Foreigners married to Koreans are multicultural families and can acquire Korean citizenship through the simplified naturalization process. Simplified naturalization can be largely divided into’marriage-related cases’ and’other reasons’, but in this article, foreigners who are married to a Korean spouse and remain married are naturalized as Koreans. Let’s summarize the procedure.

Requirements for Acquisition of Korean Nationality for Simplified Naturalization

The requirements for simplified naturalization of Korean citizenship acquired by marriage are stipulated in Article 6 (2) of the Korean law,’Nationality Act’ as follows.

1. A person who has been married to the spouse and has an address in the Republic of Korea for at least two years.
2. A person who has been married for 3 years after marriage to the spouse and has an address in the Republic of Korea for at least 1 year.
3. Although the period of 1. or 2 above was not fulfilled, the spouse and the spouse were married and the address was held in the Republic of Korea. A person who has fulfilled the above period as a person who has not been and is recognized by the Minister of Justice
4. A person who has not met the requirements of 1. or 2 above, but is raising or is required to raise a minor child born as a result of marriage with the spouse, has fulfilled the period of 1. or 2 above, and the Minister of Justice Acknowledgment

In addition, the Nationality Act stipulates the following requirements.

• Article 5 of the Nationality Act: The age must be the adult under the 「Civil Act」 of the Republic of Korea => Here, the’adult’ refers to a person who has reached the age of 19.
• Nationality Act Article 5, No. 3: Comply with laws and regulations, etc., and meet the requirements for the determination of conduct as stipulated in Article 5-2 of the 「Enforcement Regulations of the Nationality Act」
• Nationality Act Article 5 4: Must have the ability to sustain a living by relying on the family with whom they make a living.
• Article 5 of the Nationality Act: Must possess basic literacy as a citizen of the Republic of Korea, such as Korean language ability and understanding of the customs of the Republic of Korea.
• Article 5 of the Nationality Act: Authorization of naturalization shall be recognized by the Minister of Justice that permitting naturalization does not harm national security, maintenance of order, or public welfare.

How to Apply for Korean Nationality Acquisition through Simple Naturalization Permit

1. Application for naturalization permission

2. Documents proving that you are a foreigner

3. Documents proving the ability to sustain livelihoods of the person or family member

=> Any of the following documents that apply to you

• 1) Documents proving financial assets (deposits, savings accounts, securities, etc.) of 30 million won or more
• 2) A copy of the real estate lease contract, such as a document that proves the ownership of real estate with a quoted price, actual transaction price, or published market price of 30 million won or more, or a lease deposit equivalent to 30 million won
• 3) Employment certificate or employment prospective certificate
• 4) Other documents recognized by the Minister of Justice as equivalent to 1) through 3)

4. When there is a person applying for accompaniment acquisition, a document proving the relationship

ㅇ In this case, there is a person who wants to acquire Korean citizenship with the foreigner’s child.

5. Certificate on family relation records of Korean spouse

However, if the marriage fact is not recorded in the family relations register of the Korean spouse after marrying in a foreign country, it shall be replaced with a document certifying the fact of marriage.

6. Certificate of records of family relations of Korean spouse

ㆍA copy of expulsion, a document proving that the spouse was unable to live a normal marriage due to the death or disappearance of the spouse, or other reasons not responsible for the person

• In this case, the person who falls under No. 3 of the above requirements for simplified naturalization in Korea shall prepare.

 7. Certificate of records of family relations of Korean spouse

ㆍA copy of expulsion, a birth certificate proving that there is a minor child born with the spouse, or other equivalent documents, and a document proving that the person is raising or is required to raise the minor child

In this case, the person who falls under No. 4 of the above requirements for simplified naturalization of Korea shall prepare.

8. Documents required to fill out the Family Relations Register

Documents required by the Minister of Justice (documents pursuant to Article 3 of the 「Enforcement Rule of the Nationality Act」) as necessary documents for notification of naturalization permission and preparation of the family relations register pursuant to Article 94 of the Family Relationship Registration Act must be submitted to the foreign immigration office, etc.

When the above submitted documents are written in a foreign language other than Korean, a translation must be attached, and the name and contact information of the translator must be included in the translated text. (Article 16 of the 「Enforcement Rule of the Nationality Act」).
When applying for a simplified naturalization permit, a fee of 300,000 won per person (except for accompanying acquirers) must be paid, which can be paid through government income stamp purchase.

However, at overseas diplomatic missions, payment may be made in cash, foreign currency equivalent to the amount, or a certificate certifying the payment (「Nationality Act」 Article 21-2 (1) and 「Nationality Act Enforcement Rule」 Article 18 (2)). .

For persons who have married a Korean citizen and applied for naturalization permission, in accordance with Article 4 of the Enforcement Decree of the Nationality Act (examination on application for naturalization permission), they are eligible for a qualification examination (document review and examination of the immigration office’s stay trends) and to determine whether to permit naturalization. It is decided whether to permit or not through screening (criminal history inquiry, etc.).

In the case of such screening, the period of screening is about 1 year in case of having children, and approximately 2-3 years in case of no child. Currently, it takes 11 to 14 months for marriage naturalization (children) and 26 to 30 months for marriage naturalization (no children).

Simplified naturalization (marriage naturalization) requirements screening process

When examining whether the naturalization requirements have been satisfied, the naturalization permit applicant may be asked to present and state their opinions or submit related data, and the naturalization permit applicant’s residence, etc. may be field-searched to confirm whether the naturalization requirements have been met. In this case, in order to examine the naturalization requirements for the naturalization permit applicant, a background check, a criminal history check, and a sojourn trend search may be requested for the naturalization permit applicant, or opinions on other necessary matters may be sought.

Comprehensive evaluation and interview for naturalization qualification screening

The naturalization qualification screening is divided into a comprehensive evaluation and an interview screening, and applicants for naturalization permission must apply for the comprehensive evaluation within one year from the date of application. The interview screening examines basic requirements to be met as a citizen of the Republic of Korea, such as Korean language ability, attitude as a citizen of the Republic of Korea, and belief in a free democratic basic order. 」Article 4 (4) and 「Enforcement Decree of the Immigration Control Act」, Article 48 (2) 3).
Comprehensive evaluation and interview screening may not be conducted for applicants who do not meet naturalization requirements as a result of inquiry, investigation, confirmation for examination of naturalization requirements, or review of applications, etc. ).

For details on the naturalization interview, refer to other blog posts => Check

Those who fall under any of the following may be exempted from the comprehensive evaluation or interview (the proviso to Article 4-2, Paragraph 1 of the 「Enforcement Decree of the 「Nationality Act」」).

When comprehensive evaluation is exempted

• minor
• Those who are over 60 years old
• A person who has special merit in the Republic of Korea or possesses very excellent abilities in a specific field, such as science, economy, culture, and sports, and is recognized as contributing to the national interests of the Republic of Korea.
• Those who have completed the social integration program => ※’Social integration program’ refers to education, information provision, and counseling to support the social adaptation of foreigners who want to acquire Korean nationality and permanent residence status in Korea. 39 (paragraph 1).
• A person who has scored at least 60 points out of 100 points in the comprehensive evaluation within the last 3 years from the date of application for naturalization permission.
• Other persons with special reasons recognized by the Minister of Justice.

In cases where the interview is exempted (Article 4 (3) of the 「Enforcement Rule of the Nationality Act」)

• Those who are 60 years of age or older as the spouse of a person who has regained nationality
• Those under the age of 15 at the time of application for naturalization permit
• Those who have completed the social integration program and scored at least 60 points in the overall evaluation of 100 points.
• Other persons with special reasons recognized by the Minister of Justice.

Those who are not allowed to permit naturalization

Naturalization permit is not permitted in any of the following cases: (Article 4-3 of the 「Enforcement Decree of the Nationality Act」).

• When it is recognized that naturalization requirements are not satisfied as a result of inquiry, investigation, confirmation for examination of naturalization requirements or review of applications
• If you do not take the comprehensive evaluation within one year from the date of application for naturalization permission
• If you score less than 60 points with a full score of 100 in the overall evaluation
• In case of nonconformity evaluation at the interview

National oath and naturalization certificate awarded

In the event that the naturalization permit is finally obtained, the Minister of Justice shall designate the date and time to receive the national oath and award the certificate of naturalization to the person concerned, and notify the person who received the naturalization permission to attend the designated date and place. Article 4-4 (1) of the 「Enforcement Decree of the Nationality Act」).

If the person who received the naturalization permission and received the above notification cannot attend the designated date and place due to unavoidable reasons such as illness or accident, a written document stating the reason for non-participation and the possible attendance schedule (hereinafter referred to as the “reason for non-participation”) shall be given on the designated day. It must be submitted to the Minister of Justice by the day before. (Article 4-4 (2) of the 「Enforcement Decree of the Nationality Act」). In this case, the date and place shall be newly designated within one month from the date of the submission of the reason for non-participation, and the person who received naturalization permission shall be notified again to attend the designated date and place.

A person who has obtained a naturalization permit shall take a national oath in front of the Minister of Justice and acquire Korean nationality when a naturalization certificate is awarded. All. However, the Minister of Justice may waive the national oath to those who cannot understand the meaning of the national oath due to age, physical or mental disability, etc., or who are deemed unable to express what they understood (Article 4 (3) of the Regulations 「Nationality Act」).

Notification of acquisition of nationality by naturalization

When a naturalization permit applicant acquires nationality, the Minister of Justice shall notify the head of the family relations registration office at the registration base without delay, and notify it in the official gazette. To send.