Acquisition of Nationality by Foreign Nationals | Which Korean Nationality Application Method Suits You? A Summary of Nationality Acquisition Methods

Through the procedure for acquisition of nationality by foreign nationals, you can lawfully acquire nationality of the Republic of Korea.

However, because the Nationality Act involves complex procedures and documents, there are many cases where people who prepare on their own are refused due to incomplete documents or where it takes longer than expected.

In this article, we explain, clearly and simply, everything from the 4 main methods of acquiring nationality by foreign nationals (acknowledgment, naturalization, accompanying acquisition, and reinstatement of nationality) to the conditions, costs, and precautions.

Where do you apply for acquisition of nationality by foreign nationals?

To apply for acquisition of nationality by foreign nationals, you must file the report and application at the following nationality-affairs reception locations.

Among the ways foreign nationals acquire nationality, acquisition of nationality by 'acknowledgment' is a method by which a foreign minor, who was born to a foreign father or mother but whose parents were not married at the time of birth, obtains Korean nationality.

• Age: The person must be a minor under the Civil Act of the Republic of Korea (under 19 years of age).
• Parents' Nationality: The father or mother must have been a national of the Republic of Korea at the time of the person's birth.
• Acknowledgment Procedure: The Korean father or mother must complete the procedure of legally acknowledging "this child is my child" (acknowledgment).

To acquire nationality by acknowledgment, a foreign national must prepare the following documents.

• Report of nationality acquisition to the immigration and foreign nationals office (or an overseas diplomatic mission)
• Documents proving foreign nationality
• Certificate proving the fact of acknowledgment
• Documents proving the parents' nationality at the time of birth

After preparing these documents and filing them with the immigration or foreign nationals office, once the report is accepted, the person acquires Korean nationality immediately.

This is the most representative method by which a person with no blood relationship to Korea can acquire nationality, and it is divided into general naturalization, simplified naturalization, and special naturalization.

① General Naturalization (residence of 5 years or more)

This is the type applied for by an ordinary foreign national who has no connection to Korea.

• Period of residence: Having had a domicile in Korea continuously for 5 years or more
• Status of stay: Already holding permanent residence (F-5 visa)
• Qualifying conditions: Being an adult aged 19 or older, good conduct (no criminal record), ability to maintain a livelihood (assets/skills), and possession of Korean language ability and basic knowledge

② Simplified Naturalization (3 years of residence or naturalization by marriage)

This is a system that reduces the period of residence for a foreign national who has a certain relationship (blood ties, marriage) with Korea.

• Eligible for 3 years of residence: A foreign national whose parent was formerly a Korean national, or a second-generation foreign national born in Korea, etc.
• Naturalization by marriage (where the spouse is Korean):

1. Having continuously resided in Korea for 2 years or more while married to a Korean spouse

2. Having continuously resided in Korea for 1 year or more while married, after 3 years have passed since the marriage

3. Where the marriage was interrupted through no fault of the applicant, such as the death or disappearance of the spouse, but the remaining period has been fulfilled

4. Where the applicant is raising a minor child born of the marital relationship

③ Special Naturalization (relaxation of the residence period condition)

This is a type for talented individuals who have rendered special merit to Korea or who possess outstanding abilities.

• Eligible persons: Children of a Korean parent (excluding adult adoptees), descendants of persons of merit for independence or of national merit, and outstanding talents in specific fields such as science, the economy, culture, and sports
• Characteristics: The residence period and ability-to-maintain-a-livelihood requirements are substantially relaxed or exempted.

Among those wishing to acquire nationality as foreign nationals, some were formerly Korean nationals but lost their Korean nationality upon acquiring a foreign nationality through emigration, study abroad, marriage, and the like, and they may recover Korean nationality again.

This is called reinstatement of nationality, and in this case the person must be able to prove the fact that they were formerly a Korean national.

However, a person who renounced nationality for the purpose of evading military service, a person who caused danger or harm to the state or society (posing danger and causing harm), or a person of poor conduct may be refused reinstatement of nationality (not granted permission).

In addition, accompanying acquisition means applying for nationality acquisition together with a child; if a parent has a minor (under 19 years of age) child when applying for permission of naturalization or reinstatement of nationality, the procedure is carried out together.

In this case, the moment the parent acquires nationality, the child simultaneously acquires Korean nationality without any separate, complex naturalization requirements.