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A Dual Citizenship Question (A Bit Different)

 
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petezjunior



Joined: 22 Sep 2012

PostPosted: Sun Jul 07, 2013 7:21 pm    Post subject: A Dual Citizenship Question (A Bit Different) Reply with quote

I have dual citizenship, obtained it in 2011 while I was studying abroad. I was 20 at the time. I am going to be 22 in a few weeks, and am potentially going to take a teaching contract. I received my military exemption letter in 2012 (I had surgery on my neck/back/brain when I was younger). Long story short, I am level 5, which means I do not need to go to the army once I am in Korea. Therefore, no matter what visa/passport issues I go through, regardless I will not be drafted.

My question is: The person who wants to hire me is insisting that I will be applying for a F-4 visa upon arrival in Seoul. I don't understand this. As a Korean citizen and US citizen, do I need to apply for an F-4? Is she mistaken? I should be hired as a Korean citizen right?
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tob55



Joined: 29 Apr 2007

PostPosted: Sun Jul 07, 2013 7:54 pm    Post subject: Re: A Dual Citizenship Question (A Bit Different) Reply with quote

petezjunior wrote:
I have dual citizenship, obtained it in 2011 while I was studying abroad. I was 20 at the time. I am going to be 22 in a few weeks, and am potentially going to take a teaching contract. I received my military exemption letter in 2012 (I had surgery on my neck/back/brain when I was younger). Long story short, I am level 5, which means I do not need to go to the army once I am in Korea. Therefore, no matter what visa/passport issues I go through, regardless I will not be drafted.

My question is: The person who wants to hire me is insisting that I will be applying for a F-4 visa upon arrival in Seoul. I don't understand this. As a Korean citizen and US citizen, do I need to apply for an F-4? Is she mistaken? I should be hired as a Korean citizen right?


IF you are allowed to keep your dual citizenship for medical reasons, then the employer should be hiring you as a Korean citizen from what I understand. The fact that you are a citizen of an English speaking country should also fulfill the requirement to hire a native speaker. That is my take on it, and most likely your potential employer is in the dark as to the rules. The only question I have would be in regard to you keeping your Korean citizenship as a natural born Korean citizen. My daughter is a dual citizen by virtue of her birth here and the fact that I am an American citizen as well. So when she is 18 years old she will have to make a decision of which nationality to keep from what I have been told. Your situation appears different, so you will have to speak with immigration directly about this as they will be the ones to make the final determination. My wife on the other hand, if she was to receive her U.S. citiznship would be required to renounce her Korean citizenship, since Korea does not allow for its natural born citizens to keep both citizenships. This may be different for younger generations of natural born Koreans, but I am unaware of any law change since the birth of my daughter less than two years ago, and I DO try to keep up to date with this particular issue. Good luck, and I wish you well. Cool
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petezjunior



Joined: 22 Sep 2012

PostPosted: Sun Jul 07, 2013 8:49 pm    Post subject: Re: A Dual Citizenship Question (A Bit Different) Reply with quote

tob55 wrote:
petezjunior wrote:
I have dual citizenship, obtained it in 2011 while I was studying abroad. I was 20 at the time. I am going to be 22 in a few weeks, and am potentially going to take a teaching contract. I received my military exemption letter in 2012 (I had surgery on my neck/back/brain when I was younger). Long story short, I am level 5, which means I do not need to go to the army once I am in Korea. Therefore, no matter what visa/passport issues I go through, regardless I will not be drafted.

My question is: The person who wants to hire me is insisting that I will be applying for a F-4 visa upon arrival in Seoul. I don't understand this. As a Korean citizen and US citizen, do I need to apply for an F-4? Is she mistaken? I should be hired as a Korean citizen right?


IF you are allowed to keep your dual citizenship for medical reasons, then the employer should be hiring you as a Korean citizen from what I understand. The fact that you are a citizen of an English speaking country should also fulfill the requirement to hire a native speaker. That is my take on it, and most likely your potential employer is in the dark as to the rules. The only question I have would be in regard to you keeping your Korean citizenship as a natural born Korean citizen. My daughter is a dual citizen by virtue of her birth here and the fact that I am an American citizen as well. So when she is 18 years old she will have to make a decision of which nationality to keep from what I have been told. Your situation appears different, so you will have to speak with immigration directly about this as they will be the ones to make the final determination. My wife on the other hand, if she was to receive her U.S. citiznship would be required to renounce her Korean citizenship, since Korea does not allow for its natural born citizens to keep both citizenships. This may be different for younger generations of natural born Koreans, but I am unaware of any law change since the birth of my daughter less than two years ago, and I DO try to keep up to date with this particular issue. Good luck, and I wish you well. Cool



Sorry if I did not make this clear, but I was born and raised in the states. I received my Korean citizenship in 2011.
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T-J



Joined: 10 Oct 2008
Location: Seoul EunpyungGu Yeonsinnae

PostPosted: Mon Jul 08, 2013 1:36 am    Post subject: Re: A Dual Citizenship Question (A Bit Different) Reply with quote

tob55 wrote:

My daughter is a dual citizen by virtue of her birth here and the fact that I am an American citizen as well. So when she is 18 years old she will have to make a decision of which nationality to keep from what I have been told.



As I understand it:

Children with one foreign parent also qualify for dual citizenship with two stipulations. One, that they sign an oath to not exercise their rights as a foreigner while residing in Korea and two, males must complete military service.

*edit- this apparently applies to children who obtain dual nationality by being born overseas, with an additional stipulation that the time overseas can be proven to be work or study related to exclude "anchor babies".


sources:

http://www.korealaw.com/sub/information/boardView.asp?brdIdx=80&mode=view&brdId=legal

http://www.koreatimes.co.kr/www/news/nation/2011/04/117_78536.html
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