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Jake_Kim
Joined: 27 Aug 2005
Location: Seoul
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 Posted: Sun Oct 12, 2014 9:06 am Post subject: Re: Citizenship confusion - help would be appreciated! |
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| UKKOR wrote: |
Hi there are many points to your reply which I would like to clarify.
Firstly- You say that my parents Korean passport was extinguished automatically after they got a UK passport. But they still use it all the time without any problem. So what does that mean? Plus if their passports are no longer valid does that mean that on my Hojuk/ family registry, they will only appear as British citizens? Must they renounce their passport?
Secondly- I am 21! I turn 22 in a month (November). So that means I still have my citizenship?
Thank you so much for your comment, I really appreciate your help |
With all due respect, that means your parents have been consistently violating all the relevant Korean laws so far. With or without knowledge, deliberate or not, that I can't tell. And apparently, Korean Immigration has failed to take note of their unlawful use of their should-be-void Korean passport. However, your parents wouldn't be the first, or the last, former citizens to do so.
I direct you to this article: http://koreanbizjournal.com/web/?p=9524 if you can read Korean. As noted in this article, currently there is no mechanism employed by the Korean government to filter out and sanction those who obtain foreign citizenship yet fail to renounce Korean citizenship, hence the exploitation.
Regardless, the fact that your parents have been using Korean passports after obtaining UK citizenship implies that they did not formally renounce their (and your) Korean citizenship, which automatically means they had not submitted any deferral request on your behalf within 6 months of YOUR obtaining UK citizenship as a dependent minor.
Therefore, technically and as far as Korean law is concerned, you CANNOT be holding dual citizenship even though you're a female and you haven't reached 22 yet. You simply have lost your Korean citizenship retrospectively when you were 4 years old, there is no choice for you to make next year since it was already foregone. |
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UKKOR
Joined: 05 Oct 2014
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| Posted: Sun Oct 12, 2014 9:35 am Post subject: Re: Citizenship confusion - help would be appreciated! |
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| Jake_Kim wrote: |
With all due respect, that means your parents have been consistently violating all the relevant Korean laws so far. With or without knowledge, deliberate or not, that I can't tell. And apparently, Korean Immigration has failed to take note of their unlawful use of their should-be-void Korean passport. However, your parents wouldn't be the first, or the last, former citizens to do so.
I direct you to this article: http://koreanbizjournal.com/web/?p=9524 if you can read Korean. As noted in this article, currently there is no mechanism employed by the Korean government to filter out and sanction those who obtain foreign citizenship yet fail to renounce Korean citizenship, hence the exploitation.
Regardless, the fact that your parents have been using Korean passports after obtaining UK citizenship implies that they did not formally renounce their (and your) Korean citizenship, which automatically means they had not submitted any deferral request on your behalf within 6 months of YOUR obtaining UK citizenship as a dependent minor.
Therefore, technically and as far as Korean law is concerned, you CANNOT be holding dual citizenship even though you're a female and you haven't reached 22 yet. You simply have lost your Korean citizenship retrospectively when you were 4 years old, there is no choice for you to make next year since it was already foregone. |
I see. Thanks for clearing some stuff up. It's so difficult because I am being told different things.
So since I have lost my Korean citizenship (according to what you have said) you say that I should apply for f4 visa. In the application process of my f4 I need to renounce my citizenship. So...how do I renounce my Korean citizenship if I don't have one?
Or do I not need to renounce anything? As my passport is invalid anyway?
(in other words...do I go through the long process of giving up something I don't have or just assume I never had it and apply for f4)
Very much appreciated |
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Jake_Kim
Joined: 27 Aug 2005
Location: Seoul
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| Posted: Sun Oct 12, 2014 4:20 pm Post subject: Re: Citizenship confusion - help would be appreciated! |
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| UKKOR wrote: |
I see. Thanks for clearing some stuff up. It's so difficult because I am being told different things.
So since I have lost my Korean citizenship (according to what you have said) you say that I should apply for f4 visa. In the application process of my f4 I need to renounce my citizenship. So...how do I renounce my Korean citizenship if I don't have one?
Or do I not need to renounce anything? As my passport is invalid anyway?
(in other words...do I go through the long process of giving up something I don't have or just assume I never had it and apply for f4)
Very much appreciated |
The previous link of Korean Immigration that I had provided shows you the outline of renouncement process, which is also on the website of the Korean Embassy in the United Kingdom at http://gbr.mofa.go.kr/korean/eu/gbr/consul/family/index.jsp, public notice #16. |
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