Ruling Sets Aside Refusal to Extend Stay for Chinese National Married to a Korean Citizen

Who this helps

This may help people looking into a case where a stay extension was refused because the marriage to a Korean citizen was not found to be genuine.

Case overview

Court

Daejeon District Court

Posted on original board

Mar 12, 2013 (Tue)

Topic

Marriage & Family

Original title (Korean)

체류기간연장 불허가처분 취소

A decision was made not to permit an extension of the period of stay for a Chinese national married to a citizen of the Republic of Korea. The reason given was that the genuineness of the marriage was not recognized. A lawsuit was filed seeking cancellation of this decision.

Can a stay extension refusal be set aside when it says the marriage is not genuine?

A Chinese national married to a Korean citizen was refused a stay extension. The stated reason was that the genuineness of the marriage was not recognized. A lawsuit asked the court to cancel that decision. The court set the refusal aside.

How the court ruled

The court set aside the decision that refused to permit an extension of the period of stay, a decision that had been made on the grounds that the genuineness of the marriage was not recognized.

What to check in a similar situation

The reasons and notice for a stay extension refusal can be checked with the immigration or foreigner affairs office. The court handling the lawsuit can confirm how the challenge proceeds.

• Marriage migrant (F-6) documents
• Divorce guide
• Changing your status of stay
• Contacts: Immigration Contact Center 1345

Terms explained

Stay extension

A permission from the authorities that lets a foreign national remain longer than the period currently allowed.

Refusal decision

An administrative decision not to grant what was applied for.

Genuineness of marriage

A phrase used when examining whether a marriage is a real marital relationship.

Setting aside

When a court finds an administrative decision wrong and removes its effect.

More rulings on this topic

• Stay extension denial unlawful: Korean spouse mainly caused marriage breakdown · Seoul Administrative Court
• Ruling that a refusal to issue a marriage immigration visa was not unlawful · Seoul Administrative Court
• Ruling Upholds Refusal to Issue a Marriage Migration Visa · Seoul Administrative Court

See all 15 rulings on Marriage & Family →

Frequently asked questions

Who received the decision, and what was it?

A Chinese national married to a Korean citizen received a decision refusing to extend the period of stay.

How did the court rule?

The court set aside the refusal, which was based on the genuineness of the marriage not being recognized.

Does this result apply as is to similar cases?

This is the court's decision in that case only and does not apply as is to other cases.