‘Talented’ Foreigners to Get Dual Citizenship

by Robert Koehler on March 27, 2009

Are you a foreigner? With talent? Well, your ship may have come in:

The Korean government plans to allow foreign nationals to have dual citizenship on a selective basis as early as later this year to attract more global talent.

The Ministry of Justice said Thursday it will submit a bill to the National Assembly by June to pave the way for talented foreigners to obtain Korean citizenship without giving up their nationality.

Under the current law, non-Koreans must stay in Korea for five years in a row to be eligible to apply for Korean citizenship. They must also relinquish their nationality.

If enacted, however, a non-Korean evaluated by the government as a “talented person with ample potential to contribute to the nation’s development” will be allowed to become a naturalized Korean, retaining his or her nationality.

The criteria has yet to be decided, but if I were the Ministry of Justice, I’d consider putting an “American Idol”-esque talent show on KBS and let the public decide.

{ 29 comments… read them below or add one }

1 Brendon Carr (Korea Law Blog) March 27, 2009 at 10:48 am

The rub to this is that naturalizing foreigners must abandon claims to “special treatment” because they are not Korean. But realistically, there are only three such special-treatment benefits available to foreigners: (i) the benefit of claiming a flat 17% income-tax rate; (ii) the privilege to sponsor the work visa of a non-Korean domestic helper; and (iii) the privilege to have the possibility of sending one’s children to a school outside the grasp of the Korean education system.

I’m probably one of the foreign residents of Korea who would be interested in this offer, but as long as there’s any risk of having to take my kids out of the international school — I’ll pass.

The Korean problem, as I see it, is that the government’s plan to make Korea more attractive to foreign investors is to selectively offer them — and only them — certain benefits, all of which boil down to a marginal relaxation of the constant government interference with and harassment of business activities. What would make Korea more attractive to foreign investors would be for the government to get off the necks of all its citizens and residents.

2 wjk, 검은 머리 외국인 March 27, 2009 at 11:24 am

that stupid Canadian said otherwise.

3 Brendon Carr (Korea Law Blog) March 27, 2009 at 11:28 am

wjkWhich stupid Canadian? Remember, there are so many.

4 Arghaeri March 27, 2009 at 12:47 pm

Brendon, the special benefit on taxes is hardly insignificant it is the main reason, other than giving up my existing nationalities, that I won’t be in a hurry apply for Korean nationality (for which I already qualify).

Especially for people who don’t earn enough to benefit from the 17% (soon to be even lower) flat tax, the alternative option to take a 30% rebate on the amount of earning taxed is a very significant benefit.

5 Arghaeri March 27, 2009 at 12:59 pm

Brendon,

Isn’t the second benefit only open to a select few in any case, diplomats, their families and the like who are in any case not likely to change nationality.

6 mateomiguel March 27, 2009 at 2:22 pm

I’d like a non-Korean domestic helper… Where can I get one?

7 Linkd March 27, 2009 at 2:31 pm

I was told by two separate immigration officers that I could only sponsor a foreign domestic helper if my company had $500mil in invested capital. That’s right, dollars, not won. Not exactly a perk for your average D8.

8 Linkd March 27, 2009 at 2:32 pm

mateomiguel – the best resource is the bulletin boards at Hannam Supermarket, in the basement of the Volvo building.

9 Brendon Carr (Korea Law Blog) March 27, 2009 at 3:14 pm

Linkd — I’m pretty sure the domestic-helper sponsorship is possible for D-8 visa holders associated with foreign-invested companies whose paid-in capital and foreign-investment amount are each at least W500 million. Formerly foreign embassies from so-called “third countries” (those unlikely to waste funds on domestic helpers, since they had home-country staff upon whom to impose for chores) could be a source of bartered visas.

This isn’t something that I pay any attention to, really. I work at a Korean enterprise, and my kids are old enough to be impressed into household labor as necessary. And I’m not from the class that should be accustomed to having servants anyway.

10 earth_visitor March 27, 2009 at 4:19 pm

Brendon

What would be the advantage for the ‘typical’ western expat of having dual citizenship?

11 rampowers March 27, 2009 at 4:39 pm

@ #10

As an E-2 holder I would say:
- No more visa runs. Not worried about single vs multiple entry visas. No more visas period.
- And actually cheaper to go to China as China requires all people to get a visa and charges everyone $50, except US $100.
- Just hide your US passport and go to Cuba (you’d probably still have issues when going back to the US though)
- No limits on how long I would be in the country before needing to renew current visa.
- Legal tutoring.
- Take any job(s) and change jobs without getting permission.
- Could more easily (legally) get non-Korean domestic helper (perhaps).

Guesses
- Easier to get an apartment/car? Unsure.

12 R. Elgin March 27, 2009 at 5:56 pm

. . . actually cheaper to go to China as China requires all people to get a visa and charges everyone $50, except US $100

Man, *that* is an expensive pay toilet.

Also, with a Korean passport, you could get a cell phone without having to show your resident’s ID and prove you would be in Korea for longer than one year (according to the local SK Telecom shop, as of yesterday).

13 Brendon Carr (Korea Law Blog) March 27, 2009 at 8:45 pm

Nobody mentions getting to vote for one of Korea’s fantastic politicians, I notice.

14 Darth Babaganoosh March 27, 2009 at 9:51 pm

I thought “special” foreigners (not already married to Korean nationals and on F2s) were already eligible for F5 status. Not that I actually know of, or even heard of, anyone special enough to so obtain F5 status without marrying a Korean national first.

How is this going to be any different?

15 rich1million March 28, 2009 at 12:43 pm

Does anyone know why dual citizenship isn’t allowed for Koreans?

And if you must give up your citizenship of one country to become Korean, how is that actually enforced? I could, for example, say that I’m no longer British to the Korean immigration authorities, even sign whatever documents they put in front of me, yet I’m sure I could still–somehow–keep my (or get a new) British passport.

16 Brendon Carr (Korea Law Blog) March 28, 2009 at 1:20 pm

I thought “special” foreigners (not already married to Korean nationals and on F2s) were already eligible for F5 status. Not that I actually know of, or even heard of, anyone special enough to so obtain F5 status without marrying a Korean national first.

How is this going to be any different?

Citizens get to vote. I don’t know why people keep ignoring that significant difference. And what choices! You get to choose between Park Jin or some other crook, whoever the Communist Party candidate is, or an insane gravity-controlling crank.

Oh, and when you’re in trouble overseas, you presumably would get the same concern and efforts of the Korean Foreign Ministry exerted on your behalf as they would for any Korean citizen.

17 Arghaeri March 28, 2009 at 5:36 pm

“And if you must give up your citizenship of one country to become Korean, how is that actually enforced?”

Not sure that way round, certainly the other way round, I have met many Koreans who naturalised in their spouses’ country but never informed Korean authorities, hence they keep both passports.

They may get you to officially renounce your natural citizenship. Nonetheless many countries allow you to regain citizenship later after renouncement. Renounce your renouncement.

Also they wouldn’t be able to enforce it in some instances as some countries do not allow renouncement. I believe Italy is one of them. If you are Italian you remain so all your life regardless of your wish or actions.

18 Arghaeri March 28, 2009 at 5:39 pm

“Citizens get to vote.”

F5 do to at the city level, and as you’ve already noted there’s nothing to vote for anyway at the national level.

Still not worth the loss of benefits.

By the way, Brendon, was that last sentence tongue in cheek!! You know very well you can never be Korean in the eyes of a Korean simply by holding a passport.

19 Arghaeri March 28, 2009 at 5:42 pm

“F5 status without marrying a Korean national first.”

Certain people on D8 status qualify after approx 5 years on a D8. Depends on the amount invested by the foreign investment company that sponsors their D8.

20 Arghaeri March 28, 2009 at 5:44 pm

“Does anyone know why dual citizenship isn’t allowed for Koreans?”

This is not unique many countries have this rule. I don’t know but probably the reasoning is along the old “a dog cannot serve more than one master” lines.

21 Arghaeri March 28, 2009 at 5:49 pm

“How is this going to be any different?”

F5′s go to foreign investors, not necessarily talented foreigners. There are visas already for foreigners in certain specialist fields of knowledge. Presumably, this would be an extension to this programme rather than investors programme.

Although, again why would such persons want to give up the benefits. Persons in those specialised areas get extra special tax break – 0% tax if they qualify.

22 Arghaeri March 28, 2009 at 5:53 pm

“I’m sure I could still–somehow–keep my (or get a new) British passport.”

The UK is one of the countries where reinstatement of citizenship is possible after formal renouncement, but is discretionary and the guidelines say are along the lines of once is careless, twice is a mistake, third time you’re out for good..

23 Linkd March 28, 2009 at 6:31 pm

..I’m not from the class that should be accustomed to having servants anyway.

Nor I, nor I. But I have discovered that paying someone to love my daughter is one of the best uses I have ever found for my money.

24 earth_visitor March 28, 2009 at 7:20 pm

Arghaeri

> There are visas already for foreigners in certain specialist fields of knowledge.

Heard about it before, what are those ‘specialist fields’, any sources that provide more detailed info?
Somebody who holds such a visa is free to choose his/her employer?

25 Brendon Carr (Korea Law Blog) March 28, 2009 at 7:24 pm

You know very well you can never be Korean in the eyes of a Korean simply by holding a passport.

That’s okay. In the Foreign Ministry example, the overseas Embassy can be counted upon to be all three of the following: Incompetent, disinterested, and impotent. So even though they wouldn’t lift a finger to help a Korean named “Mike Smith”, they don’t do fuck-all for Hong Gil-Dong either.

I’m a libertarian, so ordinarily this would be my fantasy — a government that does nothing. But unfortunately, the Korean government is really hyperactive at interfering with its citizens’ lives in an attempt to dominate and control, and leaves the doing nothing for the times when you would want some help.

26 earth_visitor March 28, 2009 at 7:25 pm

More specific: do you need a sponsor to obtain this type of (special skill) visa?

(I consider myself a specialist in my field, want to move to Korea and try to figure out the options).

27 wookinponub March 28, 2009 at 11:41 pm

In a world where business ($) is so closely tied to government, libertarianism is a fantasy. I wish it weren’t so but help goes to megamoney only. If you can cite any real examples to the contrary, they would only be for mass consumption, with no real substance.

28 Arghaeri March 29, 2009 at 11:44 am

earth-visitor

You need a sponsor for almost any kind of visa in Korea, whether it be a spouse for an F2 or an employer for an employment visa.

The site explaining the specialisms is

http://www.goldcard.or.kr which despite its name is nothing to do with credit cards.

The main benefits are tax benefits for these specialties.

There are other ways, you can still get in in many cases if you can get a sponsor who is a “foreign investment” company or other ways though transfer in you existing company etc. For example my specialty doesn’t qualify, but then I originally came in with my specialty on a D8 foreign investment visa.

Check http://www.hikorea.go.kr also as this is what used to be called G4F (Govt for Furriners) and collects various sources of information, immigration etc.

29 earth_visitor March 29, 2009 at 9:29 pm

Thanks, Arghaeri!

Some time ago, i read this:

>> In the meanwhile, the government will be introducing a working visa system in early 2008 to allow highly-skilled foreign workers with experience in multinational companies or degrees from top universities, to seek jobs in Korea without an invitation.
>>

But I guess the source wasn’t reliable, never heard that such a system actually has been discussed / enforced.

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