
South Korea's Justice Ministry will allow foreign nationals born out of wedlock who are suing Korean parents to establish legal parentage, along with their caregivers, to stay longer and potentially work while lawsuits are pending under new G-1-3 visa rules.
AI-generated summary
Foreign nationals born out of wedlock to Korean parents previously faced uncertain immigration status and work restrictions while pursuing parentage lawsuits in South Korea.
Foreign nationals seeking legal recognition of their Korean parentage will be allowed to stay in South Korea for longer periods than before, and potentially obtain work permits while their lawsuits are pending, the Justice Ministry said Friday.
The measure applies to foreign nationals born out of wedlock who have filed lawsuits against their Korean father or mother to establish legal parentage with them. Their caregivers would also be eligible for the new measure.
Previously, those who entered Korea on short-term C-3 visas faced uncertainty over their immigration status as long-term stays were not guaranteed during legal proceedings, the ministry said.
Even those who were exceptionally granted long-term residency were generally prohibited from working, making it difficult to support themselves while pursuing their cases.
Under the revised rules, eligible children and their caregivers can apply to change their immigration status to a G-1-3 visa, even if they initially entered Korea on a short-term visa.
Applicants must provide documents proving that legal proceedings are underway, along with evidence supporting the possibility of a parent-child relationship with a Korean national.
The G-1-3 status will be granted for up to six months at a time, with extensions subject to review based on the progress of the lawsuit.
The ministry will also introduce a procedure allowing applicants to obtain employment authorization on humanitarian grounds.
Those wishing to work must undergo a review by the ministry's Council for the Protection of Human Rights and Promotion of Rights and Interests of Foreigners. If humanitarian circumstances are recognized, they may apply for separate work authorization.
Employment will generally be permitted in fields including manual labor, while professional occupations will remain subject to existing qualification requirements.
"This measure is intended to prevent disadvantages that children of Korean descent and their caregivers may face during legal proceedings and to fulfill the state's minimum humanitarian responsibility," acting Justice Minister Lee Jin-soo said.
AI outlook โ possibilities, not facts
Eligible applicants will begin applying for G-1-3 visa status changes
Very likely ยท Within weeks
Some applicants will receive employment authorization on humanitarian grounds
Likely ยท Within months

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