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chungbukdo
Joined: 22 Aug 2010
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 Posted: Thu Aug 11, 2011 11:06 pm Post subject: New Dual Citizen Law |
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| Does this mean that if we get married, our wives/husbands can hold both Korean and Canadian citizenship / Korean and American citizenship / what have you? Or do they still have to give up their Korean citizenship if they want a Canadian one? |
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nick70100
Joined: 09 Sep 2005
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| Posted: Thu Aug 11, 2011 11:59 pm Post subject: |
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The new law that went into effect this year does allow dual citizenship for Koreans married to foreigners and foreigners married to Koreans. However, neither is automatic when you get married.
For you to obtain Korean citizenship you will have to reside in Korea at least two years after marriage and then pass a written test, interview, and background check (the whole process often takes more than 6 months).
For your Korean spouse to obtain Canadian citizenship you will have to reside in Canada long enough to obtain permanent residency and then apply for citizenship.
If you have any children they can be dual citizens from birth. Male children must serve in the military or give up Korean citizenship. |
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theloneleaf
Joined: 08 Aug 2011
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| Posted: Fri Aug 12, 2011 12:01 am Post subject: |
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The citizenship law was brought in to make it easier for Koreans and others to come and live in Korea, I'm not sure if they let Koreans who go abroad and take other citizenships retain theirs or not.
That said, Korean citizenship is far easier to obtain than Canadian citizenship. |
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T-J
Joined: 10 Oct 2008
Location: Seoul EunpyungGu Yeonsinnae
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| Posted: Fri Aug 12, 2011 12:13 am Post subject: |
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| nick70100 wrote: |
The new law that went into effect this year does allow dual citizenship for Koreans married to foreigners and foreigners married to Koreans. However, neither is automatic when you get married.
For you to obtain Korean citizenship you will have to reside in Korea at least two years after marriage and then pass a written test, interview, and background check (the whole process often takes more than 6 months).
For your Korean spouse to obtain Canadian citizenship you will have to reside in Canada long enough to obtain permanent residency and then apply for citizenship.
If you have any children they can be dual citizens from birth. Male children must serve in the military or give up Korean citizenship. |
Close.
Two years residence in Korea is required if you have been married less than three years. If you have been married for more than three years only one year Korean residence is required.
Also no written test is required for naturalization through marriage. Even the interview can be waived if the cultural / language course is taken.
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Aug 12, 2011 1:40 am Post subject: |
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| nick70100 wrote: |
| For your Korean spouse to obtain Canadian citizenship you will have to reside in Canada long enough to obtain permanent residency and then apply for citizenship. |
Spouses who enter Canada on a spousal (family class) visa are automatically granted PR status on landing.
There is (or was) a 5 year wait (after landing) and some paperwork to obtain citizenship. Citizenship is neither required nor automatic but is an option for those who hold PR status and wish to obtain Citizenship.
It is VASTLY different (and much faster/easier) than the process going to the States as a wife or fiancee.
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Swampfox10mm
Joined: 24 Mar 2011
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| Posted: Fri Aug 12, 2011 3:45 am Post subject: |
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| Could becoming a Korean citizen be considered a negative tax-wise? |
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T-J
Joined: 10 Oct 2008
Location: Seoul EunpyungGu Yeonsinnae
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| Posted: Fri Aug 12, 2011 4:11 am Post subject: |
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| Swampfox10mm wrote: |
| Could becoming a Korean citizen be considered a negative tax-wise? |
Not since the removed the 30% exclusion for foreigners. We already pay the same taxes, in most cases.
The exception being if you elect the 15% tax.
The 15% option is not open to Korean nationals.
But to opt for the 15% flat option you would have to be making some serious coin....
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2 Based on our estimate, the annual threshold income for the flat-tax rate election is approximately KRW 110 million or higher for a single taxpayer. However, this figure may vary widely depending on one�s personal tax situation.
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http://www.news.totallyexpat.com/south-korea-and-tax-law-changes-for-2010/ |
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Koreadays
Joined: 20 May 2008
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| Posted: Fri Aug 12, 2011 4:22 am Post subject: |
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| T-J wrote: |
| Swampfox10mm wrote: |
| Could becoming a Korean citizen be considered a negative tax-wise? |
Not since the removed the 30% exclusion for foreigners. We already pay the same taxes, in most cases.
The exception being if you elect the 15% tax.
The 15% option is not open to Korean nationals.
But to opt for the 15% flat option you would have to be making some serious coin....
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2 Based on our estimate, the annual threshold income for the flat-tax rate election is approximately KRW 110 million or higher for a single taxpayer. However, this figure may vary widely depending on one�s personal tax situation.
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http://www.news.totallyexpat.com/south-korea-and-tax-law-changes-for-2010/ |
teachers pay 3.3% don't they? |
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T-J
Joined: 10 Oct 2008
Location: Seoul EunpyungGu Yeonsinnae
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| Posted: Fri Aug 12, 2011 4:39 am Post subject: |
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If you are only paying 3.3% it is because you are hired as an independent contractor. That's the good news. The bad news....
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Some employers are not registering E-2 VISA holders as employee but as independent contractors with the National Tax Service (NTS). If the E-2 VISA holder is not registered as an employee with NTS, they are not entitled to Health Care or Pension.
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http://www.k-labor.com/tiki-index.php?page=Korean+Labor+Law+for+E-2+Visa+Holders |
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chungbukdo
Joined: 22 Aug 2010
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| Posted: Fri Aug 12, 2011 2:54 pm Post subject: |
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| nick70100 wrote: |
For you to obtain Korean citizenship you will have to reside in Korea at least two years after marriage and then pass a written test, interview, and background check (the whole process often takes more than 6 months).
For your Korean spouse to obtain Canadian citizenship you will have to reside in Canada long enough to obtain permanent residency and then apply for citizenship.
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Thank you. I was just wondering about my Korean partner, not myself. I don't think I really need Korean citizenship that much since there are long term visas that confer many of the same work opportunities.
It might be nice to have a second passport though. Are young men who become Korean citizens conscripted into the military?
Last question, does the dual citizenship law for Koreans only apply if they get married? What if they enter into a citizenship program in another country, as an adult? (We are talking about living in a place that is neither her nor my country of origin). And I'm guessing there isn't anything written about barring 3 citizenships, since you don't have to bring that up. |
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Captain Corea
Joined: 28 Feb 2005
Location: Seoul
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| Posted: Fri Aug 12, 2011 3:39 pm Post subject: |
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| ttompatz wrote: |
| nick70100 wrote: |
| For your Korean spouse to obtain Canadian citizenship you will have to reside in Canada long enough to obtain permanent residency and then apply for citizenship. |
Spouses who enter Canada on a spousal (family class) visa are automatically granted PR status on landing.
There is (or was) a 5 year wait (after landing) and some paperwork to obtain citizenship. Citizenship is neither required nor automatic but is an option for those who hold PR status and wish to obtain Citizenship.
It is VASTLY different (and much faster/easier) than the process going to the States as a wife or fiancee.
. |
Tom, I've got to ask - where are ya getting this from? I know from personal experience that you have to apply for the Spousal Visa
Have known people to just show up with a spouse and receive one?
Edit: I'm an idiot. I just re-read your post and I confused the wording. Sorry man.
Yeah, basically the spousal visa is PR status... with all of the obligations that come with it. |
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Okibum
Joined: 28 Jul 2006
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| Posted: Sat Aug 13, 2011 2:27 am Post subject: |
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| nick70100 wrote: |
For your Korean spouse to obtain Canadian citizenship you will have to reside in Canada long enough to obtain permanent residency and then apply for citizenship.
If you have any children they can be dual citizens from birth. Male children must serve in the military or give up Korean citizenship. |
Where can I find more information about this? My husband received his green card (permanent residency) this year but doesn't want to apply for US citizenship because he doesn't want to give up his Korean citizenship. He already did his military time years ago. I have googled but can't find any information except for Korean adoptees or foreigners that want Korean citizenship. I am not interested in that. |
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nermko
Joined: 28 Jul 2009
Location: gunpo
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| Posted: Thu Aug 18, 2011 5:52 am Post subject: |
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Hi, I'm wondering if any of you are overseas Koreans who applied for their Korean citizenship (or in my case, simplified naturalization).
I went to both immigration offices (Suwon and Mokdong) today with my aunt and they basically told me that I couldn't apply without giving up my American status. They said it is only possible if I get married to a Korean.
Thoughts? |
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nick70100
Joined: 09 Sep 2005
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| Posted: Thu Aug 18, 2011 5:58 am Post subject: |
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| nermko wrote: |
Hi, I'm wondering if any of you are overseas Koreans who applied for their Korean citizenship (or in my case, simplified naturalization).
I went to both immigration offices (Suwon and Mokdong) today with my aunt and they basically told me that I couldn't apply without giving up my American status. They said it is only possible if I get married to a Korean.
Thoughts? |
They're right. The law only allows dual citizenship for...
1. Foreign nationals married to a Korean citizen
2. Children with one Korean and one foreign parent
3. Foreigners over 65 years of age who wish to retire in Korea
4. Foreigners who have made major contributions to Korean society (determined by the Ministry of Justice)
If you don't fit one of those requirements you may still become a Korean citizen, but you must give up your original citizenship. |
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nermko
Joined: 28 Jul 2009
Location: gunpo
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| Posted: Thu Aug 18, 2011 6:20 am Post subject: |
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[quote="nick70100"][quote="nermko"]Hi, I'm wondering if any of you are overseas Koreans who applied for their Korean citizenship (or in my case, simplified naturalization).
I went to both immigration offices (Suwon and Mokdong) today with my aunt and they basically told me that I couldn't apply without giving up my American status. They said it is only possible if I get married to a Korean.
Thoughts?[/quote]
They're right. The law only allows dual citizenship for...
1. Foreign nationals married to a Korean citizen
2. Children with one Korean and one foreign parent
3. Foreigners over 65 years of age who wish to retire in Korea
4. Foreigners who have made major contributions to Korean society (determined by the Ministry of Justice)
If you don't fit one of those requirements you may still become a Korean citizen, but you must give up your original citizenship.[/quote]
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I guess that makes sense. My mom gave up her Korean nationality three months before I was born. Thank you for the info. |
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