Japanese nationality law

From Wikipedia, the free encyclopedia

Japanese nationality is generally governed by the Nationality Law of 1950.

1 Nationality by birth
2 Naturalization
3 Loss of Citizenship
4 See also
5 External links

[edit] Nationality by birth

Japan is a jus sanguinis state, meaning that it recognizes citizenship by blood, not by birth (as is the case in the United States, Ireland and many other countries). 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
When the father dies before the birth and is a Japanese national at the time of death
When the person is born on Japanese soil and both parents are unknown or stateless

A system for acquiring nationality after birth is also available. If an unmarried Japanese father and non-Japanese mother have a child, and the parents later marry and the Japanese father acknowledges paternity, the child can acquire Japanese citizenship, so long as the child has not reached the age of 20. However, if the parents are not married at the time of birth and the father does not acknowledge paternity, the child will not acquire Japanese nationality. This fact has caused some controversy[1] and is currently a subject of debate among constitutional scholars.

[edit] Naturalization

The Minister of Justice must approve all applications for naturalization. Review of an application generally takes about one year.

The criteria for naturalization are provided in Article 4 of the Nationality Act:

Continuous residence in Japan for five years or more
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.

One common misconception about Japanese nationality law is that an applicant must change their name to a Japanese name. While many applicants have historically done this, particularly East Asians concerned about discrimination, it is not a legal requirement. One well-known example 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.

[edit] Loss of Citizenship

Loss of citizenship also requires the approval of the Minister of Justice.

A Japanese national is assumed to have renounced citizenship upon naturalization in any foreign country, although a formal report (on a form available at embassies overseas) from the renouncing person is generally required to finalize this process.

Articles 14 and 15 require any person who holds multiple citizenship to make a declaration of choice between the ages of twenty and twenty-two, in which they choose to renounce either their Japanese citizenship or their foreign citizenship(s). If they fail to do so, the Minister of Justice may demand a declaration of choice at any time, and if the citizen fails to make the declaration within one month, their Japanese citizenship is automatically revoked.

This can also cause complications for citizens of certain countries, particularly of Arab ones, born in Japan and who may have automatically acquired an Arab citizenship at birth because at least one of their parents is ethnically Arab if not also born in an Arab country.