Ruling on a guideline that allowed marriage migrants' family members other than parents to change to visiting-cohabitation status only if female

Who this helps

This may help people looking into how the stay guideline treated family members of marriage migrants other than parents when it came to a visiting-cohabitation status change.

Case overview

Case number

2020구단15591

Court

Seoul Administrative Court

Posted on original board

May 3, 2021 (Mon)

Topic

Marriage & Family

Original title (Korean)

[일반] 법무부 '체류관리지침' 중 결혼이민자의 부모 외의 가족에 대한 방문동거(F-1)…

The Ministry of Justice's residence management guideline contains a provision limiting eligibility for a change to visiting-cohabitation (F-1) status, for marriage migrants' family members other than parents, to women. A lawsuit was filed concerning this guideline.

Is it justified to limit visiting-cohabitation status changes for a marriage migrant's family to women?

The Justice Ministry's stay management guideline limited who could get a status change to visiting-cohabitation (F-1) for a marriage migrant's family members other than parents. Only women were eligible. A lawsuit was filed over this guideline. The court found that the female-only limit could not be called justified.

How the court ruled

The court found that the guideline's restriction of eligibility for a change to visiting-cohabitation (F-1) status to women cannot be considered reasonable.

What to check in a similar situation

Details on how the guideline is applied to status change permission can be checked with immigration and foreign resident offices. The ruling itself can be checked with the court that handled the case.

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

Terms explained

Visiting-cohabitation status (F-1)

A stay status for people who live with family members in Korea. This case concerned changing to this status.

Stay management guideline

The Justice Ministry's set of standards on how stay matters are handled. The court looked at one part of it.

Status change permission

Official approval to switch from one stay status to another. The guideline limited who could receive it.

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

What did the court decide?

The court found that limiting status change permission for visiting-cohabitation to women could not be called justified.

Which family members did the guideline cover?

It covered a marriage migrant's family members other than parents.

Does this result apply as is to every similar case?

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