Ministry of Justice "Conditional Residency Status for Long-term Illegal Foreign Child Residents"

[Asia Economy Reporter Kim Hyung-min] A temporary system allowing children born to undocumented foreign parents who have lived in South Korea for more than 15 years to stay conditionally will be implemented.

On the 19th, the Ministry of Justice announced the 'Conditional Relief Measures for Undocumented Children Born in Korea' including this provision and stated that applications will be accepted until February 2025, when the system will be implemented.

The Ministry of Justice explained, "To confirm the inevitability of domestic life and prevent social conflicts, the target is limited to children born in Korea who have already graduated from elementary school, and the implementation period is temporary. For parents, it is mandatory to leave the country once the child reaches adulthood to prevent the child from being used as a means of illegal immigration."

Regarding setting the domestic residence period to more than 15 years, it was explained that "consideration was given to the fact that by the age of 15, children practically form their self-identity as Koreans."

Children of undocumented foreigners who were born in Korea and have resided for more than 15 years as of the application date, who graduated from elementary school before February 28, 2021, and are currently enrolled in middle or high school in Korea or have graduated from high school, will be granted a residence status for study purposes (D-4) until high school graduation through this system.

For those who have already graduated from high school, conditions such as employment or university admission apply, and they can receive a temporary residence status (G-1) for one year. Those granted residence status must also fulfill the condition of diligently pursuing their studies and complying with the law and order.

If the conditions are violated due to criminal acts, extension of the residence period may be denied or the status may be revoked. In such cases, undocumented parents will also be temporarily exempted from deportation until the child reaches adulthood to ensure the child's healthy growth and development.

According to the Ministry of Justice, the number of children eligible for this system is estimated to be between 100 and 500, but there are no official statistics.