Claim dismissed in lawsuit by a marriage migrant's older brother over refusal to change to visit and cohabitation residence status

Who this helps

This may help people curious about which requirements were at issue when a marriage migrant's relative sought a visit and cohabitation status.

Case overview

Case number

2020구합487

Court

Jeonju District Court

Posted on original board

Oct 12, 2020 (Mon)

Topic

Marriage & Family

Original title (Korean)

체류자격변경불허가처분취소(전주지방법원 2020구합487)

A Vietnamese man entered Korea on a short-term visit visa, invited by the husband of his younger sister, who was staying under a marriage migrant status. He then applied to change to visit and cohabitation residence status, saying he would help care for her children. The authority refused because he is the marriage migrant's older brother and therefore not a female blood relative within the 4th degree of kinship. He then asked the court to cancel that decision.

Can a marriage migrant's older brother change to visit and cohabitation status?

The Vietnamese man entered on a short-term visit visa at the invitation of his sister's husband. He then applied to change to visit and cohabitation status, saying he would help care for his sister's child. The authority refused because a brother is not a female blood relative within the fourth degree. The court viewed this status as limited to one female blood relative of the marriage migrant, aged 18 or older, within the fourth degree.

How the court ruled

The court held that visit and cohabitation residence status is limited to 1 female blood relative aged 18 or older, within the 4th degree of kinship, of the marriage migrant. The younger sister also has an older sister staying in Korea and another older sister living in Vietnam. The court found it hard to say that the man had actually helped with her childbirth or child care. It therefore found that he did not meet the requirements for the change and dismissed the claim.

What to check in a similar situation

The eligible persons and change requirements for this status can be checked with the immigration office. Lawsuit procedures against such a decision can be checked with the competent court.

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

Terms explained

visit and cohabitation status

A residence status for a set range of a marriage migrant's relatives who stay together with them. In this case, the court saw it as limited to one female blood relative.

refusal of status change

A decision by an authority not to accept an application to change residence status. The man asked the court to cancel it.

blood relative

A relative connected by blood. The issue was whether the brother counted as a female blood relative within the fourth degree.

claim dismissed

A court decision not to accept the claim made in a lawsuit. Here, the refusal stayed in place.

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 filed the lawsuit?

A Vietnamese man filed it. He entered at the invitation of the husband of his sister, who stays as a marriage migrant.

How did the court rule?

It viewed the status as limited to one female blood relative aged 18 or older within the fourth degree. The sister had other sisters, and it was hard to see that he actually helped with childbirth or childcare, so the claim was dismissed.

Does this result apply as is to similar cases?

It is the ruling in that case and does not apply as is to other cases.