Foreign employment & nationality

Nationality Choice Report Deadline and Procedure for Dual Nationals by Birth — Pledge Not to Exercise Foreign Nationality Before Age 22

A dual national who holds Korean nationality and a foreign nationality through birth or otherwise must choose one nationality before turning 22 if the person became a dual national before turning 20, or within 2 years from that time if the person became a dual national after turning 20 (Nationality Act, Article 12(1)). A person who chooses Korean nationality within this period may renounce the foreign nationality, or make a pledge not to exercise foreign nationality while having an address in Korea and file a nationality choice report. The pledge and the nationality choice report are filed with an immigration office, and a person who chooses the foreign nationality files a report of renunciation of Korean nationality through the Korean diplomatic mission with jurisdiction over the overseas address.

Procedure

  1. 1. Confirm dual nationality and calculate the choice deadline

    The procedure applies to a person who holds two nationalities from birth, and a Korean national who voluntarily applied for and acquired a foreign nationality lost Korean nationality at the time of acquisition, so that person is not subject to nationality choice. A person who became a dual national before turning 20 chooses before turning 22, and a person who became one after turning 20 chooses within 2 years from that time. The pledge method is available only when the report is filed within this period.

  2. 2. Check birth tourism and the military service timeline for men

    If a mother whose base of living was in Korea left Korea to have the child acquire a foreign nationality and the child was born abroad, Korean nationality can be chosen only after renouncing the foreign nationality. This does not apply if the parents stayed abroad continuously for 2 years or more in total before and after the birth, or acquired foreign permanent residency or nationality before or after the birth. A man cannot file a report of renunciation of Korean nationality after March 31 of the year he turns 18 until his military service obligation is resolved, so this date is checked together.

  3. 3. Prepare the nationality choice report and the pledge

    The nationality choice report (Form No. 7) is accompanied by a certificate of family relationship records, documents proving the reason and date of acquiring the foreign nationality, and a copy of the foreign passport. Under the pledge method, the pledge not to exercise foreign nationality (Form No. 5-2) and documents proving that the person does not fall under birth tourism are submitted, and under the renunciation method, documents proving the fact and date of renunciation are submitted. A man who makes a pledge after completing military service past the deadline adds military service documents.

  4. 4. File with the immigration office and receive notice of acceptance

    The pledge is prepared and submitted to an immigration office while the person has an address in Korea, and the nationality choice report is filed with the same office. The office forwards the documents to the Minister of Justice, who notifies the person and the family relationship registration office of the registration base when the report is accepted. When the pledge is accepted, a confirmation of the pledge is issued, and the issuance fee is 2,000 won per copy.

  5. 5. Missed deadlines and managing the pledge afterward

    If a nationality is not chosen within the period, the Minister of Justice orders the person to choose one nationality within 1 year, and if the order is not followed, Korean nationality is lost when that period ends. To choose Korean nationality after receiving the order, the foreign nationality must be renounced. If the person acts in clear violation of the pledge, such as repeatedly entering and leaving Korea on a foreign passport, an order to choose a nationality within 6 months may be issued.

Required documents

  • Nationality choice report (Form No. 7 of the Enforcement Rule of the Nationality Act)
  • Pledge not to exercise foreign nationality (Form No. 5-2 of the same Enforcement Rule) or documents proving the fact and date of renouncing the foreign nationality
  • Certificate of family relationship records
  • Documents proving the reason and date of acquiring the foreign nationality (birth certificate, etc.) and a copy of the foreign passport
  • Documents proving that the person does not fall under birth tourism (when reporting by pledge; documents set by the Minister of Justice)
  • Military service documents (for men who report by pledge after completing service past the deadline)
  • Translations of documents written in a foreign language
  • Letter of authorization (when an administrative agent files on the applicant's behalf)

Fees

Generally in the range of several hundred thousand won across the industry. We quote after consultation based on whether the pledge or renunciation method applies and the scope of documents showing the person does not fall under birth tourism and military service documents. The nationality choice report is not on the fee list of the Enforcement Rule of the Nationality Act, and issuance of a confirmation of the pledge not to exercise foreign nationality is 2,000 won per copy.

Legal basis and review date

  • Nationality Act, Article 10
  • Nationality Act, Article 11-2
  • Nationality Act, Article 12
  • Nationality Act, Article 13
  • Nationality Act, Article 14
  • Nationality Act, Article 14-2
  • Nationality Act, Article 14-3
  • Nationality Act, Article 15
  • Enforcement Decree of the Nationality Act, Article 3
  • Enforcement Decree of the Nationality Act, Article 11
  • Enforcement Decree of the Nationality Act, Article 16-2
  • Enforcement Decree of the Nationality Act, Article 17
  • Enforcement Decree of the Nationality Act, Article 18
  • Enforcement Decree of the Nationality Act, Article 18-4
  • Enforcement Rule of the Nationality Act, Article 8-2
  • Enforcement Rule of the Nationality Act, Article 11
  • Enforcement Rule of the Nationality Act, Article 12
  • Enforcement Rule of the Nationality Act, Article 18
  • Military Service Act, Article 8

Checked against the statutes on

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

  • After making a pledge not to exercise foreign nationality, repeatedly entering and leaving Korea on a foreign passport or completing alien registration or a residence report to exercise the foreign nationality is treated as an act in clear violation of the pledge, and an order to choose a nationality within 6 months may be issued.
  • A dual national is treated only as a Korean national in applying Korean laws, and must renounce the foreign nationality to work in a field where duties cannot be performed while holding a foreign nationality under the relevant laws.

Frequently asked questions

After turning 22, can I still keep dual nationality through a pledge not to exercise foreign nationality?
As a rule, no. After the period ends, a report choosing Korean nationality can be filed only after renouncing the foreign nationality. However, a man who has completed, or is deemed to have completed, service in active duty, full-time reserve, supplementary service, or alternative service may report by pledge within 2 years from that time.
Can a man exempted from military service choose nationality by pledge after the deadline?
Under the wording of the Nationality Act, no. The proviso allowing the pledge method after the period covers only completion or deemed completion of service, and does not include an exemption disposition or enrollment in wartime labor service. In this case, Korean nationality is chosen by renouncing the foreign nationality.
Can a child born through birth tourism keep both nationalities?
No. If it is recognized that the mother stayed abroad at the time of birth to have the child acquire a foreign nationality, Korean nationality can be chosen only after renouncing the foreign nationality. This does not apply if the parents stayed abroad continuously for 2 years or more in total before and after the birth, acquired foreign permanent residency or nationality before or after the birth, or stayed abroad for the period set by the Minister of Justice for study, official dispatch, overseas posting, employment, or similar reasons.
By when must my son file to renounce Korean nationality?
By March 31 of the year he turns 18. After that date, he cannot file a report of renunciation of Korean nationality until his military service obligation is resolved, and the report can be filed only through the Korean diplomatic mission with jurisdiction over his address abroad when he has an overseas address, with a fee of 20,000 won per person. Even after the deadline, a person who was born abroad and has continuously kept the base of life abroad, among others, may apply for permission to renounce Korean nationality if there is a justifiable reason.
If my child later applied for and received foreign citizenship, is nationality choice required?
No. A Korean national who voluntarily acquires a foreign nationality loses Korean nationality at the time of acquiring it and must file a report of loss of nationality. A person who acquired a foreign nationality through marriage, adoption, acknowledgment, or similar grounds can keep Korean nationality by filing a report of intent to retain nationality within 6 months.
Does an administrative agent handle the nationality choice report?
Yes. Hwang Yunsang Administrative Office reviews the choice deadline and eligibility for the pledge based on the circumstances of birth and the military service timeline, prepares the nationality choice report and the pledge not to exercise foreign nationality, and files them with the immigration office on the applicant's behalf. We organize the list of attachments and documents showing the person does not fall under birth tourism, and accompany the applicant at filing if the office requires the applicant to appear in person.

Contact us

Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.

📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com

This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.