I am a spouse of an overseas Korean . Can I raise children in Korea even if I get divorced ?

Recently, Mr. L, the spouse of an overseas Korean (F-1-9, living together on a visit ) , requested consultation .

Ms. L entered the country with her husband (F-4) in March 2019 , and gave birth to and is raising a child in Korea the following year, in 2020 . However, as she and her husband continued to fight a few months ago, she began to think about divorce , and L decided to raise her child if they divorced .

In this situation, Mr. L wanted to raise his child in Korea after divorce , and asked if this was possible . I thought, ' Since the child was born in Korea and the father of the child is also in Korea , there would be a way for me to stay there and raise the child . '

However, unfortunately , in Ms. L' s case , if she divorces her husband, she loses the basis for the visitation and cohabitation status granted to her overseas Korean spouse , so it will no longer be possible to extend the permitted period when it expires . The child was also born in Korea, but since she was not born as a Korean child , Ms. L cannot stay in the country to raise her child, who is a foreigner .

Accordingly, after providing information on the above , if Mr. L wants to continue to stay in Korea while raising his child after divorce, he must change his status to another residence status such as language training or study abroad , and if the father raises the child, the child will continue to apply for a visitation/cohabitation visa. We have informed you that you can stay in .