Japan attracts the interest of young people in many countries, and dreams of a lot to live and live in, especially those attracted by its picturesque nature and unique culture. In this guide, we provide you with information about the Japanese Nationality Law, which details in detail all the conditions that a person must have in order to obtain Japanese citizenship.
The Japanese Nationality Law:
* The conditions for being a Japanese citizen are determined by the provisions of this law.
In any of the following cases, the child is a Japanese citizen:
• When the father or mother has Japanese citizenship.
• When the father who died before the birth of the child is a Japanese citizen at the time of his death.
• When both parents are unknown or without citizenship if the child is born in Japan.
* The acquisition of nationality for the recognized child
• A child (with the exception of a child who was once a Japanese citizen) under the age of twenty years whose father or mother has recognized paternity or motherhood, respectively, may obtain Japanese citizenship by providing notice to the Minister of Justice, if one of the parents is a Japanese citizen at the time of the child's birth , Or this parent or mother was a current Japanese citizen or was a Japanese citizen at the time of his death.
• Any person who is not a Japanese citizen, that is, a “foreigner”, may obtain Japanese citizenship by naturalization.
Japanese citizenship is obtained with permission from the Japanese Minister of Justice.
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* * Naturalization of a foreigner may not be permitted unless he fulfills all of the following conditions:
• To own a residence in Japan for five or more years in a row.
• Be 20 years of age or older and with full and competent ability to act in accordance with the law of his country of origin.
• To be of good conduct.
• To be able to secure his livelihoods based on the assets or skills that a person, spouse or other relatives possess.
He should not have another nationality. If he acquires Japanese citizenship, this will lead to the loss of his original nationality.
• Never have planned, advocated, formed, or belonged to a political party or any other organization that has planned or called for the overthrow of the Constitution of Japan or the government in place since the implementation of the Constitution of Japan.
• When the alien is unable, regardless of his intention, to relinquish his current nationality, the Minister of Justice may allow the naturalization of the alien, even though the foreigner does not meet the conditions stipulated in Clause (5) of the previous paragraph, if the Minister of Justice finds conditions Exceptional.
• The Minister of Justice may allow the naturalization of a foreigner even if he does not fulfill the condition stipulated in Clause (1) of the previous paragraph of the previous article, provided that the aforementioned foreigner is within any of the following items, and it is currently located in Japan:
• The person who has had a residence or residence in Japan for three consecutive years or more and is the son of a Japanese citizen (except for the adopted child).
• A person born in Japan who has had a residence or residence in Japan for three consecutive years or more, or his father (except for the adopted father and mother) was born in Japan.
• A person who has resided in Japan for ten consecutive years or more.
• The Minister of Justice may permit the naturalization of a foreigner who is the husband of a Japanese citizen even though the said foreigner does not meet the conditions stipulated in clauses (1) and (2) of Article 5, if the foreigner has been resident or has residence in Japan for a period of three consecutive years or More and it is currently in Japan. The same rule applies in the case of a foreigner marrying a Japanese citizen for three years or more and has had a residence in Japan for a year or more.
The Minister of Justice may permit the naturalization of a foreigner even though he does not fulfill the conditions stipulated in clauses (1), (2) and (4) of Article 5, provided that the foreigner is any of the following:
• To be a son (with the exception of the adopted child) of a Japanese citizen and has a residence in Japan.
• A person who is an adopted child of a Japanese citizen and has had a residence in Japan for a year or more and was a minor according to the law of his country of origin at the time of adoption.
• A person who has lost Japanese citizenship (except for those who have naturalized Japanese citizenship) and has a place of residence in Japan.
• A person born in Japan who did not have a nationality from the time of birth, and has had residence in Japan for three consecutive years or more since then.
With regard to a foreigner who has rendered great services to Japan, the Minister of Justice, despite the provisions of Article 5, paragraph 1, may permit his naturalization after obtaining the approval of Parliament.
Upon allowing naturalization, the Minister of Justice shall issue a declaration to this effect with a public notice in the Official Gazette.
• Naturalization becomes effective as of the date of public notification under the previous paragraph.
** Loss of nationality:.
A Japanese citizen loses Japanese citizenship when he acquires another foreign nationality by choice.
• A Japanese citizen who holds a foreign nationality loses Japanese citizenship if he chooses foreign nationality according to the laws of that foreign country concerned.
• A Japanese citizen who was born in a foreign country and acquired a foreign nationality by birth will lose Japanese citizenship retroactively from the date of birth, unless the Japanese citizen clearly indicates his desire to retain Japanese nationality in accordance with the provisions of the Family Registration Law (Law No. 24 of 1947).
• A Japanese citizen with a foreign nationality may renounce Japanese citizenship by notifying the Minister of Justice.
• The person who provided the notice according to the previous paragraph lost Japanese nationality at the time of the notification.
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** Choice of nationalities:
• A Japanese citizen who holds a foreign nationality must choose any of the nationalities before reaching the age of twenty if he has acquired both nationalities on the day before the day he reaches the age of twenty or within two years after the day he obtained the second nationality if he acquired this nationality After the day he reached the age of twenty.
• The Japanese nationality is chosen either by depriving him of his foreign nationality or through the declaration stipulated in the Family Registration Law in which he swears to choose Japanese nationality and give up the foreign nationality (hereinafter referred to as the "announcement of choice").
• The Minister of Justice may, by written notification, request a Japanese citizen who holds a foreign nationality and who has not chosen Japanese citizenship during the period specified in paragraph 1 of the previous article to choose one of the nationalities he owns.
•. The notice stipulated in the preceding paragraph may be submitted by announcing it in the Official Gazette, in case the person receiving the notice loses or in any other circumstances in which it is impossible to send the notice to the person concerned. In this case, the notice must reach the person concerned on the day after the day that the advertisement is published in the official Gazette.
• The person to whom the notice is sent shall lose, according to the previous two paragraphs, Japanese nationality when the expiry of one month from the day he received the notice, unless he chose Japanese nationality during this period. However, this does not apply to a situation where the person concerned was unable to choose Japanese citizenship during this period due to a natural disaster or any other reason that could not be comprehended by him, and this choice was taken within two weeks after he was able to do so.
• The Japanese citizen who issued the declaration of choice must seek to carry out other foreign citizenship procedures.
• In a situation where a Japanese citizen has made the choice but still holds a foreign nationality, and has voluntarily assumed public office in a foreign country (except for positions in which a person without that country’s nationality can work), the Minister of Justice may declare that he will lose Japanese citizenship If the minister finds that assuming this public office would be largely inconsistent with his choice of Japanese nationality.
• The session on advertising under the previous paragraph is held in public.
• The advertisement stipulated in paragraph 2 of this article shall be issued with a general notice in the Official Gazette.
• The person against whom the declaration was issued under paragraph 2 of this article loses Japanese citizenship on the day of public notification under the previous paragraph.
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** Repossession of nationality:
• Anyone under the age of twenty who has lost Japanese citizenship in accordance with Article 12 may restore Japanese citizenship by sending a notice to the Minister of Justice if he has a residence in Japan.
• Any person who has received notification under paragraph 2 of Article 15 and has lost Japanese citizenship under paragraph 3 of the aforementioned Article may restore Japanese citizenship by sending a notice to the Minister of Justice within one year after learning of the fact that he has lost his Japanese citizenship, if he meets the condition stipulated in Item (5) 1 of Article 5. However, in the event that he is unable to provide notice during the period due due to a natural disaster or any other reason, this period is one month after he was able to do so.
• The person who sent the notification according to the previous two paragraphs acquires Japanese nationality at the time of the notification.
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** Legal Representative :
• In the event that the person who intends to acquire, choose or renounce citizenship is under the age of fifteen or has submitted a notice of citizenship under Article 3, paragraph 1, or Article 17, paragraph 1, or has requested permission for naturalization, a declaration of choice, or a notice to give up Nationality by the legal representative of the person on his behalf.
** Ministerial Decree:
• Except for what is stipulated in this law, the procedures related to the acquisition or renunciation of nationality as well as other rules necessary for the enforcement of this law are specified in the law of the Ministry of Justice.
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** Penal provisions:
• Whoever submits false notice at the time of submitting notifications pursuant to the provisions of Article 3, paragraph 1, shall be punished with imprisonment for a period not exceeding one year or a fine not exceeding 200,000 yen.
• The crime stipulated in the previous paragraph is subject to the provisions of Article 2 of the Penal Code (Law No. 45 of 1907).
Source: The Japanese Ministry of Justice