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DUAL CITIZENSHIP ISSUE
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chaotic_quixotic



Joined: 27 Oct 2012

PostPosted: Tue Aug 13, 2013 11:05 am    Post subject: Reply with quote

Okay, let me break it down for you, YTMND.

The Nationality Act regarding Overseas Koreans has changed. The new law states that if the person in question was born AFTER May 1988 to a Korean father with Korean citizenship at the time, the person CANNOT get ANY visa, E2 or F4, because they technically have Korean citizenship due to that paternal link. Their foreign nationality is not recognized in Korea.

Fine.

HOWEVER, because the law is very vague (it's literally only one sentence), the consulates, embassies, and immigration offices in Korea do not know how a person can get the said Korean citizenship. In fact, it's incredibly complicated to get this Korean citizenship. As a result, Overseas Koreans are being rejected for work in Korea. Which is quite ironic because this law was made so it can be EASIER for Overseas Koreans to come back to the motherland. Instead, it blocks them from coming to Korea for work.

gxlee002, the fact that your father became a naturalized citizen BEFORE you were born may help your case. But your father has to officially renounce his Korean citizenship through the embassy or consulate in order for you to get any visa. It was previously thought that if you became naturalized to a foreign country, your Korean citizenship is automatically invalid because Korea did not allow dual citizenship. But no that dual citizenship has recently been allowed, Korean old timers who became naturalized are now finding that they have to officially renounce it with paperwork. This was the case of my mother.

Once your father renounces his citizenship, then you are seen as a "complete" foreigner to the eyes of the Korean government.

It's utter bull, but that's the way the cookie crumbles. I had incredible trouble because my father did not become a naturalized citizen (insert eye roll) but with great effort on my part, I managed to get over to Korea on an E2 visa. I also had much trouble getting my Alien Registration Card but after the immigration office phoned the higher ups because "they didn't know how to deal with me" accordance to this new spectacular law, they gave the ARC to me because "the Korean government is too lazy to trace your Korean citizenship." Great work, ROK.

The process of renouncing the Korean citizenship at the consulate is a relatively easy process but it'll take some time. I'd say about 3 months. If you're already in Korea, you can file this online petition about the problem at:

https://www.epeople.go.kr/jsp/user/on/eng/FrnPcCvreqForm.jsp

Hopefully, when the Ministry of Justice notices the rising problem regarding this new law, they'll change it asap. Immigration laws change all the time anyway in ROK. Good luck to you.
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