Marriage immigrants who came to Korea for international marriage and received an F6 visa, which is a marriage immigration status. Foreign spouses can invite their family members from their home country to raise a child after giving birth. It is the same even if you get Korean citizenship after two years of marriage after coming to Korea. However, you can only stay until March of the year the baby born with a Korean turns 7 years old.
For detailed regulations related to this, the family is required to qualify for visitation and cohabitation (F1), which can be categorized into reasons such as the initial settlement stage of marriage immigration due to an early international marriage and parenting due to childbirth. Available.
목차
F6 marriage immigrant family invitation target
In this case, it is said that the family or relative of the foreign spouse can, in principle, only parents and sisters. Here, gender discrimination against the family is controversial.
In other words, men cannot be said to be eligible for parenting, so the focus of brothers and sisters is limited.
For this reason, there are often administrative trials and administrative litigations regarding the denial of F-1 visitation cohabitation for child rearing, and the immigration authorities who refused to change their F1 status are sometimes lost. Is coming out.
As a recent case, there is a remarkable issue, so let’s introduce it.
F-6 Marriage Immigration Purpose of Parenting Family Excluding males?
Lawsuit for cancellation of disposition without permission, such as extension of the period of stay (2020 team 15591)
In this case, the brother of a Vietnamese foreign spouse, who married a Korean and acquired Korean citizenship, applied for a change to F-1 status, a long-term visa, after coming to Korea on a short-term visa to raise a child born by a younger sister, but was denied an administrative lawsuit. This is the case that raised the issue.
Note that there are two other reasons why the change of status of residence was not rejected simply because he was a man, and that the children were more than 7 years old, and the Vietnamese parents were not over 65 years old.
For that reason, the Vietnamese lost and refused to change the status of residence.
It is not a big problem if you look at the case itself, but it is because of one part that there is a problem if the tribute is rejected just because he is a man except for the other two reasons in the judgment.
In other cases similar to this, the judgment was reversed in cases where the judgment was rejected on the grounds that he was only a man for no other reason.
The current Ministry of Justice’s stay management guidelines are based on the age of a child who is eligible for parenting support to other family members other than the parent for the purpose of supporting child rearing in cases where it is difficult for a married immigrant who is pregnant or giving birth to receive help for parenting or childrearing due to age or health reasons from his or her parents. Until March of the year the person turns 7 years old, the status of visitation and cohabitation can be granted for a maximum of 4 years and 10 months.
However, the target is limited to one’female’ who is 18 years of age or older within 4 villages. That’s what this rule found to be a problem.
In another case in the past, a Vietnamese man’s lawsuit against the Incheon Immigration Office and the Foreigners’ Office for the cancellation of the decision to disapprove such as extending the period of stay (2018 Nu78253), the court ruled as follows:
“The Enforcement Decree of the Immigration Control Act, delegated by the Immigration Control Act, did not limit the status of visitation and cohabitation for married immigrant families to women. There is a case in which Mr. C’s hand overturned the first trial of the plaintiff’s defeat because he judged that the disposition of disqualification for the status of staying with him is discriminatory treatment without a reasonable reason.
Parenting Parenting Purpose F1 Family Invite Manual Check the instructions
In this case, the decision was confirmed as the Ministry of Justice did not appeal, but the Ministry of Justice has not yet revised the relevant guidelines for management of residence.
Check the manual of stay management guidelines related to family invitation of nationality holders
Therefore, through marriage immigrants in the above cases, foreigners who are F6 marriage immigrants in Korea, or those who have childbirth and rearing even after acquiring nationality, are advised to consult with F1 to see if their families can be supervised by the requirements. give.
