Ruling that refusing to extend a marriage-migrant stay period was lawful

Who this helps

This may help people curious how a court viewed a stay extension refusal after a marriage-migrant's marriage broke down.

Case overview

Case number

2014누52581

Court

Seoul High Court

Date of judgment

Nov 18, 2014 (Tue)

Topic

Marriage & Family

Original title (Korean)

결혼이민 중 혼인단절자(F-6-다) 체류자격 요건[대한민국 국민과의 결혼이민 자격으로 체류자격을 부여받았던…

A foreigner who had been granted resident status as a marriage migrant of a Korean national applied for an extension of the stay period and related matters. A decision was issued not to grant this application, and a lawsuit was filed disputing whether that decision was lawful.

Is refusing to extend the stay of a marriage migrant whose marriage ended lawful?

A foreigner held stay status as a marriage migrant through marriage to a Korean national. The marriage broke down, and the stay extension was then refused. The dispute was whether that refusal was lawful. The court found it hard to say the breakdown was for reasons not attributable to the foreigner, and so did not see the refusal as unlawful.

How the court ruled

The court found it difficult to conclude that the breakdown of the marriage was due to reasons not attributable to this foreigner. It therefore held that the decision not to permit the extension of the stay period and related matters was lawful. It stated that where it cannot be concluded that the foreigner was unable to maintain a normal marriage for reasons not attributable to them, the authority may deem permission inappropriate and refuse it without acting unlawfully.

What to check in a similar situation

Official bodies such as immigration and foreigner offices handle extension decisions and their criteria, and courts handle challenges to such decisions.

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

Terms explained

refusal of stay extension

A decision by an administrative body not to permit a foreigner to stay longer.

marriage breakdown

A state where the couple's relationship has broken down and a normal married life is hard to maintain.

reason not attributable to the foreigner

A situation where the cause of the breakdown is not the foreigner's own responsibility. Here, the court found that hard to conclude.

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 brought the case?

A foreigner who had received stay status as a marriage migrant to a Korean national challenged the refusal to extend the stay.

How did the court rule?

It found it hard to conclude the breakdown was for reasons not attributable to the foreigner, and held the refusal lawful.

Does this result apply as is to similar cases?

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