Can tighter visa rules work to protect migrant wives?

A Korean groom and a foreign bride smile at each other during their traditional Korean wedding ceremony with other four couples in a park in Yangjae-dong, southern Seoul, May 22. The Ministry of Justice announced a plan to tighten rules on issuing marriage visas at the end of last month, drawing a mixed reaction from migrant women. / Yonhap

Detractors say new regulations may check multicultural trend

By Jun Ji-hye

The government recently introduced new rules regarding the issuance of marriage visas to foreign spouses, provoking a debate on whether the intention within the legislation, to protect foreign brides from domestic abuse, could actually reverse a current trend in which increasing numbers of interracial families are living in Korea.

At the end of May, the Ministry of Justice announced a plan to require foreign spouses to speak at least a basic level of Korean in order to obtain a marriage visa starting next year.

"We've decided to strengthen the screening criteria to issue marriage visas because existing policies have focused only on those who were already married and had moved to Korea. This made it difficult to deal preemptively with problems such as domestic violence and social maladjustment," said a ministry official.

Under the new rules, foreign brides will be required to take a Korean proficiency test during the visa interview. Those who have obtained a beginner level certificate from the Test of Proficiency in Korean (TOPIK) will be exempt from the test.

If foreign spouses fail the test, their visa applications will be reviewed again after six months, and if they fail again, they must complete government-sponsored courses for social integration before a marriage visa is issued.

"If they can prove that they are able to communicate with their spouses in other languages, a marriage visa will be granted regardless of Korean language proficiency," the justice ministry official added.

With the overwhelming majority of multicultural marriages being between Korean men and foreign wives, the husbands will also have to prove to the authorities that they have an income sufficient to support their wives.

The government will also not issue marriage visas to foreign spouses if their Korean partner has been divorced from another foreign spouse within the last five years, while a Korean partner can marry foreigners only twice during their lifetime if they are to apply for a marriage visa for their spouse.

"This rule is meant to prevent Korean men from thinking that they can easily get married to foreign brides by simply paying fees to marriage brokers. This distorted practice in international marriages has raised suspicions about the human trafficking of women and has caused diplomatic friction," the justice ministry official explained.

Although there is a consensus that the government needs to do more to protect foreign wives from domestic abuse, there are differing opinions on what the impact of the new rules will be in promoting multiculturalism in Korea.

Jasmine Lee, a representative from the ruling Saenuri Party in the National Assembly and one of the most prominent foreigners in Korea, said she supports the government's move.

"Marriage should be based on mutual love and trust. But in some international marriages, there is a lack of trust as marriage brokers give misleading information to foreign women about their prospective Korean husbands because they want to make money," said Lee, who immigrated from the Philippines.

Lee said that the ministry's plans to strengthen visa rules will make people think about the seriousness of foreign marriages and prevent divorces. "I believe, if these rules are implemented in an objective and substantial manner, the nation will be able to see positive effects," she said.

The new rules are also supported by some of those involved in protecting the rights of foreign wives. "Most of the nation's multicultural marriages are arranged by marriage brokers. Many foreign brides have difficulties due to a lack of communication skills and cultural differences because most of these marriages are arranged within one week without a sufficient understanding of one another's language and culture," said Han Kuk-yom, head of the Women Migrants' Human Rights Center.

"I partly agree with the justice ministry that a certain level of mutual communication skill is necessary to maintain an amicable marriage," she said.

Han also welcomed the government's plan to examine the income of Korean spouses. "Many foreign wives who visit my center for consultation speak about economic difficulties. Some wives are forced to work because their Korean husbands are poor. Assessing the income of Korean spouses is necessary to protect their human rights and I expect this measure will make a big difference," said Han.

Kim Joon-sik, chairman of Asian Friends, agrees. "The government usually does not intervene in people's marriages because it is a private affair. However, multiethnic marriages sometimes involve human rights violations.

Many irresponsible Korean men lie about their age, job status and background to bring young brides to Korea. This makes it no longer a private matter, so it is proper that the authorities check the credibility of Korean spouses. Strictly speaking, this is not the government intervening in international marriage, but rather regulating marriage fraud."

However, the new rules could slow down the influx of foreigners into Korea. After the government last year tightened rules on marriage brokers by requiring them to provide more information about prospective Korean husbands, the number of marriage immigrants fell to 11,550 in 2012 from 13,760 in 2011, according to the Justice Ministry.

Rep. Chun Soon-ok of the main opposition Democratic Party (DP) said that the new rules will actually cause some foreign wives to be left in a legal limbo. "If the new rules are implemented, there could be cases where women come to Korea and then fail to get a marriage visa." She added that the testing for Korean language proficiency could add to the financial burden of multicultural couples because the wives will be forced to study for the exam.

Bae Jong-chan, director of the department of social research at Research & Research, said the government measures might have unintended consequences. The tougher visa rules "might force some couples to live together without applying for marriage visas. This will increase the number of illegal immigrants and cause more problems for families, especially those with children."

Bae suggests instead that "the government needs to draw up more substantial and realistic measures. Instead of testing the Korean proficiency of foreign wives before issuing marriage visas, the government needs to offer them more effective Korean educational programs. Foreign wives usually have hectic schedules, including working or supporting their in-laws and children. Providing visiting teacher programs or remote education courses could be more effective."

The Justice Ministry's measures are also triggering a backlash from marriage brokers who claim that the government acts as if all interracial marriages cause problems and that all marriage brokers are potential swindlers.

"Since last August when the government began to draft tougher rules, many marriage brokers have suffered setbacks to their businesses. We have not been able to arrange any foreign marriages for six months," said Lim Chun-hyo, director of Interwed International Marriage Information, a marriage broker in Seoul.

Following the government's crackdown on international marriage brokers, the number of marriage brokers fell to 1,276 at the end of last year from 1,370 in 2011, according to the Ministry of Gender Equality and Family.

Lim said that marriage problems and domestic abuse are not just confined to foreign marriages but also affect Korean marriages.

"There are many international couples who live happily with their children. I agree that brokers that tell lies about potential Korean husbands should be stamped out. But the government should not prevent people from marrying foreign wives. International marriages contribute to Korean society while the local birthrate is falling steadily," said Lim.

Foreign wives themselves remain divided on the new rules. "I think the plans are very reasonable since some foreign wives are tricked into marrying Korean men. Requiring language skills in Korean is proper because the language problem is one of the top causes of difficulties facing foreign spouses," said Bayarsaikhan Nergui, a Mongolian who has lived in Suwon since her marriage in 2006.

Hong Thu from Vietnam, who married a Korean man in 1998, said the measures "will support momentum in providing more correct and accurate information about prospective spouses."

However, Jeon Thi Hien from Vietnam expressed skepticism.

"The plan appears to deprive the rights of those who do not have enough money to get married. Restricting how many times people can marry also seems inhumane. The government's move will keep Korean society from becoming more multicultural," she said.