Permanent residence, overseas Koreans & family stay
F-4 (Overseas Korean) Restriction for Men Without Completed Military Service — Apply from January 1 of the Year They Turn 41
Under Article 5(2)1 of the Act on the Immigration and Legal Status of Overseas Koreans, a man who renounced or lost Korean nationality without completing or being exempted from military service cannot be granted F-4 (Overseas Korean) status. However, if the Minister of Justice finds it necessary, the status may be granted from January 1 of the year he turns 41, so until December 31 of the year he turns 40 it is not granted on this ground. This rule applies to people who renounced or lost nationality on or after May 1, 2018, while those who did so earlier fall under the former provision based on intent to evade military service and age 38. Men who completed active duty, full-time reserve, supplementary or alternative service, were placed in wartime labor service, or received an exemption disposition are not subject to this restriction.
Procedure
1. Confirm the date nationality was lost
A person who filed a renunciation loses Korean nationality when the Minister of Justice accepts the report, and a person who voluntarily acquired a foreign nationality loses it at the time of that acquisition. Because the applicable rule depends on whether this date is on or after May 1, 2018, first fix the date using the detailed basic certificate, the naturalization certificate and the renunciation acceptance documents.
2. Check whether military service was resolved
If, when nationality was lost, the man had completed or is deemed to have completed active duty, full-time reserve, supplementary or alternative service, had been placed in wartime labor service, or had received an exemption disposition, the restriction in Article 5(2)1 does not apply. If so, prepare military service documents such as a certificate of military service record; if not, move on to calculating when he can apply.
3. Calculate when an application becomes possible
A person who lost nationality on or after May 1, 2018 can apply from January 1 of the year he turns 41; for example, someone born in 1990 can apply from January 1, 2031. A person who lost nationality by April 30, 2018 is restricted under the former provision only if he had the purpose of evading military service, and that restriction stops applying once he turns 38. Cases where there is a risk of harming the interests of the Republic of Korea (item 2 of the same paragraph) are reviewed separately regardless of age.
4. Prepare the application form and proof of Korean descent
From abroad, apply for a visa at a Korean diplomatic mission with the visa application form; if already in Korea under another status, apply to the competent immigration office for a change of status with the integrated application form. Prepare family relation records showing the applicant was a Korean national and documents proving the reason for and date of acquiring foreign nationality, and applicants under the former provision also submit explanatory materials, such as proof of the family's life base abroad, showing there was no intent to evade military service.
5. Residence report and family stay after approval
After entering with F-4, the person may set a place of residence and file a domestic residence report with the competent immigration office, and each period of stay is up to 3 years. A spouse and minor children without a spouse may consider F-3 (Dependent Family) status. Extensions of stay are also refused if a ground under Article 5(2) exists, so keep the military service documents.
Required documents
- Visa application form (Enforcement Rules of the Immigration Act, Form No. 17, when applying at a diplomatic mission) or integrated application (report) form (Form No. 34 of the same Rules, for a change of status in Korea)
- Passport and standard-size photo
- Detailed basic certificate, family relation certificate or removed family register proving the applicant was a Korean national
- Document proving the reason for and date of acquiring foreign nationality (such as a naturalization certificate)
- Document confirming acceptance of the nationality renunciation or processing of the loss of nationality
- Certificate of military service record or other document confirming completion of service, placement in wartime labor service or exemption disposition (if applicable)
- Explanatory statement and evidence of the family's residence and life base abroad showing no intent to evade military service (if nationality was lost on or before April 30, 2018)
- Apostille or consular legalization for documents issued abroad, with translations
Fees
Industry range is several hundred thousand won · we provide a quote after consultation based on whether it is a visa application abroad or a change of status in Korea, when nationality was lost and the volume of supporting materials. Government fees are separate.
Legal basis and review date
- Act on the Immigration and Legal Status of Overseas Koreans, Article 2
- Act on the Immigration and Legal Status of Overseas Koreans, Article 5
- Act on the Immigration and Legal Status of Overseas Koreans, Article 6
- Act on the Immigration and Legal Status of Overseas Koreans, Article 10
- Act on the Immigration and Legal Status of Overseas Koreans, Addenda (Act No. 14973, Oct. 31, 2017), Articles 2 and 3
- Enforcement Decree of the Act on the Immigration and Legal Status of Overseas Koreans, Article 3
- Enforcement Decree of the Act on the Immigration and Legal Status of Overseas Koreans, Article 4
- Enforcement Decree of the Immigration Act, Annex 1-2
- Enforcement Rules of the Immigration Act, Annex 1
- Enforcement Rules of the Immigration Act, Annex 5
- Enforcement Rules of the Immigration Act, Form No. 17
- Enforcement Rules of the Immigration Act, Form No. 34
- Nationality Act, Article 14
- Nationality Act, Article 15
- Nationality Act, Article 16
Check these first
- An application filed before January 1 of the year the applicant turns 41 is refused on the ground in Article 5(2)1, so first calculate the application date from the birth year and the date nationality was lost.
- If a report of loss of nationality has not been filed after acquiring a foreign nationality, the person remains a Korean national in the family relation register, so complete the report of loss of nationality under Article 16 of the Nationality Act before applying for F-4.
Frequently asked questions
When can a man who renounced Korean nationality without military service get F-4?
Is the F-4 rule different if nationality was renounced before 2018?
Is there no F-4 restriction if I served in the military or was exempted?
Is a son who acquired foreign citizenship as a child along with his parents also restricted from F-4?
Once F-4 is granted, can my spouse and children stay with me?
Does an administrative agent handle F-4 applications involving military service issues?
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.
