Legalization Process for Marriage Visas (F6) for Undocumented Immigrants: Real-Life Cases
In South Korea, a significant number of undocumented immigrants, who have lost their legal status for various reasons, exist. These situations range from illegal entry and the use of fake passports to unauthorized employment and overstaying visas. According to statistics from the Ministry of Justice, tens of thousands of individuals undergo either enforcement actions or voluntary departure procedures each year. When these undocumented individuals decide to marry a Korean after building a serious relationship, the most significant hurdle they face is legalizing their residency status. Given that the marriage visa (F6) is a crucial system for foreigners to reside legally and form families in Korea, it is essential to understand the procedures and requirements accurately.
Typical Procedures for Undocumented Immigrants
In principle, undocumented immigrants cannot immediately obtain legal status while still in South Korea. Generally, the most straightforward route involves voluntarily departing to their home country or returning after enforcement or forced repatriation, followed by obtaining a visa through the appropriate consulate. During this process, paying any outstanding fines is mandatory; failing to do so can result in a permanent ban on re-entry into the country. However, in the case of voluntary departure, fines or periods of re-entry restrictions may be reduced through immigration violation assessments. According to Article 105 of the Immigration Control Act, if an individual summoned for an immigration violation fails to pay their fines within 15 days, they may face prosecution.
Special Voluntary Departure Program for Undocumented Immigrants
To address the issue of undocumented immigrants, the Ministry of Justice regularly implements a “Special Voluntary Departure Program.” While this program is referred to as regular, it does not have a fixed schedule; rather, the Ministry determines the timing and announces it as needed. As of now, no specific dates have been released. During the announced period, individuals who voluntarily report and leave will benefit from deferred re-entry bans or fine exemptions. This initiative encourages foreigners who may need to re-enter South Korea to do so with legal status.
Humanitarian Exceptions for Pregnancy and Childbirth
Typically, marriage visa applications should be submitted from the applicant’s home country. However, as an exception, if a foreign spouse is pregnant or has recently given birth, they can apply for the marriage visa (F6) directly within South Korea. This provision takes humanitarian circumstances into account, allowing the fine to be paid domestically and some requirements to be waived. After completing the marriage registration, the spouse can apply for a change of residency status at the local immigration office, where the fact of pregnancy or childbirth plays a crucial role in the review process. However, if there is still a significant amount of time remaining until delivery, changing to an F6 visa may not be permitted within Korea.
Marriage Registration and Visa Application Process
To apply for a marriage visa, the first requirement is to legally register the marriage. Even when in an undocumented status, individuals can independently file for marriage registration, which is not directly linked to enforcement actions. Therefore, after proving their legal marital status through registration, they should apply for the F6 visa at the appropriate consulate or immigration office.
Case Study: Successful Legalization of a Thai Undocumented Immigrant
In a real-life scenario, a Thai woman, identified as Ms. B, discovered she was pregnant while dating a Korean man, Mr. A. With no special voluntary departure program in effect at the time, the couple decided to pay the required fines in Korea and proceeded with the application process for the F6 visa. After renewing her passport and completing the marriage registration in both countries, Ms. B received approval for her F6 visa after about three months of scrutiny, allowing her to reside in Korea legally. This case serves as an important example of how humanitarian grounds can potentially pave the way for legalization even amidst undocumented status.
Navigating the complex procedures and requirements for undocumented immigrants seeking to reside legally in South Korea through marriage is no small feat. Given the various variables involved—voluntary departure, fines, special programs, and circumstances such as pregnancy—consulting a professional is crucial. Legalizing residency through marriage is not just a visa issue; it directly impacts the future of families. Therefore, seeking the assistance of an experienced immigration lawyer or consultant is a wise choice.
This information reflects the situation as of the date of writing, and government policies may change over time. Additionally, this content serves to inform and does not provide legal interpretation or judgments.