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Immigration: Above the Law?
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Who's Your Daddy?



Joined: 30 May 2010
Location: Victoria, Canada.

PostPosted: Wed Aug 04, 2010 4:24 pm    Post subject: Immigration: Above the Law? Reply with quote

High court rules gov�t can deny citizenship

August 04, 2010
The Supreme Court has ruled that the Justice Ministry holds authority over denying citizenship to foreigners even if they meet necessary legal requirements, court officials said yesterday.

An ethnic Korean man living in China, identified only by his surname Kim, entered South Korea on a 60-day F-1 visitor's visa in 2003 but could not leave the country after suffering a stroke.

He has remained here ever since and sought to become a naturalized Korean citizen in 2008. According to Korean laws, a foreigner residing in the country for at least three years can apply for Korean citizenship.

The Ministry of Justice, however, refused to accept his request, and Kim brought a lawsuit before the court.

"The Nationality Act does not mean that the ministry must grant citizenship to a foreigner who meets the requirements, and it cannot be concluded that the foreigner obtained the right to be granted Korean nationality," the court said in a verdict.

A lower court had ruled in favor of the plaintiff, ordering that the Justice Ministry approve Kim's request.


Yonhap.

http://joongangdaily.joins.com/article/view.asp?aid=2924137
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Captain Corea



Joined: 28 Feb 2005
Location: Seoul

PostPosted: Wed Aug 04, 2010 4:35 pm    Post subject: Re: Immigration: Above the Law? Reply with quote

Who's Your Daddy? wrote:
According to Korean laws, a foreigner residing in the country for at least three years can apply for Korean citizenship.


They can apply - but it doens't mean they'l get it.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Aug 04, 2010 5:09 pm    Post subject: Reply with quote

No surprise there.

Speaking from first hand, personal experience you can rest assured that unless you are married to a Korean, or you are a famous soccer coach who led the Korean team in the 2002 world cup or won the MVP in a Superbowl game the chances of success in an application for permanent residence or naturalization are very nearly "0".

Your basic grubby ESL teacher has about the same chance as a snowball in Hades.

.
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BoholDiver



Joined: 03 Oct 2009
Location: Canada

PostPosted: Thu Aug 05, 2010 12:02 am    Post subject: Reply with quote

I don't advocate favortism or anything like that, but people need to realize that immigration is a privilege, not a right.
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WadRUG'naDoo



Joined: 15 Jun 2010
Location: Shanghai

PostPosted: Thu Aug 05, 2010 2:24 am    Post subject: Reply with quote

Damn! There goes my plan.
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sojusucks



Joined: 31 May 2008

PostPosted: Thu Aug 05, 2010 2:56 am    Post subject: Reply with quote

But what do Koreans DEMAND from other countries?
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PatrickGHBusan



Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -

PostPosted: Thu Aug 05, 2010 4:40 am    Post subject: Reply with quote

BoholDiver wrote:
I don't advocate favortism or anything like that, but people need to realize that immigration is a privilege, not a right.


Dead on.
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T-J



Joined: 10 Oct 2008
Location: Seoul EunpyungGu Yeonsinnae

PostPosted: Thu Aug 05, 2010 5:04 am    Post subject: Reply with quote

PatrickGHBusan wrote:
BoholDiver wrote:
I don't advocate favortism or anything like that, but people need to realize that immigration is a privilege, not a right.


Dead on.


Now if we could only get the politicians in Washington to understand that, we would be all set.
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brier



Joined: 14 Dec 2009

PostPosted: Thu Aug 05, 2010 6:04 am    Post subject: Reply with quote

ttompatz wrote:
No surprise there.

Speaking from first hand, personal experience you can rest assured that unless you are married to a Korean, or you are a famous soccer coach who led the Korean team in the 2002 world cup or won the MVP in a Superbowl game the chances of success in an application for permanent residence or naturalization are very nearly "0".

Your basic grubby ESL teacher has about the same chance as a snowball in Hades.

.


I hear you. I'm married to an ethnic Korean woman from china. We have a son (half Korean) who was born here in the Republic, and I have lived here for over fourteen years. Immigration dictates that there is no chance for anything better for my family and my E-2, wife and child on an F-3. For all the print spilled in the newspapers about Koreans changing their attitudes towards foreigners, what really needs to change are the laws.
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BoholDiver



Joined: 03 Oct 2009
Location: Canada

PostPosted: Thu Aug 05, 2010 6:08 am    Post subject: Reply with quote

I have heard Koreans screaming racism for rejecting visas for them. But I'd say that's a minority opinion.

The cheeky part is Koreans wanting to emigrate or hold another country's passport but at the same time rejecting the idea for Korea to open their doors to immigration. A slightly more popular opinion.

sojusucks wrote:
But what do Koreans DEMAND from other countries?
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cdninkorea



Joined: 27 Jan 2006
Location: Seoul

PostPosted: Thu Aug 05, 2010 6:09 am    Post subject: Reply with quote

T-J wrote:
PatrickGHBusan wrote:
BoholDiver wrote:
I don't advocate favortism or anything like that, but people need to realize that immigration is a privilege, not a right.


Dead on.


Now if we could only get the politicians in Washington to understand that, we would be all set.

I actually disagree with you guys. I think immigration should be, with the exception of terrorists, contagious disease carriers, etc, completely open.
I could state why, but these two links articulate my point far better than I can:

Link 1
Link 2

Besides that, it used to be the way of America (check the sign on the Statue of Liberty for reference) and it did them a lot of good.
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misher



Joined: 14 Oct 2008

PostPosted: Thu Aug 05, 2010 7:47 am    Post subject: Reply with quote

I'm completely torn on the issue. On one hand, if Korea doesn't want to let anyone have equal rights that is not "pure blood" I say that is their choice. Their country, their rules and as a guest in their country I am going to respect those rules. I didn't have to come here. On the other hand South Korea is reaping the benefits of a global economy and for them to deny people just because they look different or have another language as a mother tongue grates me a bit because I know many Koreans in Vancouver that have complained about Canada's racist immigration system many times as it is their "right" to immigrate to Canada.

Quote:
No surprise there.

Speaking from first hand, personal experience you can rest assured that unless you are married to a Korean, or you are a famous soccer coach who led the Korean team in the 2002 world cup or won the MVP in a Superbowl game the chances of success in an application for permanent residence or naturalization are very nearly "0".

Your basic grubby ESL teacher has about the same chance as a snowball in Hades.


Tompatz I seriously hope you are wrong on this one. Not for my sake but because I know of a few waegookin guys married to Korean Chinese women that are BANKING on getting that golden F series visa through the points system. Both of them surpass the 80 point mark with ease. It would be a shame if they were denied because living in Korea for the next 20 years on an E-2 would be hell.
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PatrickGHBusan



Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -

PostPosted: Thu Aug 05, 2010 8:10 am    Post subject: Reply with quote

It is not your right to immigrate anywhere.

It is an OPTION that will come with REQUIREMENTS.

An open immigration policy is no longer possible today due to many factors, namely health issues and economic issues.

Canada is a good example of this selection process as it is pretty selective. The economic argument prevails for canadian immigration except for the few refugees that are allowed into the country.

Canadian immigration focuses on skilled labor or business investors. That is a national policy choice and not an individual rights issue. When you eliminate cases where immigrants are sponsored by a canadian citizen, you see that Canada wants to welcome people who will not be a fiscal burden. Again, a political and economical choice.

There are rules and restrictions that guide how and if someone can become a resident and then a citizen.

Korea has almost no immigration history and is in the category of countries that has a near homogenous population (ethnically speaking). Immigration will be forced upon Korea (and other such countries like Japan) due to the hard facts of demographics.
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laguna



Joined: 27 Jun 2010

PostPosted: Thu Aug 05, 2010 8:59 am    Post subject: Reply with quote

BoholDiver wrote:
I don't advocate favortism or anything like that, but people need to realize that immigration is a privilege, not a right.


Exactly, this is their land, not ours.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Aug 05, 2010 10:24 am    Post subject: Reply with quote

misher wrote:
I'm completely torn on the issue. On one hand, if Korea doesn't want to let anyone have equal rights that is not "pure blood" I say that is their choice. Their country, their rules and as a guest in their country I am going to respect those rules. I didn't have to come here. On the other hand South Korea is reaping the benefits of a global economy and for them to deny people just because they look different or have another language as a mother tongue grates me a bit because I know many Koreans in Vancouver that have complained about Canada's racist immigration system many times as it is their "right" to immigrate to Canada.

Quote:
No surprise there.

Speaking from first hand, personal experience you can rest assured that unless you are married to a Korean, or you are a famous soccer coach who led the Korean team in the 2002 world cup or won the MVP in a Superbowl game the chances of success in an application for permanent residence or naturalization are very nearly "0".

Your basic grubby ESL teacher has about the same chance as a snowball in Hades.


Tompatz I seriously hope you are wrong on this one. Not for my sake but because I know of a few waegookin guys married to Korean Chinese women that are BANKING on getting that golden F series visa through the points system. Both of them surpass the 80 point mark with ease. It would be a shame if they were denied because living in Korea for the next 20 years on an E-2 would be hell.


Quote:
Speaking from first hand, personal experience


It wasn't conjecture... it has been my personal experience.

.
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