Grant of Status of Stay (Foreign Children Born in Korea, etc.)

At a glance

• A foreigner born in Korea must obtain a status of stay within 90 days of the date of birth.
• A foreigner who, while staying in Korea, loses or renounces Korean nationality or has a similar event must do so within 60 days of the event.
• Apply to the competent immigration office (chief of the office or branch).
• The statutory fee is 80,000 KRW, or 40,000 KRW if the marriage migrant (F-6) status applies.

Who must apply

• A foreigner born in Korea who stays without a status of stay under the Immigration Act (e.g. a foreign child born in Korea)
• A foreigner who comes to stay without a status of stay because, while staying in Korea, they lost or renounced Korean nationality or a similar event occurred
• The review criteria for granting a status of stay are set by Ministry of Justice ordinance.

Where to apply

• Submit the application for grant of status of stay to the chief of the immigration office or branch (competent office).
• The office forwards it without delay to the Minister of Justice, who sets the period of stay when granting the status and notifies the office.

What to prepare

• The application form and the attachments set by Ministry of Justice ordinance
• The applicant's passport: the grant stamp is placed in, or a sticker attached to, the applicant's passport.
• Attachments differ by status. Examples: accompanying (F-3) requires a birth certificate; visiting and joining family (F-1) requires a birth certificate (only if born in Korea), proof of family relationship, and the resident registration copy of the relative.
• A person whose father or mother was staying with permanent residence (F-5) at the time of birth submits proof of family relationship, a birth certificate, and a document proving identity issued by the country of nationality (F-5 grant section).
• Documents the official can check through shared administrative information are not required.

Cost

• The list of online application reductions does not include the grant of status of stay.
• Grounds for fee exemption are set separately in the regulations.

Procedure

• First, check and prepare the attachments for the status you want.
• Next, submit the application to the competent immigration office within the deadline (90 days for birth, 60 days for other events).
• When the Minister of Justice grants the status, the office stamps the applicant's passport and writes the status and period of stay, or attaches a sticker.
• If you will stay more than 90 days from the day you receive the status, you must also register as a foreigner at that time.

Common sticking points

• The deadline is 90 days from birth, and 60 days from the event for loss or renunciation of nationality, etc..
• Staying without obtaining a status of stay is punishable by imprisonment of up to 3 years or a fine of up to 30,000,000 KRW.
• The reduced fee of 40,000 KRW applies only when the marriage migrant (F-6) status applies (proviso).
• Grant of status and foreigner registration are separate. If you will stay more than 90 days, you must also register.

This guide is general information and does not assess any individual case. Laws and fees can change, so check the original text via the official links and with the competent office.