| Nationality |
Pakistan |
| Case Overview |
The client’s ex-wife claimed that he had concealed a prior marriage and obtained a marriage visa through bigamy, leading the immigration office to issue a denial of his stay extension. |
| Special Circumstances |
The client wished to extend his stay as he was living with his spouse in Korea. |
| Case Handler |
Attorney Ju-Hyeong Kim, Attorney Yesol Lee |
| Outcome |
Victory in lawsuit to cancel the denial of stay extension. |
1. Client Situation and Facts
In this case, the client was a Pakistani national who had registered his marriage with a Korean citizen and had been residing in Korea on an F-6 marriage visa. However, his ex-wife, residing in Pakistan, reported to the Korean immigration office that their divorce had never been finalized. Based on this report, the immigration office determined that the client was still legally married at the time he applied for the marriage visa in Korea.
As a result, they concluded that the client had concealed a bigamous marriage and submitted false documents, and subsequently issued a decision denying the extension of his stay.
However, the client was maintaining a genuine marital relationship with his spouse in Korea, and a forced deportation would have severely disrupted his family life. It also posed significant risks to his future eligibility for residency or re-entry into Korea.
To respond to this decision, the client sought legal assistance from Majung Law Firm.
2. Case Issues and Resolution Process
1) The client stated that the statement was made under a coercive atmosphere.
At the time of the investigation, the client was questioned alone without the assistance of an interpreter. As a Pakistani national, he had difficulty fully understanding the facts of the case and the legal terminology. Moreover, being a foreigner under investigation at the immigration office naturally caused significant psychological pressure. He reported that he experienced intense pressure and inducement during the questioning process.
2) Appeal Based on the Client’s Personal Circumstances
Despite facing years of unstable residency status, the client consistently appeared at the immigration office every 2–3 months to extend his stay and maintained a lawful life in Korea. He also explained that his spouse has an established life in Korea, and if he were forced to return to his home country, the couple would be separated, causing serious disruption to their family life.
3) Excessiveness of the Disposition
Considering that the client is maintaining a marital life with a spouse residing in Korea and faces a real risk of family separation, it was argued that requiring him to return to his home country and reapply for a visa solely due to minor administrative deficiencies constitutes an unnecessarily excessive and disproportionate measure.
3. Case Outcome
The client was able to maintain their marriage visa (F-6) and continue legally residing in South Korea. Additionally, the suspicion of bigamy was resolved, allowing the client to avoid various administrative and social disadvantages.
4. Significance of the Judgment
This ruling clearly established that denying or restricting residency status solely due to a simple omission of documents regarding a divorce finalized abroad can be excessive and unjust. It also reaffirmed the importance of fully ensuring interpretation services and procedural rights so that foreigners are not disadvantaged due to language and cultural barriers. In such procedures, clear reasoning and concrete evidence play a crucial role, so it is essential to respond carefully with the assistance of legal representatives who have experience with immigration office cases, legal professionals from the client’s home country, and lawyers certified by the Korean Bar Association specializing in immigration and visas.
