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By Lee Hyo-jin
A policy introduced by the Ministry of Justice to give undocumented migrant children legal status and allow them to have temporary residency rights, may not be helpful for those in need, according to local migrants' rights groups.
Currently, children without legal immigrant status are allowed to stay in the country until they finish high school, after which they face deportation.
In order to protect the basic rights of these children, the ministry announced the policy, April 19, under which unregistered migrant minors can apply for temporary legal status ― a D-4 visa usually given to people studying here, or a G-1 visa that allows a one-year stay for various reasons.
Eligible applicants are limited to those born and resident in Korea for more than 15 years, who graduated from elementary school before Feb. 28, 2021. The policy will be effective until February 2025, and those wishing to apply should visit an immigration office with their parents.
The ministry noted that the limits on eligibility and duration of the policy were aimed at preventing it from being abused for illegal immigration.
The policy came after civic groups urged the ministry to devise measures that would give undocumented children, who are deprived of access to basic social services, some form of legal status in Korea.
The ministry estimates that there are up to 20,000 undocumented migrants in Korea under the age of 18 and 100 to 500 of them will be eligible to apply for the temporary resident status.
However, migrant rights groups said that there will be few if any applicants due to the strict requirements as well as additional clauses penalizing their parents.
In order to sign up for the temporary stay, parents who have stayed here illegally for over seven years must pay a fine of up to 30 million won ($27,000) depending on the duration of their stay. If they are able to pay the fine within three months, the amount will be reduced to 9 million won.
Song In-sun, head of the Gyeonggi Global Center, said the heavy fine on parents will bar eligible children from applying. "The 30 million won fine, even if it gets reduced to 9 million won, is an excessive burden for unregistered migrants who mostly hold low-paying jobs," Song told The Korea Times.
"It is unfair that the government has added such an unrealistic penalty. Every child, regardless of their parents' legal status, should be guaranteed access to basic social services and protection," he added.
Song also pointed out that as the policy cover only children born in Korea, it leaves many unregistered minors born outside the country in a blind spot. "Their undocumented status is the result of a situation they did not choose. The government should not discriminate between children depending on their place of birth."
Lee Han-sook, head of the Migration and Human Rights Institute, also said that she was disappointed by the long-awaited policy.
"It is difficult to understand why the ministry specifically limited the application to children who have stayed here over 15 years. Duration of stay should not be used to differentiate between them," she said.
Lee added that she did not see a particular reason behind the ministry's concern that the policy may be abused by illegal immigrants. "The government seems to be taking an overly cautious stance due to public sentiment opposing immigrants. But child protection should be prioritized," she said.
Both Song and Lee said the policy should have been devised in a way to protect as many undocumented children as possible, based on the U.N. Convention on the Rights of the Child, which the Korean government ratified in 1991.
According to the convention, "every child has the inherent right to life," and "the state shall ensure to the maximum extent possible the survival and development of the child."
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