Japanese Nationality Law〔水野健司特許法律事務所〕

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新着情報

2017年4月3日
Japanese Nationality Law
The concept of nationality is important because it determines the proof of citizenship and residence. Along with that it will also determine the benefits to which a person may be entitled to, like right for education, right to vote, protection, medical assistance and other help from government. When a person has a nationality, he is entitled to a series of rights. From obtaining his own passport to being able to travel abroad and other benefits prescribed under international law.
 
Japan has increasing number of foreign nationals either working or living in Japan for good who would like to apply for naturalization. Japanese nationality is a legal designation and set of rights granted to those people who have met the criteria for citizenship by parentage or by naturalization. Japan does not permit dual-citizenship. Japan’s Nationality Law has many provisions that are proposed to minimize dual nationality. Dual nationality is the possession of two nationalities and it occur when an individual acquires a second nationality through naturalization while retaining the original nationality.
 
Nationality is in the jurisdiction of Minister of Justice and is governed by the Nationality Law of 1950.
 
Nationality by Birth
 
Article 2 of the Nationality Law provides three situations in which a person can become
a Japanese national at birth:
  1. When, at the time of its birth, the father or the mother is a Japanese national;
  2. When the father who died prior to the birth of the child was a Japanese national at the time of his death;
  3. When both parents are, unknown or have no nationality in a case where the child is born in Japan.
 
Article 3 of the Nationality Law states the acquisition of nationality by an Acknowledged
Child:
  1. A child (excluding a child who was once a Japanese national) under twenty years of
age whose father or mother has acknowledged paternity or maternity respectively, may acquire Japanese nationality through a notification to the Minister of Justice, if the father or mother who made the acknowledgement was a Japanese national at the time of the child’s birth, and such father or mother is presently a Japanese national or was a Japanese national at the time of his or her death.
  1.  A child who makes notification in accordance with the preceding paragraph shall acquire Japanese nationality at the time of the notification.
 
Naturalization
 
Naturalization is an act of making a person a citizen of Japan who was not born with
that status. A foreign national seeking Japanese nationality must have permission from the justice minister. Article 4 of the Nationality Law, a person who is not a Japanese national may acquire Japanese nationality by naturalization.
 
What are the Conditions for Obtaining Japanese Nationality? (Article 5 of the Nationality Law)
 
  1. Continued residence in Japan. The applicant must have lived in Japan for more than 5 years. The Bureau confirms whether the applicant have been living in Japan for at least 80% of the 365 days every year.
  2. The applicant must be over 20 years old.
  3. The applicant should be of good moral character. It is necessary that the applicant has not been involved in any crime because having a criminal record could be detrimental to application.
  4. The applicant must be able to make a living and possess financial stability.
  5. Agree to hold only Japanese citizenship.
  6. Respect the Japanese Constitution.
  7. Japanese Language Ability – the applicant must have Japanese reading and writing skills at least equivalent to an ordinary 8-year-old Japanese primary school student.
 
Required Documents
  1. Application Form (with two photos 5cmx5cm)
  2. Reason why you want to become a Japanese citizen
  3. Resume
  4. Written oath
  5. Description of your relatives
  6. Description of how you make your living in Japan
  7. Maps of the vicinity of your residence and workplace
  8. Description of your business
l  Financial Statements
l  Business License
l  Company Registration
  1. Diploma
  2. Domestic family documents
  3. Proof of citizenship
  4. Certificate of employment
  5. Certificate of residence card
  6. Certificate of tax payments
  7. Certificate of your assets
  8. Driving record
 
After the filing of the application, it usually takes six months to one year to get the permission if it is granted. When the Ministry of Justice approves the naturalization, they will provide a notice to the applicant and will make an announcement through a public notice in the Official Gazette. The naturalization comes into effect from the date of the public notice. Article 10 of the Nationality Law, the Minister of Justice shall, when permitting naturalization, make an announcement to that effect by public notice in the Official Gazette. Article 10.2, the naturalization shall come into effect as from the date of the public notice under the preceding paragraph.
 
Mizuno Kenji Patent & Law
 
Immigration issues can be sensitive that is why Mizuno Kenji Patent & Law is here to assist you. Application for naturalization in Japan is complicated but it is not impossible to obtain.
We will help you through the entire immigration process. We are always only a phone call away and can be reached by telephone at +81522186790.
 
References:
 
  1. The Ministry of Justice: The Nationality Law: www.moj.go.jp/ENGLISH/information
  1. Japan’s Laws on Dual Nationality in the Context of a Globalized World:
www. Digital.lib.washington.edu
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