G1 Visa (G-1-6) - Eligibility and Requirements for humanitarian stay permits for Refugee applicants and those denied refugee status

A foreign couple visited our office with the following situation.

A, a Lebanese national, has been staying in Korea as an refugee applicant (G-1-5) for over ten years. He has applied for refugee twice and appealed, but all were dismissed.

B, a Filipino national, married a Korean man and came to Korea on a marriage visa (F-6-1) in 2007. She had her first child in 2008 and her second in 2010 with her Korean husband, who passed away in 2010. Afterward, B received an F-6-2 visa due to her responsibility to care for her Korean children.

While raising her two children alone, B met A in 2016, and they married in 2018. In 2019, they had their third child, C, who took Lebanese nationality, following his father due to his both parents are foreigners. C received an F-1 visa.

A's remaining stay period was running out, and to continue staying with the current status (G-1-5), their only option seemed to be to file an administrative lawsuit (appealing the rejection of refugee status), which would essentially only delay the process. In this situation, they visited our office.

Had B successfully naturalized as a Korean citizen, A could have applied for an F-6 (marriage migrant) visa, eliminating these concerns. However, B had already applied for naturalization three times without success.

Currently, A’s family of five was living happily under one roof. A not only supported their child C but also provided allowance and tuition fees to B's first and second children from a previous marriage, offering financial and emotional support to the children.

(A had legal permission to work outside of visa status.)

Moreover, C was not only A and B’s child but also the cherished younger sibling of B's first and second children, who are Korean citizens.

The couple cannot separate and A cannot taking C to war-torn Lebanon to raise him, and it is heartbreaking for C to have to grow up without a father if A returns to Lebanon alone. C is entirely innocent in this situation.

The option for the entire family to suddenly move to the Philippines with B’s first and second children was also challenging.

It would be too harsh for this family, who were living well together, to be separated overnight, especially for the children who are Korean nationals.

Humanitarian reasons are often narrowly defined, limited to pregnancy or childbirth. I'm unsure how humanitarian reasons can be fully defined, but I judged that the humanitarian aspects of this situation were highly significant.

1. Various documents proving humanitarian reasons

- Handwritten appeals from the children, handwritten appeals from B’s Korean relatives, village head, and youth association leader, among others.

2. Documents proving child-rearing

- Tuition payment records for the children, records of allowances A transferred to the first and second children, and to B.

3. Documents proving family relationships

- Marriage certificate of A and B, family relationship certificates for B's first and second children who are Korean citizens, resident registration certificate, C’s birth certificate, and DNA test results for A, B, and C.

Along with other relevant documents and proof of residence, we applied for a G-1-6 visa. The application was accepted and is currently under review. We hope it will be approved so that A can continue living happily with their family.

Refugee Applicants (G-1-5) and Those Denied Refugee Status with Humanitarian Stay Permits (G-1-6)

1. Eligibility

- Foreign nationals in Korea who have applied for refugee status (G-1-5)

- Those denied refugee status who have been granted humanitarian stay permits (G-1-6)

2. Duration of Stay Permits

- Refugee applicants: 6 months to 1 year.

※ The head of the relevant department may flexibly adjust the permit period up to the legal limit (1 year) based on the litigation period and other humanitarian reasons.

- For those denied refugee status who have received humanitarian stay permits, a 1-year stay period is granted from the date of notification.

3. Required Documents

- Application form, passport, foreign registration card, one standard-sized photo, fee

- Documents proving refugee application receipt or humanitarian stay permit status.

- Proof of residence (lease agreement, residence confirmation document, notification of stay expiration mail, utility bill receipts, dormitory fee receipt, or residence confirmation from religious organizations, refugee support facilities, human rights groups, UNHCR, etc.).