If a person who acquired Korean nationality based on marriage to a Korean, or who received permanent residence as the spouse of a Korean national, invites a new foreign spouse after a divorce or bereavement, the Korean mission may review whether 3 years have passed since the nationality or permanent residence was acquired. In addition, for any sponsor, whether another spouse has been invited within the last 5 years is a review item. The two periods are counted separately, so check each date first.
Key Summary
- The review items for a marriage-cohabitation visa include both "3 years since acquisition" and "another spouse invited within the last 5 years"
- The 3-year item covers: people who obtained simplified naturalization by meeting the residence requirement while married, and people who received permanent residence as the spouse of a Korean national or permanent resident
- The 5-year item applies to every sponsor
- If the sponsor acquired nationality, the new spouse falls under Marriage Migrant (F-6); if the sponsor is a permanent resident, under a Residence (F-2) marriage-cohabitation visa, and the same review criteria apply
- Some review items may be waived, for example when the couple has a child born between them
1. Who is subject to the 3-year criterion?
The Enforcement Rules of the Immigration Act list, as a review item for a marriage-cohabitation visa, whether 3 years have passed since the sponsor acquired nationality or permanent residence in one of the following ways:
- Simplified naturalization after having an address in Korea continuously for 2 years or more while married to a Korean spouse
- Simplified naturalization after 3 years had passed since marrying a Korean spouse and having an address in Korea continuously for 1 year or more while married
- Permanent residence received as the spouse or minor child of a Korean national or permanent resident (F-5) who has stayed in Korea for 2 years or more
If nationality or permanent residence was obtained in another way, how this item applies needs to be checked case by case.
2. What does the review of invitations within the last 5 years look at?
It looks at whether the sponsor has invited another spouse within the last 5 years. This item applies not only to naturalized citizens and permanent residents but also to sponsors who have been Korean nationals from birth. It is wise to confirm from records when the previous spouse was invited.
3. Which visa does the new spouse apply for?
The spouse of a Korean national falls under item (a) of Marriage Migrant (F-6). The spouse of a person holding Permanent Residence (F-5) status falls under item (a) of Residence (F-2). Both marriage-cohabitation visas under F-2 (a) and F-6 (a) require an invitation from the spouse, and the review items above apply to both.
4. Can any review items be waived?
In cases announced by the Minister of Justice, such as when a child has been born between the sponsor and the invited person, some review items may be waived. Check both the announcement and the mission's guidance to see which items are waived.
5. What if the foreign spouse previously stayed in Korea on F-6?
There is a simplified document list for those who have stayed in Korea on Marriage Migrant (F-6) status before, but it does not apply if the spouse has changed or if the marriage was interrupted even with the same spouse. If you invite a foreigner who held F-6 through marriage to a different Korean, prepare based on the standard document list.
6. Common problems
- Counting the 3 years from the marriage date or entry date rather than the date nationality or permanent residence was acquired
- Relying on memory for when the previous spouse was invited, so the 5-year calculation is off
- Being a permanent resident but preparing only to the Marriage Migrant (F-6) document standard
- Applying the simplified list just because the foreign spouse once stayed on F-6
7. How 비전행정사사무소 (Vision Administrative Office) can help
We organize the dates of acquiring nationality or permanent residence and any previous invitations to check with you whether the review items apply, and guide the preparation of visa documents such as the invitation letter and identity guarantee. We do not represent clients in family lawsuits such as divorce or property division, or in other court proceedings (outside the scope of an administrative agent).
Frequently Asked Questions
I naturalized through marriage and divorced 2 years later. Can I invite a new spouse right away?
If you obtained simplified naturalization through the residence requirement while married, whether 3 years have passed since you acquired nationality is a review item. The specific decision needs to be checked case by case.
Does the 5-year criterion apply even if I have always been a Korean national?
Yes. Whether another spouse has been invited within the last 5 years is a review item for every sponsor.
If a permanent resident invites a foreign spouse, is it F-6?
The spouse of a person holding Permanent Residence (F-5) status falls under item (a) of Residence (F-2). It is still a marriage-cohabitation visa, so the same review items apply.
Are the 3-year and 5-year items waived if we have a child?
In announced cases, such as when a child has been born between the couple, some review items may be waived. Check the announcement for which items.
If the new spouse used to live in Korea on F-6, are fewer documents needed?
If the spouse has changed or the marriage was interrupted, the simplified list does not apply.
Related Guides
- F-6 marriage visa refusal reasons and reapplying
- From F-6 to F-5 permanent residence
- Spouse of a Korean National (F-6-1) Visa
Consultation
비전행정사사무소 (Vision Administrative Office) is an administrative office that supports document preparation and filing with the authorities. Fees vary by case and are explained during a consultation. Phone 02-363-2251