Nationality Act Article 15
(Loss of nationality caused by gaining of foreign nationality)
· Korean nationals that voluntarily acquired foreign nationality must forfeit Korean nationality at the time of the acquisition.
· Korean nationals that belong to the following (but did not voluntarily gain foreign nationality), must declare willingness to maintain Korean nationality within 6 months from acquiring such foreign nationality. Failure to do so will result in loss of their Korean nationality.
- Those that married a foreigner and gained the nationality of the spouse
- Those that were adopted and gained the nationality of their foster parent.
- Those that gained the nationality of foreign parent through his/her recognition
- Spouse or children (minor) of those that gained a foreign nationality and lost Korean nationality that gained foreign nationality by extension, under the laws of the foreign country.
· Those that lost Korean nationality due to acquiring a foreign one, but does not know the exact date of acquisition, it will be defined as the date of the very first foreign passport issued to them.
· Those born as Korean nationals that voluntarily acquire foreign nationality through naturalization or other means of gaining foreign nationality will automatically forfeit Korean nationality upon said acquisition.
· If acquisition of foreign nationality was involuntary, they must report their willingness to maintain Korean nationality within 6 months of the said acquisition. Otherwise, they will automatically be considered to have lost their Koran nationality on the day of the acquisition of foreign nationality.
- Those that do declare their willingness to maintain Korean nationality within six months of acquiring foreign nationality will then be eligible for application of nationality choice system as dual nationality holder.
· Dual nationality holders that do not choose Korean nationality within the assigned period will forfeit their Korean nationality.
· Foreigners that acquire Korean nationality through naturalization or reinstatement of Korean nationality will forfeit it if they do not give up their original nationality within six months from the acquisition of Korean nationality.
Cautions in filing the loss of nationality report
· Reporting the loss of nationality is possible in overseas Korean Embassies / consulates.
· Reporting the loss of nationality is possible regardless of status of military service (applicable to males) or age (applicable to females).
· When reporting the loss of nationality, the name stated in family relation certificate must be used as the name of the applicant.
· If the name stated in family relation certificate and the name stated in passport differ by more than two letters, a legal document is needed to certify the change of name.
- Ex.: A certificate of name change or a copy of the back page of USA citizenship certificate
· If such document does not exist, name change certificate issued by corresponding Embassy or mother country must be reported. Alternatively, parents (or equivalent persons) must give written guarantee that both names refer to the same person (fixed with registered seals) with public certification as well as the certificate of seal impression of guarantor(s).
· Males between 18-38 years of age(from January 1st of the year he becomes 18 to December 31st of the year he becomes 38) that cannot provide foreign national’s certificate or military service certificate (documents showing fulfillment of military service, exemption from military service, or register as 3rd National Service) must instead provide certificate showing the date of gaining of foreign citizenship issued by corresponding foreign Embassy.
※ You must submit your application in-person and appointments are required to visit our office⇒︎ (Online Appointment)
□ Required Documents (국적상실신고시 제출서류)
All supporting documents and identifications must be original to verify the authenticity, then you will be allowed to submit photocopies of them. The Ministry of Justice may request additional documents during the application review process. Regardless of gender or age, Loss of Nationality Report must be submitted officially when a formerly Korean national becomes a naturalized U.S. citizen due to an adoption, marriage, or voluntarily acquiring the citizenship.
1. Loss of Nationality Report Form (must be written in Korean)
2. Original Naturalization Certificate (This is required to determine and confirm the official date of naturalization)
3. Original US Passport (Passport must be valid for more than 1 year. Please bring along with your old Korean passport)
4. One Passport Photo (2" by 2")
5. Original Petition for Name Change (Anyone officially changed name due to a marriage or naturalization, must provide a legal proof)
6. Applicant’s Basic Certificate (기본증명서 상세)**
7. Applicant’s Family Relation Certificate (가족관계증명서 상세)**
** You may request your basic and family relation certificates directly at our office.
8. For adoptees, adoption decree or adoption documents
□ Processing time: 6 months