Stay extension denial unlawful: Korean spouse mainly caused marriage breakdown

Who this helps

This may help people whose stay extension was denied after the marriage ended and who face the question of whether the F-6-3 status for people whose marriage has broken down applies.

Case overview

Case number

2025구단53041

Court

Seoul Administrative Court

Posted on original board

Sep 8, 2026 (Tue)

Topic

Marriage & Family

Original title (Korean)

[일반행정] 정상적인 혼인관계가 단절되어 '국민의 배우자(F-6-1)’의 요건을 충족하지는 못하였으나 혼인파탄의…

A lawsuit was filed over whether the refusal to extend the period of stay was unlawful. The issue was that the marital relationship had not continued normally. The point in dispute was whether the person falls under the residence status for persons whose marriage has broken down (F-6-3).

If the marriage broke down mainly because of the Korean spouse, can a stay extension be denied?

The dispute was whether the denial of a stay extension was unlawful. The question was whether F-6-3, the status for people whose marriage has broken down, applied when the marriage could not continue normally. The court found the requirements of the Korean's spouse status (F-6-1) were not met. But it found the Korean spouse was mainly to blame for the breakdown, so F-6-3 could apply.

How the court ruled

The court found that the normal marital relationship had ended, so the requirements for the status of spouse of a Korean national (F-6-1) were not met. However, because the Korean spouse was mainly responsible for the breakdown of the marriage, the court found that the person falls under the residence status for persons whose marriage has broken down (F-6-3). The court held that whether the marriage broke down to the point of a legal divorce is unrelated to the requirements for this status. It judged the refusal to extend the stay, made on a different premise, to be unlawful.

What to check in a similar situation

The reasons for a denial and the status requirements can be checked with the competent immigration office, and court procedures and the judgment text can be checked with the court.

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

Terms explained

Stay extension denial

A decision by an administrative agency not to grant a request to extend the period a person may stay.

F-6-3 status for people whose marriage has broken down

A residence status that may apply when the marriage relationship has ended. In this case, who was mainly to blame for the breakdown was treated as important.

Fault (responsibility)

The reason someone is held responsible for what happened. Here it means responsibility for the marriage breaking down.

Legal divorce

The state in which a marriage has been officially ended through legal procedures. The court found it was not related to the requirements of this status.

More rulings on this topic

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

See all 15 rulings on Marriage & Family →

Frequently asked questions

What kind of lawsuit was this?

It was a lawsuit over whether the denial of a stay extension was unlawful. The issue was whether F-6-3, the status for people whose marriage has broken down, applied.

How did the court rule?

The court found the requirements of F-6-1 were not met. But it found the Korean spouse was mainly to blame for the breakdown, so F-6-3 could apply, and held the denial unlawful.

Does this result apply directly to similar cases?

It is the judgment in this case and does not apply directly to other cases. The finding that legal divorce is unrelated to the requirements was also made within this judgment.