What has changed in the system for granting residency status to undocumented migrant children?

Hello, This is Administrative Attorney Seong In Kim.

Recently, I consulted with a client from Kyrgyzstan who is an undocumented immigrant regarding the protection of their four children's right to education. The children need to attend school, but the school is requiring them to submit proof of immigration status or an alien registration certificate. However, since they are undocumented immigrants, they are unable to provide such documents. I advised the client that they could submit documents such as a lease agreement to verify their domestic residence.

Today, I will summarize the policy related to “undocumented migrant children,” one of the critical issues that our society must address. This is the “Residence Status Granting System for Undocumented Migrant Children” announced by the Ministry of Justice. I will explain the purpose, process, and recent changes of this system in an easy-to-understand manner.


Why was this system created?

In Korea, there are many foreign children living without proper residency status due to their parents' circumstances, growing up in Korean schools. These children are in Korea not by their own choice, yet they think in Korean and have already integrated into Korean society.

However, the voices calling for an end to forcing them to return to their home countries solely because they lack residency status have grown louder. In some cases, these children cannot even speak their native language.

In response to this reality, the Ministry of Justice introduced a residency status grant system to protect the “right to education and growth” and “identity” of migrant children.

 

How has the system changed since its introduction?

It began in April 2021: Initially, only children born in Korea who had resided there for over 15 years were eligible.

Expanded in 2022: Children born abroad and entered the country were also included, and the residency period requirement was relaxed to 6–7 years.

Extension announcement: Originally scheduled to end in March 2025, the Ministry of Justice recently announced a three-year extension until March 2028.

Which children will be eligible, and what benefits will they receive?

Eligibility criteria: Children who meet the requirements and demonstrate good academic performance may be granted residency status.

Parental residency permitted: Parents may remain in the country until their child graduates from high school or reaches the age of 19.

University enrollment not required: Recent changes to the system allow children to remain in the country even if they do not enroll in university.

 What will change after 2025?

Expanded eligibility for siblings: Minor siblings of eligible children may also apply for residency status.

Strengthened parental obligations: Requirements have been strengthened to ensure parents do not neglect their children's education and upbringing.

Reduction of fines: Fines for parents have been significantly reduced from 9 million won per person to 2.7 million won, and additional reductions may be considered for those facing economic difficulties.

 

Achievements, challenges, and areas requiring further consideration

As of January 2025, 1,131 children have obtained residency status through this program. However, there are still 6,169 undocumented migrant children (aged 19 and under) in the country, meaning many students remain in a vulnerable position.

Key issues include the financial burden of fines on parents, lack of necessary documents such as passports and birth certificates, and insufficient promotion of the system. Many cases involve difficulties in obtaining birth certificates from their home countries or challenges in completing administrative procedures.

Despite these challenges, this system serves as an important stepping stone, enabling undocumented migrant children to continue living and pursuing their dreams in Korean society. I hope that policy improvements and changes in public awareness will continue so that more children can benefit from this system.

While the Ministry of Justice's system for ensuring the right to education and basic rights of undocumented migrant children is a small beginning, I believe it represents a meaningful step toward preserving Korea's diversity and potential for growth. I will continue to pay close attention to this issue and support efforts for change alongside you all! End.

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