Korean Immigration and Naturalization Laws Relevant to Visa Issuance
- Article 12 of the Presidential Ordinance enforcing Korean Immigration Law allows foreigners married to Koreans to apply for a marriage visa.
- After two years of entry into Korea on this visa, the foreign spouse may apply for a permanent resident visa and receive a permanent resident card.
- Under Korean Naturalization Law, foreign nationals may acquire Korean citizenship if:
- Legally married to a Korean and resident in Korea for at least two years.
- Have valid visa status and have lived in Korea for more than five years without legal violations.
Current Status of Filipino Nationals in Korea
- As of 2007, 4,197 Filipino nationals have been granted Korean citizenship (majority female).
- 64 Filipinos hold permanent resident cards in Korea while retaining Philippine nationality.
Legal Basis for Granting Permanent Resident Visa in the Philippines
- Section 13 of Commonwealth Act No. 613, as amended, is the governing law under which permanent resident visas are granted.
- Granting permanent resident visa to Korean nationals is in line with reciprocity principles.
Administrative Process and Implementation
- Associate Commissioner Roy M. Almoro tasked with preparing implementing guidelines within 30 calendar days from approval.
- The Memorandum Order takes effect immediately upon approval by the Secretary of Justice.
Conditions and Requirements
- Permanent resident visa issuance is contingent upon:
- Proper application.
- Fulfillment of qualification criteria.
- Payment of applicable immigration fees.
Policy Significance
- The order fosters bilateral goodwill and reciprocity in immigration privileges between the Philippines and Korea.
- It aligns Philippine immigration policy with practices recognized by the Korean government concerning Filipino nationals residing in Korea.