Every Child

Has Two Parents

 
 


JAPAN’S  NATIONALITY LAW

 


@The Nationality Law
@ (Law No.147 of 1950, as amended by Law No.268 of 1952, Law No.45
@of 1984 and Law No.89 of 1993)

@(Purpose of this Law)
@@@Article 1. The conditions necessary for being a Japanese national
@shall be determined by the provisions of this Law.
@(Acquisition of nationality by birth)
@@@Article 2. A child shall, in any of the following cases, be a Japanese
@national:
@@@@(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.
@(Acquisition of nationality by legitimation)
@@@Article 3. A child (excluding a child who was once a Japanese
@national) under twenty years of age who has acquired the status of a
@legitimate child by reason of the marriage of its father and mother and
@their recognition, may acquire Japanese nationality by making notification
@to the Minister of Justice, if the father or mother who has effected the
@recognition was, at the time of the child's birth, a Japanese national and
@such father or mother is presently a Japanese national or was, at the time
@of his or her death, a Japanese national.
@@@2. A child who makes notification in accordance with the preceding
@paragraph shall acquire Japanese nationality at the time of the
@notification.
@(Naturalization)
@@@Article 4. A person who is not a Japanese national (hereinafter
@referred to as gan alienh) may acquire Japanese nationality by
@naturalization.
@@@2. The permission of the Minister of Justice shall be obtained for
@naturalization.
@@@Article 5. The Minister of Justice shall not permit the naturalization
@of an alien unless he or she fulfills all of the following conditions:
@@@@(1) that he or she has domiciled in Japan for five years or more
@consecutively;
@@@@(2) that he or she is twenty years of age or more and of full
@capacity according to the law of his or her home country;
@@@@(3) that he or she is of upright conduct;
@@@@(4) that he or she is able to secure a livelihood by one's own
@property or ability, or those of one's spouse or other relatives with whom
@one lives on common living expenses;
@@@@(5) that he or she has no nationality, or the acquisition of Japanese
@nationality will result in the loss of foreign nationality;
@@@@(6) that he or she has never plotted or advocated, or formed or
@belonged to a political party or other organization which has plotted or
@advocated the overthrow of the Constitution of Japan or the Government
@existing thereunder, since the enforcement of the Constitution of Japan.
@@@2. When an alien is, regardless of his or her intention, unable to
@deprive himself or herself of his or her current nationality, the Minister
@of Justice may permit the naturalization of the alien, notwithstanding that
@the alien does not fulfill the conditions set forth in item (5) of the
@preceding paragraph, if the Minister of Justice finds exceptional
@circumstances in his or her family relationship with a Japanese national,
@or other circumstances.
@@@Article 6. The Minister of Justice may permit the naturalization of an
@alien notwithstanding that the alien does not fulfill the condition set forth
@in item (1) of paragraph 1 of the last preceding Article, provided that the
@said alien falls under any one of the following items, and is presently
@domiciled in Japan:
@@@@(1) One who has had a domicile or residence in Japan for three
@consecutive years or more and who is the child of a person who was a
@Japanese national (excluding a child by adoption);
@@@@(2) One who was born in Japan and who has had a domicile or
@residence in Japan for three consecutive years or more, or whose father
@or mother (excluding father and mother by adoption) was born in Japan;
@@@@(3) One who has had a residence in Japan for ten consecutive years
@or more.
@@@Article 7. The Minister of Justice may permit the naturalization of an
@alien who is the spouse of a Japanese national notwithstanding that the
@said alien does not fulfill the conditions set forth in items (1) and (2) of
@paragraph 1 of Article 5, if the said alien has had a domicile or residence
@in Japan for three consecutive years or more and is presently domiciled
@in Japan. The same rule shall apply in the case where an alien who is the
@spouse of a Japanese national has been married with the Japanese
@national for three years or more and has had a domicile in Japan for one
@consecutive year or more.
@@@Article 8. The Minister of Justice may permit the naturalization of an
@alien notwithstanding that the alien does not fulfill the conditions set
@forth in items (1), (2) and (4) of paragraph 1 of Article 5, provided that
@the alien falls under any one of the following items:
@@@@(1) One who is a child (excluding a child by adoption) of a
@Japanese national and has a domicile in Japan;
@@@@(2) One who is a child by adoption of a Japanese national and has
@had a domicile in Japan for one consecutive year or more and was a
@minor according to the law of its native country at the time of the
@adoption;
@@@@(3) One who has lost Japanese nationality (excluding one who has
@lost Japanese nationality after naturalization in Japan) and has a domicile
@in Japan;
@@@@(4) One who was born in Japan and has had no nationality since
@the time of birth, and has had a domicile in Japan for three consecutive
@years or more since then.
@@@Article 9. With respect to an alien who has rendered especially
@meritorious service to Japan, the Minister of Justice may, notwithstanding
@the provision of Article 5, paragraph 1, permit the naturalization of the
@alien with the approval of the Diet.
@@@Article 10. The Minister of Justice shall, when permitting
@naturalization, make an announcement to that effect by public notice in
@the Official Gazette.
@@@2. The naturalization shall come into effect as from the date of the
@public notice under the preceding paragraph.
@(Loss of nationality)
@@@Article 11. A Japanese national shall lose Japanese nationality when
@he or she acquires a foreign nationality by his or her own choice.
@@@2. A Japanese national having a foreign nationality shall lose
@Japanese nationality if he or she chooses the foreign nationality in
@accordance with the laws of the foreign country concerned.
@@@Article 12. A Japanese national who was born in a foreign country
@and has acquired a foreign nationality by birth shall lose Japanese
@nationality retroactively as from the time of birth, unless the Japanese
@national clearly indicates his or her volition to reserve Japanese
@nationality according to the provisions of the Family Registration Law
@(Law No.224 of 1947).
@@@Article 13. A Japanese national having a foreign nationality may
@renounce Japanese nationality by making notification to the Minister of
@Justice.
@@@2. The person who made notification in accordance with the
@preceding paragraph shall lose Japanese nationality at the time of the
@notification.
@(Choice of nationalities)
@@@Article 14. A Japanese national having a foreign nationality shall
@choose either of the nationalities before he or she reaches twenty two
@years of age if he or she has acquired both nationalities on and before the
@day when he or she reaches twenty years of age or, within two years
@after the day when he or she acquired the second nationality if he or she
@acquired such nationality after the day when he or she reached twenty
@years of age.
@@@2. Choice of Japanese nationality shall be made either by depriving
@himself or herself of the foreign nationality or by the declaration
@provided for in the Family Registration Law in which he or she swears
@that he or she chooses to be a Japanese national and that he or she
@renounces the foreign nationality (hereinafter referred to as gdeclaration
@of choice h).
@@@Article 15. The Minister of Justice may, by written notice, require a
@Japanese national having a foreign nationality who fails to choose
@Japanese nationality within the period prescribed in paragraph 1 of the
@last preceding Article to choose one of the nationalities he or she
@possesses.
@@@2. The notice provided for in the preceding paragraph may be made
@by means of announcement thereof in the Official Gazette, in the case
@where the person who is to receive the notice is missing or in any other
@circumstances where it is impossible to send the notice to the person
@concerned. In this case, the notice shall be deemed to reach the person
@concerned on the day following the day when the announcement is made
@in the Official Gazette.
@@@3. The person to whom the notice has been sent in accordance with
@the preceding two paragraphs shall lose Japanese nationality at the
@expiration of one month after the day he or she receives the notice,
@unless he or she chooses Japanese nationality within such period. This
@shall not, however, apply in the case where the person concerned is
@unable to choose Japanese nationality within such period due to a natural
@calamity or any other cause not imputable to him or her and he or she
@has made such choice within two weeks after he or she has become able
@to do so.
@@@Article 16. A Japanese national who has made the declaration of
@choice shall endeavour to deprive himself or herself of the foreign
@nationality.
@@@2. In the case where a Japanese national who has made the
@declaration of choice but still possesses a foreign nationality has
@voluntarily taken public office in the foreign country (excluding an office
@which a person not having the nationality of such country is able to
@take), the Minister of Justice may declare that he or she shall lose
@Japanese nationality if the Minister finds that taking such public office
@would substantially contradict his or her choice of Japanese nationality.
@@@3. The hearing concerning the declaration under the last preceding
@paragraph shall be conducted publicly.
@@@4. The declaration provided for in paragraph 2 of this Article shall be
@made by public notice in the Official Gazette.
@@@5. The person against whom the declaration has been made under
@paragraph 2 of this Article shall lose Japanese nationality on the day of
@the public notice under the last preceding paragraph.
@(Reacquisition of nationality)
@@@Article 17. A person under twenty years of age who has lost Japanese
@nationality in accordance with Article 12 may reacquire Japanese
@nationality by making notification to the Minister of Justice if he or she
@has a domicile in Japan.
@@@2. A person who has received a notice under paragraph 2 of Article
@15 and has lost Japanese nationality under paragraph 3 of the said Article
@may reacquire Japanese nationality by making notification to the Minister
@of Justice within one year after he or she has become aware of the fact
@that he or she has lost Japanese nationality, if he or she fulfills the
@condition set forth in item (5) of paragraph 1 of Article 5. However, in
@the case where he or she is unable to make notification within the period
@due to natural calamity or any other cause not imputable to him or her,
@such period shall be one month after he or she becomes able to do so.
@@@3. The person who has made notification in accordance with the
@preceding two paragraphs shall acquire Japanese nationality at the time of
@the notification.
@(Notification, etc., by legal representative)
@@@Article 18. In the case where the person who intends to acquire,
@choose or renounce nationality is under fifteen years of age, notification
@of the acquisition of nationality under Article 3, paragraph 1 or Article
@17, paragraph 1, the application for naturalization permission, the
@declaration of choice or the notification of renunciation of nationality
@shall be made by the person's legal representative on his or her behalf.
@(Ministerial ordinance)
@@@Article 19. Except as provided for in this Law, the procedures
@concerning the acquisition or renunciation of nationality as well as other
@rules necessary to enforce this Law shall be prescribed in the Ordinance
@of the Ministry of Justice.

The information on this website concerns a matter of public interest, and is provided for educational and informational purposes only in order to raise public awareness of issues concerning left-behind parents. Unless otherwise indicated, the writers and translators of this website are not lawyers nor professional translators, so be sure to confirm anything important with your own lawyer.




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