Ruling: Extension of Stay for a Foreigner With Child Visitation Rights Is to Be Decided With Greater Care

Who this helps

This may help people who are foreign spouses of Korean nationals and have been granted the right to see their child, and who are dealing with a stay extension request.

Case overview

Case number

2016구단61337

Court

Seoul Administrative Court

Date of judgment

Feb 15, 2017 (Wed)

Topic

Marriage & Family

Original title (Korean)

대한민국 국적의 자녀에 관한 면접교섭권이 인정되는 외국인에 대한 체류기간연장신청에 관한 판단…

A foreigner was married to a Korean national. Through court mediation or similar proceedings, visitation rights, meaning the right to see the child born to the couple, were recognized. This lawsuit concerns the foreigner's application to extend the period of stay.

Does a parent's right to see a child affect how a stay extension is reviewed?

A foreigner married to a Korean national was granted the right to see the child born to the couple, through court mediation or similar means. The dispute was over that person's request to extend the period of stay. The court noted that such mediation can have the same effect as a final judgment. Even so, it saw a risk that immigration measures, such as refusing the extension, could effectively block the visits. So it held that the authority is to decide these requests more carefully, from a humanitarian viewpoint.

How the court ruled

The court noted that mediation and similar proceedings have the same effect as a final judgment. Even so, it found a concern that visitation rights could be effectively blocked by immigration-related measures, such as a refusal to grant an extension of stay. The court therefore held that, for a foreigner in this situation, the administrative authority is to decide whether to grant an extension of stay more carefully from a humanitarian perspective.

What to check in a similar situation

Details on how a stay extension request is handled can be checked with the immigration or foreigner office that has jurisdiction. The court that recognized the visitation rights can confirm what the mediation or judgment says.

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

Terms explained

Visitation rights

The right of a parent who does not live with a child to meet and spend time with that child. In this case, it was recognized through court mediation or similar means.

Extension of stay

An application to remain in Korea beyond the period of stay already granted. The immigration authority decides whether to approve it.

Humanitarian viewpoint

A way of judging that takes into account the person's real-life circumstances, such as family ties, and not only the strict rules.

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 was involved in this case?

The case involved a foreigner married to a Korean national. The person had been granted the right to see the child born to the couple. The lawsuit concerned that person's request to extend the period of stay.

How did the court judge the matter?

The court said that immigration measures, such as refusing an extension, could effectively block the parent from seeing the child. It therefore held that the authority is to decide such extensions more carefully, from a humanitarian viewpoint.

Does this result apply the same way to every similar case?

No. It is the court's judgment in this one case and does not apply as is to other cases.