“Is It Just About the Income Requirement?” Court Ruling on Marriage Immigration Visa Denial
What if your marriage immigration visa gets denied solely due to a lack of income? “You’re telling me I have to leave my spouse and child behind?” This is a heart-wrenching reality faced by many marriage immigration applicants. Particularly, cases of denied residency changes due to unmet income criteria are all too common. However, a recent court ruling stated that “merely dismissing humanitarian circumstances based on income requirements is unlawful.” In this article, we’ll share a case where an individual, having their marriage immigration residency application denied, turned the tide with legal support and won their case. By the end, you might wonder, “Could I potentially receive relief as well?”
A’s Journey from Undocumented Status to Marriage Immigration Application
A entered South Korea in 2013 as a fishing boat crew member but overstayed his visa, becoming undocumented. He subsequently married a South Korean national and applied for a change to marriage immigration status (F-6). Unfortunately, the immigration authorities denied his application, citing “insufficient income” as the reason. They pointed out that he had no reported income to the National Tax Service and claimed that his undocumented status disqualified him from changing his residency status altogether.
However, the circumstances were anything but typical. A supported a spouse suffering from a severe illness and their minor child while working in agriculture, which provided him a steady income. While he couldn’t report his income to the tax authorities, he was indeed the sole breadwinner of his household. The refusal to change his residency status based solely on unmet income requirements was an overly formalistic decision.
Court’s Verdict: “Income Requirement Is Not Absolute”
The Gwangju District Court made it clear with its ruling:
“The income requirement under the Immigration Control Act serves merely as an auxiliary factor in assessing the authenticity of the marriage and the likelihood of a stable marriage life.”
Even if A’s family income fell short of the threshold, considering the humanitarian circumstances made it hard to deny the possibility of a normal married life. Essentially, being below a numerical threshold does not justify a blanket denial of marriage immigration status. Consequently, the court ruled that the immigration authorities had overstepped their discretionary powers and canceled the decision to deny the residency status change.
Marriage Immigration Status: What’s Genuine in Marriage?
This case emphasizes that the crucial aspect of the residency assessment is not just the income figures but whether the family genuinely lives together and shares financial responsibilities.
Important Steps to Take
1️⃣ When applying for a marriage immigration (F-6) status, if proving your income is challenging, be sure to gather documentation that accurately reflects your actual income (like agricultural sales, transaction records, etc.) and consult with a professional for preparation and submission.
2️⃣ If your spouse or child has conditions requiring protection, such as illness, disability, or being a minor, make sure to highlight these humanitarian factors strongly in your application.
3️⃣ Even if you are undocumented, if there is a clear intention to maintain a genuine marital relationship and family life, there may be avenues for relief.
If you need more specific advice, feel free to apply for a one-on-one consultation through the link below.
👉 Schedule a Consultation for Changing Marriage Immigration Status