6-month string attached to dual citizenship

By Kim Rahn Korean babies born in a country offering birthright citizenship will be considered “anchor babies” and denied dual citizenship if their parents stay there for less than six months around the birth, the Ministry of Justice said Sunday. The government’s decision to apply such restrictions on the revised immigration law is aimed at preventing dual citizenship holders from taking advantage of a foreign national’s right to avoid mandatory military service or other laws that only apply to Korean nationals. The ministry announced detailed rules on the revised law which took effect at the beginning of the year. In principle, the revised immigration law permits Koreans, who are born in foreign countries when their parents are working or studying there and obtain citizenship of the countries, to maintain dual citizenship. But babies whose parents’ stay is less than six months will be disqualified. To give dual citizenship to a child, the parents should attend a foreign college for at least six months around the child’s birth, and at least a year if the parents take language courses. Dual citizenship will also be allowed when the parents work for a Korean company or organization for more than a year and are sent to its overseas branch for over six months. Among other beneficiaries are public servants who work overseas for over six months, those who work for a company in a foreign country for more than a year and those running their own business in a foreign country for more than a year. “If the parents stay in a foreign country with good causes but for less than six months, the child will not be allowed to maintain dual citizenship and will have to choose between the two nationalities,” a ministry official said. If one of the parents stays in a foreign country for more than two years around the baby’s birth, the baby will be granted dual citizenship. But if the parent stays in Korea for more than 90 days during the two-year period, the privilege will not be given to the child. The regulation also stipulates that Chinese who were born here and are aged over 20 will be exempted from the written exam in the naturalization process if they have no criminal record and can make a decent living. Previously the exemption was available only for those who completed Korean school courses or foreign spouses who married Koreans. “We decided to exempt them from the exam because people in the Chinese community have settled here for decades and adapted themselves to Korean society,” the official said. But the Chinese community criticizes the revised law, which excludes Chinese from the dual citizenship list. 6개월 미만 유학, 파견근무 땐 원정출산 간주 출생지 시민권을 허용하는 나라에서 태어난 한국아이들은 부모가 출생전후 6개월 미만 체류한 경우 ‘원정출산’으로 간주 이중국적이 허용되지 않는다고 법무부가 9일 밝혔다. 정부가 개정된 이민법에 이러한 규정을 적용하기로 결정한 것은 이중국적자들이 외국국적을 이용하거나 한국국적자들에게만 적용되는 다른 법률을 이용해 병역의무를 기피하는 것을 방지하기 위해서다. 법무부는 이날 금년 초 효력을 발생한 개정된 법의 세부 규정을 발표했다. 원칙적으로 개정된 이민법은 부모가 외국에서 취업이나 유학을 하며 시민권을 취득하여 그곳에서 태어난 한국아이에 대해 이중국적을 갖는 것을 허용한다. 그러나 부모들이 6개월 미만 체류한 경우에는 이러한 자격을 상실한다. 아이가 이중국적을 갖기 위해서는 부모가 출생 전후 6개월간 외국 대학에 다녀야 하며 만약 언어과정을 밟고 있다면 최소 1년을 머물러야 한다.

rahnita@koreatimes.co.kr