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Notice Procedures to restore nationality at diplomatic missions abroad

DATE
2020-11-20

(updated on the 28th of September 2022)

1. Overview of Nationality Recovery Permit
o Nationality Restoration is a system that allows to reinstate of Korean citizenship by obtaining permission from the Ministery of Justice. The system is in place for persons who have had Korean nationality in the past or who have lost it according to the Nationality Act. The system also applies to those with multiple nationalities who have renounced their Korean nationality.


o In accordance with Article 9 of the Nationality Act, the Ministery of Justice shall not allow to reinstat the nationality to a person who, (upon processing), is found to fall under any of the following categories;
- A person who has inflicted harm on the State or society;
- A person whose conduct is disorderly;
- A person who lost or renounced their nationality of the Republic of Korea in order to evade military service;
- A person for whom the Minister of Justice regards the reinstatement of their nationality as inappropriate for reasons of national security, maintenance of order, or public welfare.


2. Application documents for nationality restoration permit : All documents can be submitted to the Korean Embassy in Brussels.


① Application for restoration of nationality (form attached )
② Affidavit for restoration of nationality (form attached )
③ Notification of family relations (form attached )
④ Statement of identity (form attached ) - **NO requirement for Korean Adoptees
⑤ Basic certificate, certificate of family relations, or a copy of expulsion (for adoptees, you can apply directly at the embassy with adoption documents)
⑥ Documents certifying the cause and date of acquisition of foreign nationality (loss of Korean nationality) (certificate of acquisition of Belgian nationality, judgment, etc.) and translation in Korean
⑦ Belgian criminal record certificate
⑧ Copy of foreign passport
⑨ 1 passport photo
⑩ In cases of children acquiring Korean nationality due to a parent being a Korean national, a copy of the child's passport and documents proving the relationship between the parent and the child (birth certificate, etc.)
⑪ In cases of applicants whose names have changed after acquiring other nationalities, a certificate and translation that can prove that they are the same person.
⑫ Fees (200$ equivalent in euros)


3. Procedure after submitting the application
o Approx. 6 months (review period) to recover of nationality
o If permission is granted, the embassy will present the nationality certificate and the applicant will receive the certificate after completion of the national oath.
o In order to maintain multiple nationalities afterwards, you must sign out and submit a a non-compliance pledge** at Korean diplomatic missions abroad without having to visit Korea from the date of nationality restoration ceremony.
o Issuance of a passport in Korea (in case of resident registration, applicants will be given the remaining seven numbers of their Resident Registration Number.)
※ If you do not have any personal connections in Korea (family, friends etc.) you do not need to register as a resident.


※ Alternatively, a Korean passport can be issued at an overseas diplomatic mission (*Issuance of a Resident Registration Number is NOT POSSIBLE at an overseas diplomatic mission.*)


※ Applicants who are applying for restoration of their nationality can also apply for nationality for their children. However, the child will not be subject to the non-compliance pledge** and will therefore lose any other nationality (foreign nationality waiver - only one nationality is permitted).


※ Similarly, applicants who do not adhere to the non-compliance pledge** and maintain any other nationality will automatically lose their Korean nationality.

**non-compliance pledge is the legal oath that a Korean national who holds other nationalities will not use any nationality other than Korean whilst on Korean soil (Republic of Korea).


**For Korean Adoptees, they keep the double nationality with non-compliance plege**


4. Notes (for adoptees)

If a man aged 18 to 38 recovers his nationality, he will be required to serve in the military, and if he falls under the exemption reasons below, he is eligible for military exemption.

o Persons whose parents are unknown on the family relations register
o Those whose parents died before age 13 and have no family to support
o Children under the age of 18 who have been protected for at least 5 years in child rearing facilities, child protection facilities, and communal households pursuant to Article 52 Paragraph 1 of the Child Welfare Act


※ If you are listed on your original family registry(birth family) and you apply to recover your Korean citizenship before turning 38, you will be subject to mandatory military service. You will not be eligible for military exemption.

※ Visit the Military Manpower Administration in the year of regaining nationality and apply for exemption without physical examination.


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