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Judge Rules in Favor of Vietnamese National Denied Residency After Marrying Korean Citizen
GIMCHEON, Nov. 6 (Korea Bizwire) — A South Korean court has ruled in favor of a Vietnamese national who sued immigration authorities after being denied residency despite being married to a naturalized Korean citizen, in a case highlighting the balance between immigration control and humanitarian considerations.
According to the Korea Legal Aid Corporation on Tuesday, the Gwangju District Court recently overturned a decision by the Gwangju Immigration Office that had rejected the man’s application to change his visa status to a marriage-based immigrant visa.
The plaintiff, identified only as A, entered South Korea in 2013 as a crewman on a fishing vessel and overstayed his visa after it expired the following year. While living undocumented, he married a Vietnamese-born woman who had acquired Korean citizenship through marriage to a Korean man. She had a Korean-born child from her previous marriage.
Immigration authorities rejected A’s request for visa status change, citing his illegal stay and lack of reported income that met the threshold for a three-member household. The agency argued that undocumented migrants are ineligible for status change and that A had no taxable income on record.
A’s legal representatives countered that his undocumented status prevented him from filing income tax returns but that he had consistently earned money through farm work, supporting his ailing wife and her child.
The Korea Legal Aid Corporation, which represented him, argued that deportation would leave his family without financial or caregiving support, given his wife’s serious illness and their dependent child.
The court sided with A, ruling that the immigration office had overstepped its discretionary authority. It found sufficient evidence that A’s family had a stable source of income and a reasonable prospect of continued financial self-sufficiency.
“The court recognized that the case required a practical, humanitarian assessment rather than a strict numerical test,” said attorney Park Kyu-yeon of the Korea Legal Aid Corporation.
Following the ruling, A has been granted marriage-based residency, allowing him to live and work in South Korea without restriction as long as his marriage remains valid.
Jerry M. Kim (jerry_kim@koreabizwire.com)
