When you should get advice
- My naturalization application was refused for lack of good conduct
- I was told I cannot naturalize because of a drunk driving fine from a few years ago
- I applied for simplified naturalization through marriage, but was refused because we are separated
- I applied to change to permanent residency, but was told I do not meet the income requirement
- I failed the naturalization interview and do not know when I can apply again
Relevant laws
Nationality Act Article 5 (Requirements for General Naturalization)
The requirements are having had an address in Korea continuously for 5 years or more, holding a status of stay that allows permanent residence, being an adult, good conduct including compliance with laws, the ability to support yourself, Korean language ability and basic knowledge, and not harming national security and similar interests.
Nationality Act Article 6(2) (Requirements for Simplified Naturalization: Spouses of Korean Nationals)
A person who has had an address in Korea continuously for 2 years or more while married to a Korean national, or who has had an address in Korea for 1 year or more while married after 3 years have passed since the marriage, among others, can be granted naturalization without the 5-year residence and permanent residence status requirements. A person who could not continue married life for reasons they were not responsible for, such as the spouse's death or disappearance, can also be granted naturalization after completing the remaining period, if the Minister of Justice finds it appropriate.
Enforcement Decree of the Immigration Act, Appended Table 1-3 (Persons Eligible for Permanent Residency)
Permanent residency is granted to people who do not fall under the grounds for deportation and who meet the requirements of each item, for example, the spouse or minor child of a Korean national or permanent resident who has stayed for 2 years or more, or an adult who has stayed for 5 years or more under certain statuses of stay.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
We find out the specific reason for refusal
Naturalization and permanent residency are granted after reviewing whether the requirements are met, so the response depends on which requirement is stated in the refusal notice. For requirements calculated by dates, such as the period of residence or status of stay, it is clear when you can reapply. For requirements involving an assessment, such as good conduct or the ability to support yourself, you must make your case with evidence.
If the reason in the notice is brief, ask the office which specific facts it relied on. You can also check the review materials through an information disclosure request (정보공개청구).
Past fines and the good conduct requirement
In practice, the requirement that causes the most problems is good conduct. If you have a record such as a fine, an immigration fine or a suspended indictment, when it happened, what it was for and what outcome you received are all reviewed. The law leaves the specific standards to Ministry of Justice ordinance, so decisions vary from case to case.
You cannot change an outcome you have already received, but you can show how it happened, compensation to the victim, and a record of law-abiding life in the years since. If you are thinking about naturalization, you should also consider that the outcome of a criminal case currently in progress may affect your naturalization timeline.
Simplified naturalization for married applicants and separation
The spouse of a Korean national can apply for simplified naturalization after having an address in Korea for 2 years or more while married. If you separate or a divorce lawsuit begins during the review, the requirement of being married may become a problem.
If you could not continue married life because of the spouse's death or disappearance or other reasons you were not responsible for, there is a way to be granted naturalization after completing the remaining period. If the marriage broke down because of the spouse's violence or leaving home, gather evidence showing this.
Reapply or file a lawsuit?
If the missing requirement can be met with time, reapplying is the realistic option. If there are grounds to believe the facts were misunderstood or that you were treated differently from others in the same situation, you can file an administrative lawsuit within 90 days of the day you learned of the decision.
Naturalization is an area where the authorities are given broad discretion, so in a lawsuit you must specifically show that the facts on which the decision was based were wrong.
If your change to permanent residency was refused
Permanent residency (F-5) is usually applied for by changing from your current status of stay. If the change of status is refused, you may be allowed to stay for the remaining period under the status you already hold (Enforcement Decree of the Immigration Act Article 33(1)). So if the notice does not state a departure deadline, you can plan your next steps based on the expiry date of your current status.
If the requirement can be met with time, such as income or length of stay, it is common to reapply at that point. If a criminal record or conduct was the problem, build up a record of your life and prepare a written explanation before your next application.
How the Jisan Law Foreigner Center handles your case
- 1
Checking each requirement
We calculate each requirement one by one, such as period of residence, status of stay, income and past records, and compare them with the reason for refusal.
- 2
Organizing records of past incidents
We gather the decisions on fines or immigration fines, how they happened, compensation to the victim and records of your life since, and prepare explanatory materials.
- 3
Deciding the direction
We decide whether to calculate the timing for reapplication or to challenge the decision in an administrative lawsuit.
- 4
Written submissions and litigation
We write the opinion for reapplication or the complaint, and if it goes to court, we handle the hearings as well.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor (Incheon, Ansan, Hongseong) · University of Toronto
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Miso Kim Partner
Studied English interpretation and translation (Hankuk University of Foreign Studies) · Former in-house counsel, Wemade
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Frequently asked questions
I received a fine for drunk driving. Can I never naturalize?
It is not permanent, but it will be counted against you in the good conduct review, and in many cases you can only be assessed again after a certain period has passed. The specific time standards depend on Ministry of Justice ordinance and internal standards, so they need to be calculated based on the date and content of the decision.
Can a naturalization refusal be challenged through an administrative appeal?
A naturalization refusal is also a decision of the Minister of Justice, so it can be challenged through an administrative appeal or administrative lawsuit. Both must be filed within 90 days of the day you learned of the decision.
What if a criminal case arises while my permanent residency application is under review?
Even during the review, a new case can affect the result. Work to reduce the outcome of the criminal case, and get advice on how to handle your application before a decision is made in that case.