naturalization) certificate: Basic Certificate, Certificate of Family Relations - If the first passport issued is used for loss report: Basic Certificate, Certificate of Family Relations, Basic Certificates of both parents - In case of acquiring foreign nationality through international marriage: Basic Certificate, Marriage Certificate - In case of acquiring foreign nationality through overseas adoption: Basic Certificate, Adoption Certificate - In case of acquiring foreign nationality through recognition: Basic Certificate, Certificate of Family Relations |
② In case of losing nationality after acquiring Korean nationality due to failure to renounce foreign nationality - If foreign nationality is not renounced within the period after naturalization or restoration of nationality (including deferred): Basic Certificate - If foreign nationality is not renounced after acquiring nationality through marriage: Basic Certificate, Marriage Certificate |
③ In case of losing nationality due to failure to choose nationality as a dual national from birth - If born in a country that applies the jus soli principle with either parent being a Korean citizen: Basic Certificate, Certificate of Family Relations - If dual nationality is acquired through both parents' nationalities: Basic Certificate, Certificate of Family Relations, Basic Certificates of both parents |
4. Proof of Reason for Loss of Nationality
(If acquiring foreign nationality, documents proving the fact and date)
- Copy of the naturalization certificate, citizenship certificate, etc. (compared with the original) and translation
5. If the name on the Family Relations Register and the foreign passport is different by two or more characters, submit documents proving the same person
① If the surname has changed
- If the surname in the foreign passport/citizenship certificate differs from the Family Relations Register: Marriage Certificate, Marriage Registration Certificate, or Family Relations Certificate (with spouse listed).
② If the first name has changed
- Submit documents proving the name change or a guarantee from parents or others, including the guarantor's signature and a copy of their ID.
Exceptions for submitting proof of name change ① If the name change is confirmed on the back of the US citizenship certificate. ② If a court document related to the name change is attached. ③ If the name change is partial but can be regarded as the same person. ※ Example: If a Korean named Kim Gil-dong acquires U.S. nationality as KIM, JAMES KILDONG, no additional proof is needed to consider them the same person. |
6. Birth Certificate (if applicable), Military Service Certificate (if applicable).
Next are the targets and required documents for changing to an F4 visa (F-4-11).
An F4 visa cannot be applied for while holding Korean nationality and must be applied for after reporting the loss or renunciation of nationality.
F4 Visa Overseas Korean (F-4-11) Targets
- A person who acquired foreign nationality after holding Korean nationality by birth.
※ According to the revised Act on the Immigration and Legal Status of Overseas Koreans ('18.5.1.), those who renounce or lose Korean nationality without completing military service or receiving an exemption are restricted from obtaining Overseas Korean status until age 40.
※ This does not apply to women without military obligations.
※ The revised law applies to those who lost or renounced their nationality after the implementation of the revised law. For nationality loss, the date on the Basic Certificate must be after '18.5.1. For nationality renunciation, the date on the Basic Certificate must be after '18.5.1.
F4 Visa Overseas Korean (F-4-11) Required Documents
1. Passport, one standard-size photo, Integrated Application Form for Overseas Koreans (F-4)
2. Documents Proving Overseas Korean Status: Documents proving that the applicant was a Korean national
- Certificate of Family Relations (submit a detailed certificate)
- Extract of Family Register or Closed Registration Book, or other documents proving that the applicant was a Korean national
3. Documents proving the cause and date of acquiring foreign nationality
- Citizenship certificate, Birth Certificate, etc.
4. Overseas Criminal Record Certificate
- From the nationality country and any third country where the applicant has resided for more than a year within the last 5 years
- Original Criminal Record Certificate (official verification required, valid for 6 months from the date of issuance)
- Translation of the Criminal Record Certificate, translator's affidavit (including personal details and contact information), and a copy of the translator's ID
5. Documents proving Korean language proficiency: Exempt for those who previously held Korean nationality
6. Tuberculosis Diagnosis Certificate (issued within 3 months by a public health center or a hospital designated by the Ministry of Justice)
※ Applicable only to nationals of high-risk tuberculosis countries
7. Proof of residence in Korea
8. Documents according to the foreigner registration status
- Proof of enrollment, etc., if the applicant is between 6 and 18 years old
- Foreigner Occupation Report (even if unemployed, submit the report after completing it)
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