Japanese nationality law
|Japanese Citizenship Act|
|Diet of Japan|
|An Act relating to Japanese citizenship|
|Enacted by||Government of Japan|
|Status: Current legislation|
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. Nationality is in the jurisdiction of the Minister of Justice and is generally governed by the Nationality Law of 1950.
Nationality by birth
Japan is a strict jus sanguinis state as opposed to jus soli state, meaning that it attributes citizenship by blood and not by location of birth. In practice, it can be by parentage and not by descent. Article 2 of the Nationality Act provides three situations in which a person can become a Japanese national at birth:
- When either parent is a Japanese national at the time of birth. If born abroad, the child must be registered within three months of birth or otherwise will have to live in Japan before the age of 20 and notify the MOJ.
- When either parent dies before the birth and is a Japanese national at the time of death (limited to fathers until 1985)
- When the person is born on Japanese soil and both parents are unknown or stateless
A system for acquiring nationality by birth after birth is also available. If an unmarried Japanese father and non-Japanese mother have a child, the parents later marry, and the Japanese father acknowledges paternity, the child can acquire Japanese nationality, so long as the child has not reached the age of 20. Japanese nationality law effective from 1985 has been that if the parents are not married at the time of birth and the father has not acknowledged paternity while the child was still in the womb, the child will not acquire Japanese nationality. However, Japan's Supreme Court ruled in 2008 that denying nationality to children born out of wedlock to foreign mothers is unconstitutional.
Following this, the conservative Liberal Democratic Party and others, claiming the possibility of false recognition of paternity, suggested mandatory DNA testing. This was rejected by the Democratic Party, and instead a bill was passed in 2009 allowing photographs of the father and child and scientific testing to be requested as evidence in cases of doubt.
Naturalization in Japan requires the applicant to give up their current citizenship(s) either before or after, depending on the nationality, the naturalization takes place if the loss of nationality does not occur automatically. The Japanese government does not have strict rules for the naturalization process, even though the documents that need to be collected for application from the applicant's home country might take quite some time. Basic naturalization requirements differ from person to person regardless of what country the applicant is from and depending on the applicant's current status in Japan. Unlike most other countries, the applicant does not have to be a permanent resident to be eligible to apply for Japanese naturalization.
- Continuous residence in Japan for 5 years
- At least 20 years old and otherwise legally competent
- History of good behavior generally, and no past history of seditious behavior
- Sufficient capital or skills, either personally or within family, to support oneself
- Stateless or willing to renounce foreign citizenship
The Minister of Justice may waive the age and residence requirements if the applicant has a special relationship to Japan (for example, a Japanese parent).
The Nationality Act also provides that the Diet of Japan may confer Japanese nationality by special resolution to a person who has provided extraordinary service to Japan. However, this provision has never been invoked.
Those that naturalize must choose a legal name, like other Japanese, that consists of all or any mix of Japanese hiragana, katakana, and approved kanji. Sometimes applicants were given advice on Japanese names, but choosing a Japanese sounding/appearing name was never a requirement; there are examples through history of naturalized Japanese choosing legal names that did not appear ethnically Japanese. However, in 1983, the Ministry of Justice revised its manuals and application guides and examples to make it clear that using names of non-Japanese origin can be acceptable, by making the "before" and "after" hanja/kanji name of fictitious example ethnically Korean applicants the same in order to emphasize that applicants who come from Chinese character name cultures can keep their names.
A well-known example of someone who did not adopt a Japanese name is Masayoshi Son, the wealthiest man in Japan as of 2007, who naturalized using his Korean family name rather than the Japanese family name he used during his youth.
The application has to be made in person to the Ministry of Justice branch office with responsibility for the city where the applicant lives. A booklet will be given to the applicant at the first visit which explains every needed document and processes explained in Japanese.
The naturalization process has three stages.
- First stage: Initial application in person and gathering needed documents; preparing and filling out all necessary forms in Japanese language with handwriting; and submitting all prepared documents to the Ministry of Justice in person. An application number is provided to the applicant for future correspondence with the case.
- Second stage: The Ministry of Justice checks the submitted documents. Oral and written interview are scheduled a month or two after submitting the documents.
- Third stage: Finalization. The Ministry of Justice sends all documents to Tokyo and the applicant is requested to inform any changes of address, telephone, work, marital status, etc. while application is being reviewed.
The booklet given at the beginning of the process lists every document that the applicant needs from their home country and their country's embassy in Japan. The applicant needs to be able to speak and express himself/herself in Japanese and be able to answer the interview questions in Japanese. The interviewer will ask questions about the form applicant filled and about why applicant wants to acquire Japanese citizenship. At the end, there may be a written test at an elementary school second grade level.
After the documents are sent to Tokyo for processing at the Ministry of Justice headquarters, it can take from 8 to 10 months (or longer depending on the applicant) from the first application. The applicant will be called by their interviewer about the decision once the interviewer gets the results from Tokyo.
Loss of citizenship
Loss of citizenship requires the approval of the Minister of Justice.
Under the revisions made to the Nationality Law in 1985, Articles 14 and 15 require any person who holds multiple citizenship to make a "declaration of choice" between the ages of 20 and 22, in which they choose to renounce either their Japanese nationality or their foreign citizenship(s). Failure to do so entitles the Minister of Justice to demand a declaration of choice at any time. If the required declaration is not made within one month, their Japanese nationality is automatically revoked. A renunciation of foreign citizenship made before Japanese officials may be considered by a foreign state as having no legal effect as is the case with, for example, United States citizenship.
Japanese nationals who hold multiple citizenship by birth, and who do not wish to lose their Japanese citizenship, are required to declare their desire to retain Japanese citizenship by the age of 21. Part of fulfilling this requirement is to "make an effort" to renounce other citizenships once they have declared their intent to retain Japanese nationality. This may be difficult for some Japanese with foreign nationality, for example, Iranian nationals cannot renounce their Iranian nationality until age 25.
A Japanese national does not lose his or her nationality in situations where citizenship is acquired involuntarily such as when a Japanese woman marries an Iranian national. In this case she automatically acquires Iranian citizenship and is permitted to be an Iranian-Japanese dual national, since the acquisition of the Iranian citizenship was involuntary.
Though it is unknown whether it has ever happened, citizenship can also be lost if a person becomes a civil servant of a foreign government, should their role be felt to contradict what it means to be a citizen of Japan.
In November 2008, Liberal Democratic Party member Tarō Kōno submitted a proposal to allow offspring of mixed-nationality couples in which one parent is Japanese to have more than one nationality. The proposal also calls for foreigners to be allowed to obtain Japanese nationality without losing their original citizenship.
It is generally difficult to have dual citizenship of Japan and another country, due to the provisions for loss of Japanese nationality when a Japanese national naturalizes in another country (see "Loss of citizenship" above), and the requirement to renounce one's existing citizenships when naturalizing in Japan (see "Naturalization" above).
There are still some ways in which a person may have dual citizenship of Japan and another country, including:
- They had dual citizenship prior to January 1, 1985, when the Nationality Law was enacted
- They acquire multiple citizenships at birth, such as being born to a non-Japanese citizen parent and acquiring that parent's citizenship as a result of that country's laws or by being born in a jus soli country. However, they must choose one citizenship/nationality before the age of 22 or within two years if the second citizenship is acquired after the age of 20, or they may lose their Japanese nationality (see "Loss of citizenship" above), though this is not enforced.
- Ethnic issues in Japan
- Foreign-born Japanese
- History of Japanese nationality
- Japanese passport
- Visa policy of Japan
- Visa requirements for Japanese citizens
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