“Is It Just the Income Requirement?” Court Ruling on Marriage Migration Status Change Denial
What if your application for a marriage migration visa was denied solely for not meeting the income requirement? The thought of leaving your spouse and children behind is heartbreaking. Unfortunately, this is a reality faced by many applicants for marriage migration. Cases where status change is denied due to insufficient income are not uncommon. However, a recent court ruling has established that simply ignoring humanitarian considerations when denying the income requirement is unlawful.
In this article, we’ll share a real-life case where an individual was initially denied a marriage migration status change but ultimately succeeded with the help of legal aid. By the end, you’ll have a clearer idea of whether you could be eligible for relief.
A’s Journey: From Undocumented to Seeking Marriage Migration Status
A entered the country in 2013 as a crew member of a fishing vessel, but overstayed his visa and became undocumented. He later married a South Korean national and applied for a change to marriage migration status (F-6). Unfortunately, immigration authorities rejected his application solely based on insufficient income.
During the review, there were no reported earnings to the National Tax Service, and being undocumented made them deem the status change impossible.
However, A’s situation was far from ordinary. He was the main provider for his spouse, who suffers from a serious illness, and their minor child. Despite being unable to report his income to the tax authority, he was supporting his family entirely. Rejecting his application based only on the income requirement, while disregarding his family’s circumstances, was a rigid and unreasonable decision.
Court’s Verdict: “Income Requirement Is Not Absolute”
The Gwangju District Court ruled as follows:
“The income requirement in the Immigration Control Act regulations is merely an auxiliary factor in assessing the authenticity of the marriage and the potential for a normal married life.”
“Even if A’s family’s income falls short of the specified criteria, when taking humanitarian issues into account, it’s difficult to deny the possibility of a normal marital life.”
In simple terms, just failing to meet a numerical threshold does not justify uniformly denying marriage migration status. The court ultimately found that the immigration authority had exceeded and misused its discretion, resulting in the cancellation of the status change denial.
Marriage Migration Status: What About the Authenticity of Marriage?
This case highlights an essential takeaway for those undergoing immigration reviews: what’s crucial is not just a specific income amount but whether the family genuinely lives together and supports one another.
Important Reminders
1️⃣ When applying for marriage migration (F-6) status, if proving your income is challenging, gather actual income evidence (like agricultural sales, transaction records) and consult with a professional to prepare and submit it.
2️⃣ If your spouse or child has any conditions that require protection—such as illness, disability, or being a minor—be sure to emphasize the humanitarian aspects of your situation.
3️⃣ Even if you are undocumented, if you can clearly show your commitment to maintaining a genuine marital relationship and family life, there may still be a chance for relief.
If you need more specific advice, you can apply for a one-on-one consultation through the link below.
👉 Start Your Consultation on Changing Marriage Migration Status