Gyeonggi Province, First to Propose the Extension of Undocumented Foreign Children’s Temporary Residency in Korea

Createdd 2025-02-21 Hit 24

Contents

○ Request to extend the temporary residency status of undocumented foreign children in Korea before expiry on Mar. 31, citing Article 28 of the UN Convention on the Rights of the Child
○ Urged the Ministry of Justice to consider the extension while preparing a fundamental policy solution
○ Urged the Ministry of Education to ensure that foreign children are not subjected to discrimination

Gyeonggi Province is the first metropolitan local government to formally request the Ministry of Justice (MOJ) extension of undocumented foreign children’s temporary residency status before expiry on Mar. 31, 2025, to ensure their right to education.

Introduced in April 2021, Korea’s temporary residency program allows foreign children and their parents to stay in Korea if the child meets one of the following criteria: (1) born in Korea or entered the country as an infant (under six years old); (2) resided in Korea for at least six years; or (3) currently enrolled in or has graduated from an elementary, middle or high school in Korea.

If the program expires, undocumented foreign children of preschool age may face significant barriers to school enrollment, potentially causing large-scale disruption for an estimated 20,000 affected children and their families.

In response, Gyeonggi Province has urged the Minister of Justice to extend the program and establish a fundamental policy solution in accordance with Article 28 of the UN Convention on the Rights of the Child. According to studies by the province, advanced nations such as the United States and Germany guarantee education rights for migrant children regardless of their residency status, highlighting the need for Korea to improve its approach.

Gyeonggi Province Director of Immigration and Social Affairs Kim Won-kyu said, “Under Article 2 of the UN Convention on the Rights of the Child, all children must be protected from discrimination.” He added that an extension is essential and called on the Ministry of Education to ensure that foreign children are not subject to discriminatory treatment.