Legalization Process for Marriage Visas (F6) for Undocumented Immigrants in Korea

In South Korea, there is a significant population of foreign nationals who have lost their residency status due to various circumstances and are thus living undocumented. Factors contributing to this include illegal entry, the use of false passports, unauthorized employment, and overstaying their visas. According to statistics from the Ministry of Justice, tens of thousands of individuals undergo crackdowns or voluntarily leave the country each year. When an undocumented immigrant decides to marry a Korean after a serious relationship, the biggest hurdle they face is the legalization of their residency. The marriage visa (F6) is particularly crucial, as it allows foreigners to legally reside in Korea and build a family. It’s essential to understand the relevant procedures and requirements accurately.

General Procedure for Undocumented Immigrants

Generally speaking, undocumented immigrants cannot immediately obtain legal status while residing in Korea. They typically need to either voluntarily leave the country or, after being subject to a crackdown or deportation, reapply for a visa through their country’s embassy or consulate. During this process, paying any fines imposed is mandatory, as failure to do so could result in a permanent ban on re-entry. However, when voluntarily exiting, individuals may have a chance to have their fines reduced or entry restrictions eased through the immigration review process. According to Article 105 of the Immigration Control Act, individuals who receive a notification and fail to pay their fines within 15 days may face prosecution.

Special Voluntary Departure Program for Undocumented Immigrants

To alleviate the challenges faced by undocumented immigrants, the Ministry of Justice regularly implements a ‘Special Voluntary Departure Program.’ While described as regular, the timing of these programs is not fixed, and the Ministry announces them at its discretion. As of now, there has been no announced period for the current initiative. During the stated period, those who voluntarily report and exit the country may receive benefits such as waiving entry restrictions or fines. This program aims to encourage foreigners who need to return to Korea to do so legally.

Pregnancy, Childbirth, and Humanitarian Exceptions

Typically, marriage visas must be applied for in the individual’s home country. However, if a foreign spouse is pregnant or has recently given birth, they have the option to apply for an F6 visa directly within Korea. This humanitarian exception allows for the consideration of individual circumstances, and fines may be settled within Korea, with some requirements waived. After registering the marriage, the foreign spouse can apply for a change of residency status at the Immigration Office, where their pregnancy or childbirth will be a significant factor in the review process. It’s important to note that if there is a considerable amount of time left before the delivery date, changing to an F6 visa may not be permitted within Korea.

Procedures for Marriage Registration and Visa Application

Before applying for a marriage visa, legal marriage registration must take place. Even when in an undocumented status, individuals can proceed with the marriage registration independently, and this process is not directly connected to any law enforcement actions. After successfully registering the marriage, the couple must then apply for the F6 visa at either the embassy or the Immigration Office in Korea.

Case Study: Successful Legalization of an Undocumented Thai Immigrant

In a real-life example, a Thai woman named B found herself pregnant while dating a Korean national, A. At the time, the Special Voluntary Departure Program was not in effect, so the couple faced uncertainty. They paid their fines in Korea and began the F6 visa application process. After renewing their passports and completing the marriage registration in both countries, they ultimately received approval for the F6 visa after a review period of about three months, allowing them to legally stay in Korea. This case highlights the potential for legalization through humanitarian considerations, even while in an undocumented status.

For undocumented immigrants seeking to legalize their residency in Korea through marriage, the process can be intricate and multifaceted. Factors such as voluntary departure, fines, special programs, and pregnancy complicate matters, making it crucial to consult with a knowledgeable professional. Legalizing residency through marriage isn’t just a visa issue; it’s deeply connected to the future of a family. Therefore, enlisting the assistance of an experienced immigration attorney or agency is a wise choice. This information is based on the current situation and is subject to change according to government policies. It serves only as a general informational guide and does not constitute legal advice.

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