Recovering Korean Nationality and Acquiring Dual Citizenship in 2023:
A Comprehensive Guide for Korean-Americans
Many Korean Americans (especially those over the age of 65 who wish to spend the rest of their lives in Korea) have a great interest in recovering their South Korean nationality and acquiring dual citizenship.
Today, our law firm, which has the utmost knowledge and experience in immigration and nationality laws, would like to share our expertise on recovering South Korean nationality and acquiring dual citizenship.
1. Confirming Dual Citizenship before recovering Korean Nationality
If your birthdate is before June 14, 1998, your father must have had Korean citizenship at the time of your birth for you to acquire dual citizenship (US/Korea) at birth.
If your birthdate is on or after June 14, 1998, you can acquire dual citizenship (US/Korea) at birth if either of your parents is Korean.
For example, if I was born before June 14, 1998, and only my mother was Korean at the time of my birth, I would not be able to acquire US/Korean dual citizenship. Therefore, I would not be eligible to apply for the recovery of South Korean nationality, which is only available to foreigners who have previously held Korean citizenship. In this case, I would need to apply for an F-4 visa to enter South Korea.
2. Confirming Completion of Birth Registration and Nationality Loss Report Procedures
Even if it is confirmed through the above that you have acquired dual citizenship since birth, you cannot immediately apply for the recovery of South Korean nationality.
If your parents did not register your birth or did not fulfill the nationality loss report procedure after losing Korean citizenship, it is impossible to apply for nationality recovery due to the lack of documents proving that you once held Korean nationality.
Therefore, before applying for nationality recovery, you must check whether the birth registration and nationality loss procedures have been completed. The birth registration process usually takes a few weeks, but the nationality loss report review typically takes 6 to 12 months. So, it is essential to promptly submit the nationality loss report before applying for nationality recovery.
3. Applying for Nationality Recovery and Acquiring Dual Citizenship
Once you have confirmed through the above that you have acquired dual citizenship by birth and that the birth registration and nationality loss report procedures have been completed, you can now apply for nationality recovery.
However, after applying for nationality recovery, if the recovery decision is made, you must renounce your US citizenship within one year, in principle. If you do not renounce your US citizenship, the nationality recovery decision will be canceled.
Exceptionally, if a Korean-American aged 65 or older applies for nationality recovery, they fall under the category of “those who have entered the country after the age of 65 with the purpose of residing permanently and have been granted nationality recovery permission under Article 9.” They can acquire US/Korean dual citizenship without renouncing their US citizenship by making a pledge not to exercise their foreign nationality after nationality recovery.
4. The Necessity of an F-4 Visa When Applying for Nationality Recovery for Those Aged 65 or Older
A crucial point in the above is that when a Korean-American aged 65 or older applies for nationality recovery, dual citizenship is not necessarily recognized. In other words, to be granted dual citizenship, you must “enter Korea after the age of 65 with the purpose of residing permanently from a foreign country.” Therefore, Korean-Americans aged 65 or older must first obtain an F-4 visa. By entering Korea with an F-4 visa, you will have a residence in Korea, making it easier to prove your intention to reside permanently. After that, you can apply for nationality recovery and, following the nationality recovery decision, acquire US/Korean dual citizenship by making a pledge not to exercise your US nationality.
Since 2014, our law firm has successfully handled over 100 cases involving the recovery of South Korean nationality and acquisition of dual citizenship services (including birth registration, nationality loss reports, and F-4 visa applications). While it is possible to navigate these procedures on your own, the document preparation can be complex and time-consuming. Therefore, we highly recommend seeking the assistance of professionals to guide you through the process.
If you have any questions or concerns regarding this matter, please do not hesitate to contact our office via email.
Please check one of our blogs regarding Dual Citizenship in Korea and the report below for more information about the dual citizenship in Korea.
South Korea
