Entries Tagged 'Paperworks/Legal Matters' ↓

I wrote in a previous post that when you marry a Korean, your name has to appear on the family register. However, there are two kinds of family registers in Korea. The first one is called 호적등본 (ho-jeok-deung-bon) and the other one is called 주민등본 (ju-min-deung-bon).

Our 주민등본 before having a child and changing citizenship and after

According to my husband, the 호적등본 is the general family registry. It is where all family members’ name is listed. The 주민등본 is the head of the family’s own register and only Korean citizens are listed. When you get married to a Korean, your name should be on the ho-jeok. You are not legally married if your name is not there. It will appear on a box below your husband’s name. As a foreign national, your name will not be listed on the ju-min. It will only appear there when you change your citizenship.

It used to be that only men can legally be the head of the family in Korea. That’s why when a woman has a child out of wedlock, the child is usually registered under the name of a couple in the family. It all changed during the Roh administration when they recognized that women can be heads of the family too.

When a woman in a Korean family gets married, her name is removed (marked as 제적) from her father’s ho-jeok and is transferred to her husband’s.

I’m officially “Korean” since October 2007. I applied for it in January 2006 when I was three months pregnant with my son. Two immigration officials visited us at our apartment in December 2006 for an interview. Barely a week after we came back from a month’s vacation in the USA. Our luggages were still unpacked and the house was a total mess! I wondered what those two guys thought.

If you’re married to a Korean, you could either change your citizenship or get the F-5 or Permanent Resident visa, like most Western women here do. All my Filipina friends who are married here are naturalized Koreans.

You can apply for naturalization after two years of marriage and residence in Korea. It takes about 1 1/2 years to 2 years to process in Seoul. The immigration official said their Seoul office receives the most number of applications (specially from Korean Chinese).

Why did I change my citizenship? In two words, family circumstance. This is my husband’s and my son’s country. They are both Koreans and we plan to live here for a long time. Although I still have two sisters in the Philippines, most of my family members live in the USA. Another reason is that my father-in-law thought I’d get more “protection” if I were Korean. There’s also the benefit of having a Korean passport like I won’t need to apply for visa when I visit EU countries, Japan, Australia, Canada and soon, USA. Of course, being a citizen here means I won’t need to get a separate visa when I get a job or open my business.

Here is the list of requirements:
- Naturalization Application from : Attach 1 color photo (4cm x 5cm)
- A copy of Passport
- A Statement for Citizenship Application
- Prepare the Statement of Identity / A copy of Statement of Identity with photo attached
- Family registration, basic registration, marriage certificate and resident registration transcript of the Korean spouse
- Financial document (to verify the ability of the applicants, or their family, to maintain themselves):
–Bank Balance containing more than KR30 million in the name of the applicant or the family
–Lease contract or Estate registry equivalent to KR30 million
–A Certificate of Incumbency (Attached the copy of Employer’s Business Registration certificate )
–Certificate for the employment expected (Financial guarantee not allowed)
–For the self-employed, A copy of Business Registration Certificate and store lease contract
※ If verification of the financial status is impossible, the document of the financial status of relatives (Attached Guarantor’s Legally Affixed and financial documents)
Other materials to prove the fact that the marriage status is maintained
- Ex) Photo, Statement of people around, Letters exchange before the marriage etc.
Fee: 100,000 KRW (Government Revenue Stamp)

For the financial document, we only submitted the estate registry. We also included family pictures. We were at the Seoul Immigration Center at nine o’clock in the morning. There were a lot of applicants and we weren’t able to submit our documents until almost lunch. They will just check if your documents are complete. Then you’ll just have to wait until they call you someday…

Like I said, it took a long time for my application to be processed since we didn’t have a child yet that time. If you have a child (with your Korean husband), the waiting time is shorter. After the December 2006 visit of the immigration officials, they sent us the approval documents in October 2007. Just a few weeks after I renewed my Philippine passport. We were given 30 days to check my name at the district office in Jong-ro. Then we had to get three copies of the family register with my name on it.

Before I became officially Korean, I had to renounce my Filipino citizenship. This country doesn’t recognize dual citizenship for adults. At the Philippine Embassy, I submitted the three copies of our family register, birth and marriage certificates, photocopy of the first and last pages of my passport, valid passport and the approval letter from the immigration. I had to pay 40,000 won for the Renunciation certificate and I had to come back three business days later.

After getting my renunciation certificate at the Philippine Embassy, we traveled to the Seoul Immigration Office in Mokdong and submitted the documents listed on the approval letter. We then proceeded to our “dong” office for finger-printing and numbering. I received my temporary ID the same day. Three weeks later, they delivered my ID at home.

My passport is Korean and my ID is the same. However, I still cook and eat adobo at home. Sisig is still my favorite food. Some of my favorite books were written by F. Sionil Jose. I still talk in Tagalog and wish I could go to Palawan for a vacation. And this afternoon, I and a Pinay friend watched Sharon Cuneta and Gabby Concepcion’s first movie together “Dear Heart,” and we couldn’t help but feel kilig at their scenes!

If you’re married to a Korean national, your visa should be the F-2-1 visa. F-2 is the temporary resident visa for spouses of Koreans or F-5 visa holders( while the -1 means you’re a Korean spouse). This is the visa that I received from the Korean Embassy in Manila. I was granted a 59 day visa that time since I didn’t want to pay.

Since you’ll be staying in Korea for more than 90 days, you’ll need to get the ARC or Alien Registration Card. This is the official ID card issued by the government to resident aliens. When I came here, I didn’t apply for the ARC right away. I did it together with the visa extension so as to save time.

During that time, there was only one immigration office in Seoul and that’s the one in Mokdong. It’s near Omokyo station on Line 5.

The F-2-1 visa is good for one year on the first time you extend it. On your second time, they will give you two years. And two years thereafter. The nice thing about the immigration office is that they send you a letter notifying you that you need to extend the visa.

With an F-2 visa, you are allowed to work at any job without the need for a working visa. Filipinos are still not allowed to teach English with this visa. However, there are some hagwons or private schools that would hire on this visa.

Unfortunately, if you’re planning to travel outside you’ll still need to get a re-entry permit. It’s advisable to get a multiple-entry visa. I don’t see the logic in getting a re-entry if you’re married to a Korean and specially if you’re traveling with your child.

When my son and I went to the US for a vacation, the attendant at the Korean Airlines counter wouldn’t give me a boarding pass until I get a re-entry. I was planning to get the boarding pass first before the re-entry since I was traveling alone with my then 5-month old son.

I’ve been ask several times for advise regarding marriage. I’ve exchanged emails with women whose boyfriends are Korean and are planning to get married. Let’s talk about the legal matters first. Let’s reserve the life of a married woman here in later posts.

Where are you getting married? Is it in the Philippines or in Korea? It doesn’t matter where you’re gonna get married, it’s important to plan ahead because the process takes time. First you’ll need to prepare the necessary documents. The following are based mainly on experience. It is recommended that you go to the relevant government offices for more information.

Getting married in the Philippines to a Korean. Apply for a marriage license. For the Filipina/o, you’ll need a birth certifcate issued by the NSO. If you’re 18-21, you’ll also need a Parents’ Consent or if you’re 21-25, a Parents’ Advice. Your Korean fiance needs to get a certificate of eligibility to contract marriage. He needs to go to the Korean Embassy in Makati and present his Korean Family Register and passport. There is a small service fee for this.

Apply for the marriage license in your city hall with the documents mentioned previously. You also have to attend a seminar for pre-marital counseling and family planning. Wait ten days before you can get your license. You can choose to have a church wedding, but that would include more paperwork. My husband and I chose not to have a church wedding since we have different religions (and I’m not too crazy about the Catholic wedding ceremony).

After getting married. Apply for a marriage certificate at the NSO (takes about two to three weeks during my time - two copies). Proceed to the Korean Embassy and apply for your visa. Both of you will have an interview with the consul. When we were there, we were told that interviews are only conducted on Tuesday and Thursday afternoon. However, my husband had to fly back to Korea ASAP to start on a new job. (He quit his previous job because he needed time for us to get married.)

When you apply for a visa after marriage, you’ll only need an invitation from your husband, marriage certificate, application form (with photo) and your passport. After the interview, your husband can go back to Korea (if necessary).

While waiting for the NSO certificate, attend the Guidance and Counseling Requirement at the CFO (Commission on Filipinos Overseas).

After getting your NSO marriage certificate, send it to your husband and ask him to translate it to Korean. He should have it registered at his “Dong Samuso” or “District office”. He should send you the family register. When you receive the family register, bring this together with the NSO marriage certificate to the Korean Embassy.

It will take about three days for you to get the visa. You will receive the F-2-1 visa or the temporary resident Korean spouse visa. Now, you still can’t leave for Korea. You have to register at the CFO (again?!). Present your GCC (guidance and counseling certificate) and other requirements found on the link above. This is the only time when you can finally leave the Philippines.

Make sure to dress to impress when you come to Korea. I made the mistake of dressing comfortably (jeans, shirt, Keds and no makeup). Make a good first impression to your in-laws. Bring (expensive) gifts if you can. Before you come to Korea, make sure to bring with you NSO copies of your birth and marriage certificates. You’ll need them in the future

Getting married in Korea. If you prefer to get married in Korea, you’ll need to prepare more documents. First, apply for a tourist visa so you can come here. Attend the Guidance and Counseling Requirement at the CFO (see link above).

Make sure you have the following documents before you leave (check with the DFA first or the Philippine Embassy in Seoul, as the following is just based on info from a friend who got married here):
- Birth certificate (NSO copy)
- CENOMAR (NSO certificate of no marriage - takes about two to three weeks)
- Parents’ Consent or Parents’ Advice
- CFO Guidance and Counseling Certificate (refer to the link above)

A friend had to present other documents when she got married here:
- Affidavit of Singleness (from the parents)
- Certificate of Singleness (from the barangay???)

Once here, apply for the Certificate of Single Status at the Philippine Embassy. Translate the document to Korean. Go to your fiance’s district office and apply for marriage there. You don’t need a ceremony at this point. Make sure that your name is added to the family register. (You’ll need this when you apply for a change on your visa). If your name is not there, you are not legally married and you won’t be able to apply for an F-2-1 visa!

There are two kinds of family register in Korea. The one where your name will appear (if you’re legally married) is called the 호적등본 “ho-jeok-deung-bon”. The other one is called 주민등본 “ju-min-deung-bon” but your name will not appear here until you get a Korean citizenship.