Naturalization
1) What is naturalization?
Naturalization is the process by which a foreigner obtains Japanese nationality after expressing their desire to become a Japanese citizen. It is governed by Japan's Nationality Act, which defines it as "the granting of nationality to a person who does not already have Japanese nationality."
An application for naturalization is the formal request made by a prospective citizen to acquire Japanese citizenship. Dual nationality is not allowed in Japan, meaning that any foreign nationality held will be forfeited. Additionally, in certain countries, reclaiming one's nationality can be exceedingly challenging if a return to their original citizenship is desired, making naturalization a topic that requires careful consideration.
Moreover, permanent residency status is often erroneously confused with naturalization.
2) Difference between permanent residency and naturalization
Naturalization pertains to obtaining Japanese nationality, whereby the individual is no longer a foreign national but a Japanese national.
In contrast, acquiring the residency status of "Permanent Resident" permits continuous residency in Japan as a "foreigner" while retaining one's original nationality.
The process to gain naturalization is even more challenging than that of obtaining permanent resident status.
If you seek information on Permanent Resident status, kindly refer to this page. Please check out this page entitled, "What is the status of residence 'Permanent Resident'?"
3) Requirements for naturalization.
The basic requirements for naturalization are as follows. Meeting these requirements does not guarantee automatic permission.
1.Habitual Residence Requirement:
You must have continuously lived in Japan for at least five years with a legal address. Additionally, you must have held a legal resident status throughout your stay in Japan.
The duration of stay requirements have been eased for those falling under the following categories:
Example)
People born in Japan:3 years
Spouses of Japanese nationals who have been married for less than three years:3 years
Spouses of Japanese nationals married for more than three years:1 year
Children of Japanese nationals (excluding adopted children):No time limit
2.Capacity Requirements
To be eligible, the applicant must be at least 18 years old and have reached the age of majority according to their home country's legislation.
3.Good Conduct Record
Good conduct is evaluated based on socially accepted norms, considering any criminal record, the method in which it was carried out, tax payment status, whether or not the person is a nuisance to society, and other factors.
4.Meet the Livelihood Requirements
Applicants must meet the livelihood requirements and be able to live in Japan without financial difficulties. The decision is based on the cohabitation of family members who earn a living together. Even if the applicant is without any income, they will fulfill this requirement if they can sustain themselves through the assets and expertise of their spouse or other relatives.
5.Prevent Dual Nationality
To prevent dual nationality, the applicant must be without a nationality, or have lost the nationality of their home country. As an exception, naturalization may be allowed even if this prerequisite is not met, in case the individual is unable, at their own will, to renounce the nationality of their country of origin.
6.Constitutional compliance
Naturalization is not permitted for individuals who plan or advocate the violent destruction of the Japanese Government or those who form or join such an organization.
The aforementioned requirements for naturalization are somewhat relaxed for foreigners who have a special relationship with Japan, including those born in Japan, spouses of Japanese nationals, children of Japanese nationals, former Japanese nationals, and certain other persons.
※Japanese level
Proficiency in the Japanese language is also required. The candidate must possess proficiency in the Japanese language, including speaking, reading, and writing, to a degree that does not impede their daily life. Details regarding the documents needed for the naturalization process will be presented in Japanese.
It is at the discretion of the Minister of Justice to grant permission for naturalization, hence fulfilling the above-mentioned criteria does not guarantee acceptance. The aforementioned requirements are deemed as the minimum necessary for naturalization.
Citation: Mito District Legal Affairs Bureau, "Requirements for naturalization."
Ministry of Justice, "Nationality Q&A."
4) Application Process for Naturalization
①Consult with the Legal Affairs Bureau
Due to the varying documents required based on nationality, it is essential to visit the Legal Affairs Bureau with jurisdiction for confirmation. After reviewing the applicant's nationality, family structure, occupation, and other relevant information, if deemed eligible for naturalization, the individual will receive guidance on the required documentation. Appointments must be scheduled in advance.
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②Gather all necessary documents
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③Seek guidance from the Legal Department
Have ALL your paperwork reviewed at the Legal Affairs Bureau. If they confirm that there are no issues, obtain the papers and complete them.
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④Review and approve the naturalization application papers.
Go to the Legal Affairs Bureau and request an appointment with the responsible officer to review the documents and application form you have gathered. If all the required documents are provided, the application will be accepted.
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⑤Interview
An interview will take place two to three months after submitting the naturalization application.
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⑥Loss of nationality. Procedure for voluntary renunciation of your nationality.
After completing the procedure for renouncing nationality in your home country, you must submit the certificate of renunciation to the Legal Affairs Bureau. The officer in charge will then inform you of their decision on whether to grant or refuse the application.
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⑦Granted or Declined Application
The officer in charge will then inform you of their decision on whether to grant or refuse the application. If permission is granted, the notice of naturalization will be published in the Official Gazette on the same date. Additionally, an identity card will be issued to you at this time.
The aforementioned process is a general outline and may differ according to circumstance and the Legal Affairs Bureau. Refer to "About the Flow of Naturalization Procedures" by the Mito District Legal Affairs Bureau.
5) Pros and cons of Naturalization:
What are the benefits and drawbacks of acquiring Japanese citizenship through naturalization? This section presents the primary pros and cons. Please weigh the drawbacks before pursuing naturalization.
〈Pros〉
①Visa complications will be gone。
You will no longer need to visit the Immigration Bureau for visa renewal or carry your residence card. Furthermore, with no more limitations based on residence status, you may work in any profession.
②Japanese Passport:
The Japanese passport allows travel to many countries and regions without a visa, as there are 189 countries and regions that can be traveled to without a visa (3rd in the world - as of July 2023). Therefore, when returning to your home country, you may not need to be issued a visa unless it is for a long period of time. And as a matter of course, you can freely enter and leave Japan.
③Living Like a Japanese Native
If you apply for naturalization, you can have a Japanese name. They are entitled to the same rights to vote and receive the same social benefits as Japanese nationals. In addition, you will have a higher social credit rating and will be able to obtain housing and automobile loans more easily.
〈Cons〉
①Renunciation of Original Nationality
Firstly, you must renounce your original nationality as dual nationality is not permitted in Japan. Even if you wish to revert to your original nationality, different countries have varying policies regarding this. Some countries recognize the 'nationality restoration system' that permits you to regain your original nationality, while others do not. Hence, it is recommended to check the system in your country of origin before naturalization.
②Visa for Travel to Home Country:
Additionally, obtaining a visa may be necessary when traveling back to your home country. As previously stated, acquiring a Japanese passport permits visa-free travel to numerous countries and regions; however, some may still necessitate a visa.
6) Conclusion
Once naturalization is granted, you will be able to live like a Japanese national and be free to choose your occupation.
However, the application and approval of naturalization is an even higher hurdle than permanent residence, and requires a long period of time and effort.
If you have any questions about applying for naturalization, please contact our office.