Prior opinions & explanations

Using a Korean Passport After Acquiring Foreign Citizenship: How to Prepare an Explanatory Statement for an Immigration Offense Review — Fine Standards and F-4 (Overseas Korean) Application

When a Korean national voluntarily acquires a foreign nationality, Korean nationality is lost at the time the foreign nationality is acquired, and the Korean passport loses its effect at the same time. Entering or leaving Korea on that Korean passport afterwards means a foreigner entered or departed without a valid passport and visa, which leads to an offense review by the immigration office. Depending on the findings, the head of the immigration office notifies a fine, and the person who receives the notice must pay within 15 days. Submitting an explanatory statement on the circumstances during the review and completing the nationality loss report make it possible to move on to a stay application such as Overseas Korean (F-4).

Procedure

  1. 1. Confirm when nationality was lost and how the Korean passport was used

    A person who voluntarily acquires a foreign nationality loses Korean nationality at the time of acquisition, and if the acquisition date is unknown, it is presumed to be the date the first foreign passport was issued. Using the acquisition date on the citizenship certificate, check the dates and number of entries and departures made on the Korean passport after that date, and whether a Korean passport was newly issued or reissued, using travel records and the passports.

  2. 2. Prepare and file the nationality loss report

    A person who has lost nationality must file a nationality loss report with the Minister of Justice, using the nationality loss report form (Form No. 10 of the Enforcement Rule of the Nationality Act) with a certificate of family relation records, documents proving the cause and date of the foreign nationality acquisition, and a copy of the foreign passport, submitted to an immigration office or a Korean diplomatic mission. The form shows no fee and a processing period of 6 months. As a rule the person files in person, and a spouse or a relative within the fourth degree may file on the person's behalf.

  3. 3. Attend the offense review and submit the explanatory statement

    Immigration officers may summon a foreigner suspected of a violation for questioning and record the statements in a written record. The explanatory statement sets out, in date order, when the person learned of the loss of nationality, how and how many times the Korean passport was used, whether the person reported voluntarily, family and living ties in Korea, and preventive steps such as completing the nationality loss report, with supporting evidence attached. Dates and facts in the statement should match what was said during questioning.

  4. 4. Check the notice of disposition and pay the fine

    For a foreigner who entered without a valid passport and visa or departed without a valid passport, the standard fine is 5,000,000 won for a first case, rising to 15,000,000 won and 30,000,000 won if the person received a fine for the same violation within the last 3 years. The head of the office may reduce or increase the standard amount by up to one half considering age, circumstances, motive and result, ability to pay, and number of violations, and the Minister of Justice may exempt the notified disposition. The fine must be paid within 15 days of receiving the notice, and non-payment leads to a criminal complaint.

  5. 5. Move on to an Overseas Korean (F-4) or other stay application

    After the offense review, check whether the person can apply for Overseas Korean (F-4) status as a foreign national of Korean descent. A man who lost nationality without completing military service generally cannot receive overseas Korean status before January 1 of the year he turns 41, and the status is also not granted where there is concern of harm to the interests of the Republic of Korea. A foreigner for whom a cause such as loss of nationality arose while staying in Korea must obtain a status of stay within 60 days of that date, so the timing of the application is checked as well.

Required documents

  • No prescribed form (the explanatory statement and account of circumstances submitted in an immigration offense review have no statutory form and are written to fit the case)
  • Nationality loss report (Form No. 10 of the Enforcement Rule of the Nationality Act)
  • Certificate of family relation records
  • Documents proving the cause and date of foreign nationality acquisition (citizenship certificate, etc.) and a copy of the foreign passport
  • Copy of the Korean passport and travel records (certificate of facts of entry and departure, etc.)
  • Explanatory statement and account of circumstances with supporting evidence (family ties in Korea, need to stay, preventive measures)
  • Integrated application form (Form No. 34 of the Enforcement Rule of the Immigration Act) and attachments for the status of stay (for a later F-4 or other stay application)
  • Letter of authorization (when an administrative agent files on your behalf)

Fees

Generally in the range of several hundred thousand won across the industry · We will advise after consultation based on the number and period of entries and departures, whether the nationality loss report has been completed, and whether a later F-4 stay application is included. Any fine is paid by the person separately from our fee.

Legal basis and review date

  • Nationality Act, Article 15
  • Nationality Act, Article 16
  • Enforcement Decree of the Nationality Act, Article 20
  • Enforcement Decree of the Nationality Act, Article 25-2
  • Enforcement Rule of the Nationality Act, Article 14
  • Enforcement Rule of the Nationality Act, Form No. 10
  • Passport Act, Article 13
  • Passport Act, Article 16
  • Passport Act, Article 24
  • Immigration Act, Article 7
  • Immigration Act, Article 11
  • Immigration Act, Article 23
  • Immigration Act, Article 28
  • Immigration Act, Article 46
  • Immigration Act, Article 48
  • Immigration Act, Article 94
  • Immigration Act, Article 102
  • Immigration Act, Article 103
  • Immigration Act, Article 105
  • Enforcement Rule of the Immigration Act, Article 86
  • Enforcement Rule of the Immigration Act, Annex 7
  • Act on the Immigration and Legal Status of Overseas Koreans, Article 5

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

  • If a Korean passport was newly issued or reissued after acquiring foreign citizenship, a separate issue of obtaining a passport by improper means under the Passport Act (imprisonment of up to 3 years or a fine of up to 30,000,000 won) may arise, so check the reissuance history first.
  • A person who departs under a deportation order may be subject to an entry ban until 5 years have passed, so it is advisable to submit materials on the need to stay in Korea during the offense review.

Frequently asked questions

Is it illegal to enter Korea on a Korean passport after acquiring foreign citizenship?
Yes, it violates the Immigration Act. Voluntarily acquiring a foreign nationality ends Korean nationality and the Korean passport loses effect, so entering on the Korean passport afterwards means a foreigner entered without a valid passport and visa. The statutory penalty is imprisonment of up to 3 years or a fine of up to 30,000,000 won, and in practice many cases are handled by a notified disposition of the immigration office.
How much is the fine for using a Korean passport?
The standard amount for a first case is 5,000,000 won. If the person received a fine for the same violation within the last 3 years, the standard amount is 15,000,000 won, and after that 30,000,000 won. The head of the office may reduce or increase the standard amount by up to one half considering age, circumstances, motive, ability to pay, and number of violations, so these circumstances should be described specifically in the explanatory statement.
Can the notified fine be exempted?
It is possible under conditions. The Minister of Justice may exempt the notified disposition considering the offender's age and circumstances, the motive and result of the violation, ability to pay the fine, and other mitigating factors. The office decides on exemption, so it is important to submit the background of the mistake, any voluntary report, and follow-up steps such as the nationality loss report with evidence.
What happens if I cannot pay the fine right away?
If the fine is not paid within 15 days of receiving the notice, the head of the office must file a criminal complaint. However, no complaint is filed if the fine is paid before the complaint. If payment within the deadline is difficult, inform the office right after receiving the notice and confirm how to pay.
Can I still get an F-4 visa after an offense review?
It is possible under conditions. The Act on the Immigration and Legal Status of Overseas Koreans provides that overseas Korean status is not granted to a man who lost nationality without completing military service (generally before January 1 of the year he turns 41) or where there is concern of harm to the interests of the Republic of Korea. The result of the offense review and whether the disposition was fulfilled are reflected in the review, so apply after the disposition has been settled.
Does an administrative agent handle the explanatory statement for a Korean passport offense review?
Yes. Hwang Yunsang Administrative Office organizes the date of nationality loss and travel records, prepares the explanatory statement, account of circumstances, and supporting evidence for the immigration office, and files them on your behalf. We also prepare the nationality loss report and then prepare and file the documents for a stay application such as Overseas Korean (F-4).

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.