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Procedures to restore nationality for adoptees

DATE
2020-11-20

You must submit your application in-person (CLICK)  

 

1. Overview of Nationality Recovery Permit
o Nationality Restoration is a system that allows reinstating of Korean citizenship by obtaining permission from the Ministry 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 Ministry of Justice shall not allow to reinstate 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 Consulate General of the Republic of Korea

*Our jurisdiction is Washington, Oregon, Montana and Idaho (☞ Click for more information)

Application for restoration of nationality (form attached)
Affidavit for restoration of nationality (form attached)
Notification of family relations (form attached)

Basic certificate, family relation certificate, or family registry (for adoptees, you can apply directly at the Consulate General with adoption documents)
Documents certifying the cause and date of acquisition of foreign nationality (Certificate of Naturalization) and translation in Korean

⑥ Adoption decree and translation in Korean
Criminal history record check issued by FBI AND apostille confirmation by US Department State office of Authentications (Washington D.C)  

FBI criminal background check is only valid for 6 months from its date of issuance by the FBI (Not from the date of Apostille)

If you have lived in other country more than 6 months, you must submit the country's criminal record check with notarization or Apostille as well. (e.g. If you are a Canadian citizen and have lived in the U.S. more than 6 month, you need to submit the FBI background check AND the Fingerprints C.R.C. from RCMP with notarization by Korean Consulate General in Canada)

Exemption : 60 years of age or more

⑧ Original Passport
1 passport photo
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.) and translation in Korean
In cases of applicants whose names have changed after acquiring other nationalities, a name change statement and translation that can prove that they are the same person.
⑫ Fees $188

**You must complete all the forms in Korean**

 

3. Procedure after submitting the application
o Approx. 6 - 12 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 within one year enter Korea from the date of permission to restore your nationality, visit a domestic immigration office and make a non-compliance pledge.
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).

 

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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