Unregistered Child Visa Support, Still a High Barrier [Migrant Childcare Struggles]

"Forcing a person who was born in the Republic of Korea and has lived almost exclusively within the regional and social foundations of Korea to leave for another country without reason violates the 'constitutional spirit of a civilized nation' that must protect human dignity and guarantee the right to survival."

On May 17, 2018, the Administrative Division of Cheongju District Court (then presided over by Judge Shin Woo-jung) ruled in favor of a 19-year-old Nigerian youth in a lawsuit seeking the cancellation of a deportation order filed against the immigration authorities. The youth was lawfully born in Korea but lost his residency status when his father was forcibly deported when he was eight years old. Becoming an undocumented migrant child, he stayed in Korea, graduated from elementary, middle, and high school, and started working immediately but was caught and issued a deportation order. The youth's victory became the first ruling to protect undocumented children who grew up practically as Koreans but were exposed to the fear of deportation.

Four years have passed since then, but social issues surrounding 'undocumented children' have deepened. These children lose their residency status after entering the country following their parents or are born in Korea to parents without residency status. Without a foreigner registration number, they are excluded from basic social safety nets such as healthcare, education, and welfare. The Ministry of Justice estimated the number of undocumented children residing in Korea at around 3,400 as of the end of last year. This figure does not include children born to undocumented parents. Related organizations estimate the number to be 'over 20,000.'

In April of last year, the Ministry of Justice introduced a 'temporary expansion plan for granting residency status' so that these children could receive protection for rights such as education within the system. However, criticism arose that the application conditions, such as 'residing in Korea for more than 15 years,' were narrower than a needle's eye. In fact, during the 10 months after the system was implemented, only about 80 applicants, including children and parents, applied.

In January, the Ministry of Justice expanded the eligibility to include 'migrant children not born in Korea' who entered the country during infancy (under 6 years old) with at least 6 years of residence, and children who entered after infancy with at least 7 years of residence and completed public education.

According to the Ministry of Justice on the 21st, a total of 501 children applied for residency status through related systems at immigration offices nationwide as of the 31st of last month. Among them, 324 children (as of the 6th) received residency status. Considering the estimated 20,000 undocumented children, only 0.162% benefited. This is why the Ministry of Justice's supplementary measures continue to be criticized as far from sufficient.

Song In-seon, director of the Gyeonggi Global Center, criticized, "Applying criteria such as length of residence, age, and country of birth to guarantee children's basic rights like education is inherently illogical," adding, "Children did not come to Korea by their own judgment or decision. It is wrong to administratively process children born under the stigma of being undocumented with such standards."

The National Human Rights Commission also pointed out, "The supplementary measures are planned to be implemented temporarily for three years, so children who do not receive residency status after the period ends will arise," and "In multi-child families, opportunities to grant residency status may differ among siblings." They also expressed concerns that if these children become adults and cannot attend university or work, they might only receive 'one-year temporary residency status.'