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Prevent foreigners citizenship through contract marriages.
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Real Reality



Joined: 10 Jan 2003
Location: Seoul

PostPosted: Sat Dec 27, 2003 2:23 am    Post subject: Prevent foreigners citizenship through contract marriages. Reply with quote

The National Assembly held a plenary session Friday and passed a revised bill to grant Korean nationality to foreigners whose marital relations were terminated within two years, due to their Korean spouses' death or disappearance.

http://www.visalaw.com/96oct/5oct96.html

To prevent foreigners from gaining citizenship through "contract" marriages, the current law stipulates that foreigners who marry Koreans can apply for Korean nationality only if they live in Korea and maintain marital relations for two years. Women's organizations, however, have called for the law to be revised, saying that foreigners are unable to acquire Korean nationality even when their marital relations ended due to their spouses' faults, and that some people have abused the regulation.
http://english.chosun.com/w21data/html/news/200312/200312260020.html

Canada recognizes the legality of marriages performed in other countries. However, marriages performed in Canada may not always be considered legal in other countries. Similarly, divorce and child custody documents issued by Canadian courts may not be recognized.
Second citizenship may result from:
1. an application for citizenship
2. place of birth
3. family connections, including place of birth of one of your parents or even grandparents
4. marriage
5. extended residency
http://www.voyage.gc.ca/main/pubs/dual_citizenship-en.asp

"Immediate relatives" of a U.S. citizen
"Immediate relatives" of a U.S. citizen refers to parents, spouses and children (who are unmarried and under 21 years of age) of a U.S. citizen. Immediate relatives of a U.S. citizen can immigrate to the United States without being subject to any numerical restrictions, unlike other close family members of U.S. citizens and/or permanent residents. Namely, they can apply for the permanent resident status without any waiting time.

Q: Does my divorce affect my status as a conditional permanent resident?
A: Yes. The general rule is that divorce terminates the conditional permanent residence. Nevertheless, in this scenario, it is possible for the alien to obtain a waiver of the termination.

Q: I am a battered spouse of a U.S. citizen. May I file an immigration petition on my own behalf?
A: Yes. To qualify, the alien spouse must:
Be a person of good moral character;
Have entered the marriage in good faith;
Have resided in the U.S. with the citizen spouse;
Have been battered or subjected to extreme cruelty by the citizen spouse.
http://www.hooyou.com/familybased/index.html

If the marriage ends or the US citizen spouse fails to cooperate in the filing of the application, the foreign spouse can file for a waiver. Waivers will be granted if the applicant can show:
- extreme hardship if the applicant is deported or
- the marriage was entered into in good faith and terminated

If the waiver is based on good faith entry into the marriage, the applicant should submit documents showing merged financial assets, length of the time the couple lived together and the grounds for the divorce.
Edited once (Title change for clarity sake) by Harpeau @ 9:20AM, Monday, Dec. 29th, 2003.


Last edited by Real Reality on Sat Dec 27, 2003 2:59 am; edited 1 time in total
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Mashimaro



Joined: 31 Jan 2003
Location: location, location

PostPosted: Sat Dec 27, 2003 2:33 am    Post subject: Reply with quote

The Xenephobia continues.. yay for the hermit kingdom Rolling Eyes
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Homer
Guest




PostPosted: Sat Dec 27, 2003 5:20 am    Post subject: Reply with quote

Mashimaro...where are you from mate?

In Canada (my home country) a person does not gain citizenship through marriages either...it takes longer and a lot of paperwork to get that.

Germany, Japan and many other countries have very similar naturalization laws then Korea (i.e. just as limiting and exclusive).

Finally, how does this law affect you? Are you pining to become a Korean citizen? Or perhaps you just want it to be availbale to you because it should be since you are...oh nevermind... Rolling Eyes

RR, Merry christmas and Happy new year to you and best of luck in your constant quest to post negative only threads....it must take you a lot of time and energy to find all this and the posting must shed some light on that dark place you call a heart...cheers mate Exclamation Laughing
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SuperHero



Joined: 10 Dec 2003
Location: Superhero Hideout

PostPosted: Sat Dec 27, 2003 5:43 am    Post subject: Reply with quote

What homer said, plus RR's total lack of commentary on anything he posts. RR does not participate in this forum other than posting graffiti.
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Mashimaro



Joined: 31 Jan 2003
Location: location, location

PostPosted: Sat Dec 27, 2003 2:43 pm    Post subject: Reply with quote

Homer wrote:
Mashimaro...where are you from mate?

In Canada (my home country) a person does not gain citizenship through marriages either...it takes longer and a lot of paperwork to get that.

Germany, Japan and many other countries have very similar naturalization laws then Korea (i.e. just as limiting and exclusive).

Finally, how does this law affect you? Are you pining to become a Korean citizen? Or perhaps you just want it to be availbale to you because it should be since you are...oh nevermind... Rolling Eyes

RR, Merry christmas and Happy new year to you and best of luck in your constant quest to post negative only threads....it must take you a lot of time and energy to find all this and the posting must shed some light on that dark place you call a heart...cheers mate Exclamation Laughing


I'll admit I don't know much about citizenship or even this article, it just struck me as further foreigner phobia from korea.. It is more the motivation I am questioning than the detail of the law change..

Does it really matter what happens in other countries? It doesn't seem to in other areas of korean culture..
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Mr. Pink



Joined: 21 Oct 2003
Location: China

PostPosted: Sat Dec 27, 2003 4:13 pm    Post subject: Reply with quote

Mashimaro wrote:
Homer wrote:
Mashimaro...where are you from mate?

In Canada (my home country) a person does not gain citizenship through marriages either...it takes longer and a lot of paperwork to get that.

Germany, Japan and many other countries have very similar naturalization laws then Korea (i.e. just as limiting and exclusive).

Finally, how does this law affect you? Are you pining to become a Korean citizen? Or perhaps you just want it to be availbale to you because it should be since you are...oh nevermind... Rolling Eyes

RR, Merry christmas and Happy new year to you and best of luck in your constant quest to post negative only threads....it must take you a lot of time and energy to find all this and the posting must shed some light on that dark place you call a heart...cheers mate Exclamation Laughing


I'll admit I don't know much about citizenship or even this article, it just struck me as further foreigner phobia from korea.. It is more the motivation I am questioning than the detail of the law change..

Does it really matter what happens in other countries? It doesn't seem to in other areas of korean culture..


Did you read the article? IF Canada did something like that, would it be a bad thing and get you all fired up?

Korea is easier than Canada to get citizenship. If I was actually fluent in Korean I would be qualified to take that citizenship test - if I was so inclined. In Canada my wife and I have have to live there longer than the 2 years required under Korean law.

Also Korea, like America does not allow duel citizenship, so you can't put that one as being a "bad" Korean thing either. However I bet if they did allow duel citizenship, a lot of guys/gals on this board would take the test just so they don't have to worry about visas and so they could teach privates anytime they wanted Razz
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matko



Joined: 16 Jan 2003
Location: in a world of hurt!

PostPosted: Sat Dec 27, 2003 4:42 pm    Post subject: Reply with quote

Actually, you don't have to be fluent in English or French to get Canadian citizenship. I don't know if that is what you are implying, though Confused

I didn't read the articles, but does anyone know if a half Korean/half foreign child born in Korea get automatic citizenship? Also, does it matter whether or not the father or the mother are Korean?

Just curious.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Sat Dec 27, 2003 7:20 pm    Post subject: Prevent foreigners citizenship through contract marriages. Reply with quote

Real Reality wrote:
The National Assembly held a plenary session Friday and passed a revised bill to grant Korean nationality to foreigners whose marital relations were terminated within two years, due to their Korean spouses' death or disappearance.

To prevent foreigners from gaining citizenship through "contract" marriages, the current law stipulates that foreigners who marry Koreans can apply for Korean nationality only if they live in Korea and maintain marital relations for two years. Women's organizations, however, have called for the law to be revised, saying that foreigners are unable to acquire Korean nationality even when their marital relations ended due to their spouses' faults, and that some people have abused the regulation.
http://english.chosun.com/w21data/html/news/200312/200312260020.html

Canada recognizes the legality of marriages performed in other countries. However, marriages performed in Canada may not always be considered legal in other countries. Similarly, divorce and child custody documents issued by Canadian courts may not be recognized.
Second citizenship may result from:
1. an application for citizenship
2. place of birth
3. family connections, including place of birth of one of your parents or even grandparents
4. marriage
5. extended residency
http://www.voyage.gc.ca/main/pubs/dual_citizenship-en.asp

"Immediate relatives" of a U.S. citizen
"Immediate relatives" of a U.S. citizen refers to parents, spouses and children (who are unmarried and under 21 years of age) of a U.S. citizen. Immediate relatives of a U.S. citizen can immigrate to the United States without being subject to any numerical restrictions, unlike other close family members of U.S. citizens and/or permanent residents. Namely, they can apply for the permanent resident status without any waiting time.

Q: Does my divorce affect my status as a conditional permanent resident?
A: Yes. The general rule is that divorce terminates the conditional permanent residence. Nevertheless, in this scenario, it is possible for the alien to obtain a waiver of the termination.

Q: I am a battered spouse of a U.S. citizen. May I file an immigration petition on my own behalf?
A: Yes. To qualify, the alien spouse must:
Be a person of good moral character;
Have entered the marriage in good faith;
Have resided in the U.S. with the citizen spouse;
Have been battered or subjected to extreme cruelty by the citizen spouse.
http://www.hooyou.com/familybased/index.html

If the marriage ends or the US citizen spouse fails to cooperate in the filing of the application, the foreign spouse can file for a waiver. Waivers will be granted if the applicant can show:
- extreme hardship if the applicant is deported or
- the marriage was entered into in good faith and terminated

If the waiver is based on good faith entry into the marriage, the applicant should submit documents showing merged financial assets, length of the time the couple lived together and the grounds for the divorce.
http://www.visalaw.com/96oct/5oct96.html





I like the way it was posted "Prevent foreigners from gaining citizenship through marriage. Then when you read the article you find out it means contract marriage. Just one little word, but it changes the meaning entirely. Real Reality, don't you get tired of selectively picking and chosing articles that put Korea in a bad light? And when these articles don't, don't you get tired of twisting these articles to make them say what you want them to say?

As for those who claim that this is xenophobia, read the article. There are a number of states not just Korea, who have similar laws.

Edited once by Harpeau (clarity to the title), 9:18AM, Monday, Dec. 29, 2003.
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Cthulhu



Joined: 02 Feb 2003

PostPosted: Sat Dec 27, 2003 7:26 pm    Post subject: Reply with quote

Quote:
Real Reality, don't you get tired of selectively picking and chosing articles that put Korea in a bad light? And when these articles don't, don't you get tired of twisting these articles to make them say what you want them to say?


Too true. RR puts some useful articles up from time to time but it's become pretty clear that only articles with a negative slant ever see the light of day here--too much like an ax to grind.
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Gord



Joined: 25 Feb 2003

PostPosted: Sat Dec 27, 2003 7:42 pm    Post subject: Reply with quote

matko wrote:
Actually, you don't have to be fluent in English or French to get Canadian citizenship. I don't know if that is what you are implying, though Confused


Language level is a heavy consideration in the citizenship application. True, it's not required but lacking English or French greatly handicaps a person in being able to qualify.
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matko



Joined: 16 Jan 2003
Location: in a world of hurt!

PostPosted: Sat Dec 27, 2003 7:53 pm    Post subject: Reply with quote

Gord wrote:
matko wrote:
Actually, you don't have to be fluent in English or French to get Canadian citizenship. I don't know if that is what you are implying, though Confused


Language level is a heavy consideration in the citizenship application. True, it's not required but lacking English or French greatly handicaps a person in being able to qualify.


I believe the language requirement is only for those applicants who have zero ties to the country, ie. no family, no wife, no job etc.

Otherwise, it is a non factor.
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funplanet



Joined: 20 Jun 2003
Location: The new Bucheon!

PostPosted: Sat Dec 27, 2003 11:12 pm    Post subject: Reply with quote

Sorry, Mr. Pink...America DOES allow dual citizenship...it has been upheld by the Supreme Court many times and there is no law barring it...people taking the citizenship oath renounce there original citizenship but are, in reality, allowed to keep it if the country of origin allows dual citizenship...

I am a dual citizen (US-Irish) and there are currently millions of Americans with second or even third citizenships...there are currently 14 million outstanding Irish passports, most of those holders are Americans with Irish heritage living in the US..and that doesn't even count the countless others whether Candadian, British, Mexican (Mexico now allows dual citizenship), French, and the list goes on...

so please, before claiming something as fact, be sure to check that it is indeed FACT!
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Ilsanman



Joined: 15 Aug 2003
Location: Bucheon, Korea

PostPosted: Sun Dec 28, 2003 2:03 am    Post subject: yes Reply with quote

In Canada, language is important but money is even more important.
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Homer
Guest




PostPosted: Sun Dec 28, 2003 2:40 pm    Post subject: Reply with quote

Mashi,

It does matter indeed how its done in other countries as it provides little things called perspective and relativism....

By saying its xenophobia then you have to realise that this implies all countries with similar or harsher citizenship laws are by your definition equally xenophobic....

You can't just take one country and isolated something thats not unique to it and then call it worse then another.
That just doesn't fly.
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Mr. Pink



Joined: 21 Oct 2003
Location: China

PostPosted: Sun Dec 28, 2003 3:06 pm    Post subject: Reply with quote

funplanet wrote:
Sorry, Mr. Pink...America DOES allow dual citizenship...it has been upheld by the Supreme Court many times and there is no law barring it...people taking the citizenship oath renounce there original citizenship but are, in reality, allowed to keep it if the country of origin allows dual citizenship...

I am a dual citizen (US-Irish) and there are currently millions of Americans with second or even third citizenships...there are currently 14 million outstanding Irish passports, most of those holders are Americans with Irish heritage living in the US..and that doesn't even count the countless others whether Candadian, British, Mexican (Mexico now allows dual citizenship), French, and the list goes on...

so please, before claiming something as fact, be sure to check that it is indeed FACT!


My father had to choose Canadian or American when he turned 18. They wouldn't let him choose BOTH. That is where I get my facts from.

If something has changed, well I wasn't aware of it. My Korean friend also had to choose American or Korean, and so he renounced his Korean citizenship.


matko wrote:
Actually, you don't have to be fluent in English or French to get Canadian citizenship. I don't know if that is what you are implying, though Confused

I didn't read the articles, but does anyone know if a half Korean/half foreign child born in Korea get automatic citizenship? Also, does it matter whether or not the father or the mother are Korean?

Just curious.


My kid got Korean citizenship automatically. In fact we registered her a week or so after she was born. It takes 6 months for Canadian citizenship to get approved, because she was born in Korea.
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