Court upholds refusal to extend stay of divorced Vietnamese woman

Who this helps

This may help people curious about a case where a stay extension under a marriage-migrant status was refused after divorcing a Korean spouse.

Case overview

Case number

2015구합6716

Court

Ulsan District Court

Posted on original board

Jul 4, 2016 (Mon)

Topic

Stay Status & Period of Stay

Original title (Korean)

2015구합6716 체류기간연장등불허가처분취소

A Vietnamese woman married a Korean national and entered Korea with a marriage migrant residence status. She later divorced her spouse and applied to the head of the immigration office for permission to extend her stay, but permission was not granted. A lawsuit was then filed seeking cancellation of the refusal decision.

Is it unlawful to refuse a stay extension after divorce from a Korean spouse?

A Vietnamese woman entered Korea on a marriage-migrant status after marrying a Korean national. She later divorced and applied to the head of the immigration office for a stay extension, but it was not granted. She sued to cancel the refusal. The court found it hard to say the divorce was due to reasons not attributable to her that made a normal marriage impossible.

How the court ruled

The court found it difficult to regard the divorce as a case where a normal marital relationship could not be maintained for reasons not attributable to the applicant. It therefore held that the requirements for marriage migrant residence status were not met, and that the refusal decision was justified.

What to check in a similar situation

Immigration and foreigner offices can confirm the requirements and review criteria for stay extensions, and courts can explain the procedure for suits to cancel an administrative decision.

• Extending your period of stay
• Changing your status of stay
• Find your immigration office
• Contacts: Immigration Contact Center 1345

Terms explained

marriage-migrant status

A residence status for foreigners who have married a Korean national.

stay extension permit

Permission from the head of the immigration office to remain longer before the current period of stay ends.

cancellation of a refusal

A lawsuit asking a court to void an agency's decision that denied a permit.

More rulings on this topic

• Court upholds refusal to extend overseas travel period for holder of UK high-skilled visa · Seoul Administrative Court
• Court rules departure order and residence permit revocation against foreigner caught while working one day-labor shift unlawful · Seoul Administrative Court
• Court upholds refusal to permit change of residence status applied for together with a refugee application on the stay expiry date · Seoul Administrative Court

See all 9 rulings on Stay Status & Period of Stay →

Frequently asked questions

Who brought the lawsuit?

A Vietnamese woman who had divorced her Korean spouse sued to cancel the refusal of her stay extension.

How did the court rule?

It found it hard to treat the divorce as due to reasons not attributable to her that made a normal marriage impossible. So the marriage-migrant requirements were not met and the refusal was justified.

Does this result apply directly to similar cases?

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