2010-07-20

The three types of naturalization



There are three types of naturalization paths. Most are probably going to qualify for 簡易帰化 {kan'i kika} (simplified naturalization) — because most people that apply for permission to naturalize are usually already married to Japanese. Everybody else will fall into the "normal" naturalization process. For all practical purposes, the only major difference between normal & simplified is the amount of time you need to spend in Japan continuously before you qualify for application: one, three, or five years.

Listed from hardest to easiest, they are:
  1. 大帰化 {tai-kika} (extraordinary naturalization)

    This has never happened in the history of modern democratic Japan, but it's been on the law books since 1950. Simply, it means that you're so full of "win" that both houses — the 衆議院 {shūgiin} (House of Representatives aka "lower house") and the 参議院 {sangiin} (House of Councilors aka "upper house") — of the bicameral 国会 {kokkai} (National Diet aka "Japanese parliament") majority (>50%) vote/agree to just give you citizenship, no strings or conditions attached. Thus, in theory (and I do mean this literally because there's not a single example of it ever happening), all of the requirements for naturalization (including renouncing your other citizenships and not having a criminal record), don't apply.

    What do you have to do? Who knows? Jump in front of a madman with a gun in front of the imperial palace and save a member of the royal family, similar to Harrison Ford in "Patriot Games" (he was knighted, but he didn't get citizenship, by the way)? Retrieve and rescue the Japanese passengers from a crashed burning jumbo jet, similar to Dustin Hoffman in "Hero" (he didn't want or get anything either, not even a key to the city, by the way)? †

    Invent a way to grow rice without water?

  2. 普通帰化 {futsū kika} (regular naturalization)

    This is the path you take if your single or married to a non-Japanese. This means five years straight in Japan, don't be a minor, don't be poor, don't have a criminal record or cheat on your taxes, be willing to get rid of your other citizenships, and don't be an anarchist.

  3. 簡易帰化 {kan'i kika} (simplified naturalization)

    For 99%‡ of the people, this is the path you take if you're married to a Japanese citizen for more than one year. The five year residency requirement drops to three years. If you're married for more than three years, then the residency requirement drops to ONE year. This is actually very similar to the residency requirements for those applying for 永住者 {eijūsha} (permanent resident) status who are married to Japanese (three years of marriage and one year of residency), but not the same.

    The "simplified" means that one or more of the six requirements for naturalization have been made easier.
† Sorry, my knowledge of old unlikely-hero movies stops at 1992, the year I came to Japan.
‡ I made this percentage up and I have no data to back it up.

Sometimes 簡易帰化 {kan'i kika} (simplified naturalization) is called 特別帰化 {tokubetsu kika} (special naturalization). This has no direct connection to the 特別永住者 {tokubetsu eijūsha} (special permanent resident[s]; a permanent resident with WWⅡ connections to Japan), even though many special permanent residents would probably qualify for "special naturalization."

What Gets You "Simplified"

JAPANESE FAMILY & TEN YEAR-RESIDENT

What Gets Simplified:
  • The continuous five years of stay in Japan requirement
Who Qualifies for this Simplification:
  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
  3. One whose father or mother (excluding father and mother by adoption) was born in Japan; and
  4. One who has had a residence in Japan for ten consecutive years sometime in the past, even if they've since broken their consecutive years streak since then.
COMMENTARY:
As this shows, blood relations (jus sanguinis) to Japanese helps with naturalization, but does not make you an automatic shoe-in. And unlike the U.S., where being born there (jus soli) practically guarantees citizenship (and the right to be president), being born in Japan only gives you a two year residency simplification. Fun trivia: contrary to popular belief, U.S. military bases and embassies in Japan actually considered Japanese soil and not U.S. soil. I've known a few military kids who were born on U.S. bases in Japan that would probably be amused to know they might qualify for simplified naturalization after finishing a three year stint in the JET Programme.

FORMER JAPANESE

What Gets Simplified:
  • The continuous five years of stay in Japan requirement
  • The twenty years or older (an adult in Japan) age requirement
  • The secured livelihood (aka "don't be poor and have a job") requirement
Who Qualifies for this Simplification:
  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 continuously for one 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 got Japanese nationality by naturalization) and has a domicile in Japan; or
  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.
COMMENTARY:
I have no idea how many people have ever qualified for condition #4, or why that counts as a "former Japanese." 
Note that unlike many countries in the world (like the U.S.), the Japanese Constitution explicitly guarantees the right to leave Japan and/or renounce your citizenship (Article 22 in Chapter Ⅲ, The Rights and Duties of The People aka the Japanese "Bill of Rights"). 
But if you renounce your naturalized citizenship, that's it. Game over. You can never annul it for all practical purposes, so you'll have to work your way up from visa to PR (optional in Japan) to passport all over again. You changed your mind and don't want to live in your new country and you want to be come back again? Tough. "A woman country scorned," as they say. Go be Canadian* instead.
* A mighty fine country I might add, with some of the best comedians and hockey clubs in the world. Thanks to many years of NHL season tickets, I can sing "O Canada" with confidence. I still can't sing 君が代 {Kimi ga yo} (The Japanese National Anthem). Fortunately, singing the Japanese anthem or even remembering it is not a condition for naturalization.

SPOUSE OF JAPANESE

What Gets Simplified:
  • The continuous five years of stay in Japan requirement (to either one or three years; see the "who" below)
  • The twenty years or older (an adult in Japan) age requirement
Who Qualifies for this Simplification:
  1. One who has had a domicile or residence in Japan as a spouse of a Japanese national for three consecutive years or more;
  2. One who has been married to the Japanese national for three years or more and has had a domicile in Japan continuously for one year or more.
COMMENTARY:
Saved the most common scenario for last. This is the section that most everybody (including me) qualifies for if you did the cliché I married a Japanese and started a family here so I love it here and am going to spend the rest of my life here scenario. Qualifying for the dropping of the age requirement means that you somehow legally married a Japanese national as a minor in your home country. I did the math and checked the minimum age for marriage in various states in the U.S., and yes, it turns out that technically speaking, you could marry a Japanese at the age of fourteen in some states, move to Japan at 18 on a spouse or dependent visa, and qualify for simplified naturalization by 19 years of age.

★ For the record, I do not encourage or recommend teenage marriage — to Japanese or anybody else for the matter. Keep reading 漫画 {manga} (Japanese graphic novels) and watching アニメ {anime} (animé), kids, but you need not ask that cutie exchange student from 静岡県 {Shizuoka-ken} (Shizuoka Prefecture) for their hand in marriage when you really just want to go to the prom. Stay in school, keep studying Japanese, and be patient. ☮

22 comment(s):

  1. Is this true? "Like the U.S., once you renounce, that's it. Game over. You can never get it back, even by working you way up from visa to PR to passport."

    I remember that one of the examples that I saw either in the MOJ material or on a law office's website (?) was someone who had lost their Japanese citizenship by marrying a foreign national and accepting citizenship in their spouse's country. Maybe that's not the same as "renouncing"? Or maybe I am remembering incorrectly?

    Also, I imagine this case is pretty rare but even if you have had a residence in Japan for three consecutive years, you also have to have been married for at least one full year to qualify for simplified naturalization. It's either three years marriage and one year residency, or one year marriage and three years residency. (By the time I actually got all of my paperwork I'd been here for five years anyway, but the first time I went in for consultation I would have fallen into that last category. At the time I had lived in Japan for four years, and been married for two. If the marriage hasn't lasted at least a year so far, you have to wait until your first anniversary or your fifth year in Japan, whichever comes first.
    ReplyDelete
  2. Kimberly: good comment. I should have been more clear in the first draft right about publishing this post, but I was referring to people that renounce after acquiring Japanese citizenship through the process of naturalization. I've since edited this blog post to be more clear.

    Now for the U.S., it is made very clear that renouncing, whether you're naturalized or natural born citizen, is an irrevocable act.

    While voluntarily acquiring the citizenship of another country could, in theory, lead to you losing your Japanese citizenship (or even losing your U.S. citizenship), as of today, that rarely happens, probably because these cases, when compared to the overall population sizes of Japan or the U.S., is tiny.

    Thus, if you acquire another citizenship in addition to your Japanese citizenship not voluntarily, but automatically or involuntarily, you don't jeopardize your Japanese or U.S. citizenship. In Japan, it's not uncommon for Japanese women to automatically acquire additional citizenships if the non-Japanese men they marry are from some Islamic-law states.

    When I use the would "renounce" with Japanese citizenship, I'm specifically referring to completing the official 離脱届 {ridatsu todoke} form/paperwork.
    ReplyDelete
  3. Seconded. If you renounce your US Citizenship, you can get it back if you go through the process like any other immigrant. That is, come to the US or get married to an American, get a Green Card, and establish residency in the US for seven years. Then you qualify and go through the rigmarole (see requirements circa late 1990's here):

    http://www.debito.org/residentspage.html#naturalization

    The point is, there are two statuses as far as the USG is concerned: Citizen, or Non-Citizen. There is no special status for Former-Citizen, meaning the renounced Non-Citizen must get in line again like anyone else.
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  4. Of course being a citizen of another country which requires its public officials to be citizens doesn't preclude your instant Japanization upon entry to Japan. I think the process took about 3 weeks for Fujimori. He didn't have to pass any Japanese fluency test, either.
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  5. Debito, very interesting.

    On the same line of logic, that could mean that Japanese who renounce may be able to get it back as well — they just wouldn't be eligible for the "simplified naturalization" rule for "former Japanese."

    Debito, do you know of any example of anyone that has actually had cold feet / second thoughts and attempted to reverse a renunciation, either for Japan or the U.S.?

    If so, and there is precedent, that could imply that the fear people have of renouncing being a one-way ticket may not be as ultimate a fear as people believe.

    Though neither in the U.S. nor Japan is naturalization permission a sure thing, and I imagine that if you had previously renounced before applying again, they would ask you some really, really, hard questions.

    So I'm not sure I'd go around telling people that if everything goes to heck with respect to your new citizenship, don't worry because you can reverse everything back to the way it was.
    ReplyDelete
  6. (and by "reverse a renunciation", I don't mean nullify the previous renunciation, but get to the back of the line and get naturalized again. Like getting re-married to a person you divorced)
    ReplyDelete
  7. @mktmc2010

    Fujimori's parents were Japanese, and while he qualified for Japanese citizenship under the Nationality law, he didn't get naturalized. I don't know what took him three weeks. Perhaps it was his passport application. But he had Japanese citizenship from birth.

    His parents reserved his Japanese citizenship by registering his birth at the Japan Consulate in Lima.

    Because he grandfathered (pre-1985) into the Nationality Selection law, his nationality "selection" automatically defaulted to Japanese. Post-1985, those that fail to select by 22 are considered to have not chosen Japanese nationality.

    Again, hypothesizing; whether this has actually happened in real life or has been enforced I don't know, but I imagine for young (born post 1985) born-dual-national aka 国籍留保 {kokuseki ryūho} Japanese that have "defaulted" out of their Japanese citizenship by not choosing by 22 and then losing it, one would qualify for simplified naturalization under the "former japanese" simplifications mentioned in this post.
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  8. Hi there,

    I have married a Japanese in 2008, and we are going to live in Japan from early 2011. I was wondering, in my case, how long will it take to get Japanese nationality? Thank you!
    ReplyDelete
  9. "The five year residency requirement drops to three years. If you're married for more than three years, then the residency requirement drops to ONE year."

    If you come to Japan in 2011, assuming that you live here continuously from that point, in 2012 you will have been married for four years and in Japan for one year, making you eligible as per the last sentence I quoted above.

    I don't think many people do apply after only one year though, you may want to spend a little more time here to make sure you really do want to naturalize, pick up more of the language, solidify relationships with Japanese neighbors who may be interviewed as part of the process, etc.
    ReplyDelete
  10. 伊藤San,

    Thank you so much for your comment! I appreciated your help! In fact I have lived in Japan for more than 6 months before, but like you said, I am not in a hurry to make a big move. See how things go, will go with the flow.
    ReplyDelete
  11. I have heard of varying tales of NO CRIMINAL HISTORY to Depends on gravity of offense!!!
    I was done for fighting causing bodily harm to an african bloke in Roppongi after 21 days of going through legal system had to pay 200,000yen penalty does that mean I am stuck on Spouse of Japanese national visa for rest of my life or is there a light at the end of the tunnel that will allow me to apply and receive either PR or Japanese Naturalisation?
    ReplyDelete
  12. Hi Ty. Actually, you're not the first person to ask m that question, so I've dug around the web and found some Japanese naturalization lawyers that have attempted to answer that question. I'll post their answer and add it to the FAQ.

    The short answer is that anything involving incarceration takes at least ten (10) years of good behavior since the end of the incident and even then there are no guarantees and your odds are frankly not good.

    While normally I tell people you don't need a lawyer to naturalize, in you case (even for permanent residency), if you're serious, I'd recommend the consult of a professional.
    ReplyDelete
  13. Thanks for the advice and the pointers. I was lucky that I didn't receive a prison sentence just a 200,000 yen fine.

    about 6mths after the conviction I left and re-entered Japan I ticked 'YES' on the landing card where it asks if I have any convictions in Japan. When they pulled me aside in the interview room, Immigration said they couldn't find any record of the conviction and then asked me what did I do and what was the sentence I told them, and then the immigration offical informed me next time I enter Japan I don't need to declare the conviction.

    'Bizarre...!!!'

    This has left me with the impression that immigration don't view my conviction or sentence (200,000 yen fine) an issue, But I also realise MOJ might view it differently when applying for PR or Japanese Naturalisation. It has now been over 5yrs since the conviction so might try my luck in another 5yrs

    Again thanks for advice was helpful
    ReplyDelete
  14. Ty: you're welcome. I just published an post about this a few moments ago because you're actually not the first person who has asked me about this. Everybody has there skeleton in the closet I guess.

    While I don't have any experience myself, the post is basically a translation and paraphrasing of Q&A advice I've found on other blogs written by Japanese lawyers who specialize in naturalization.
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  15. Hi there, Want to seek guidance on acquiring Japanese citizenship from overseas in my case.
    I lived in Tokyo for 10 years with my Japanese wife (married for 10 years) and we have two kids(5 & 8 yr old-both Japanese nationals). I got the Permanent Resident Visa in 2006, but did not want to apply for Japanese passport.
    In April this year (2011), my employers(a British company)transferred me to India(my home country), and my wife and kids have also moved along with me. There is no chance of me being posted back in Japan, as my company downsized the operations there. So we may stay out of Japan for many years due to my job.
    Is it possible for me to obtain Japanese passport now-apply for it outside Japan? Or do I need to follow the one year residency rule afresh? I am okay to give up the Indian citizenship.
    Thanks in advance for any valuable advices.
    Best regards
    Sunny
    ReplyDelete
  16. Sunny: to get a Japanese passport you must first have Japanese citizenship. To get Japanese citizenship you must be physically present for five continuous years in the case of 普通帰化 {futsū kika}.

    A continuous year is defined as being outside the country for no more than 150 days total of a year, and no more than 100 days consecutively during a year.

    For those who have been married to a Japanese national for a very long time (such as yourself), you may qualify for 簡易帰化 {kan'i kika} (simplified naturalization), which means the residency requirement I mentioned above may be lowered to three or even one year. The 150 day / 100 day absence conditions still apply.

    It is not possible to apply for naturalization overseas (such as India). It must be done in Japan, and takes about eight to 12 months on average.

    Hope this helps.
    ReplyDelete
  17. Thank you very much Eido. It would then need 2-3 years of stay in Japan again (for me) to apply for citizenship under the Kan`i kika route- a year of residency at least and a year of processing etc.
    The key issue for me is that I contributed to the Kosei nenkin(pension system) for 10 years and while my wife can contribute to it while we are out of Japan, I as a foreigner can not do so, if I am not living in Japan. There is no pension system in India and I want to continue to pay for the nenkin (pension), since we will ultimately return to Japan, so as to be eligible after retirement there.
    One idea I have is to work for a Japanese company here and transfer to Japan for a few years and apply for citizenship while there. May be I can solve both the issues thus in a few years?
    ReplyDelete
  18. Your status as a non-Japanese or a japanese doesn't necessarily affect your ability to contribute to or receive pension (unless you're attempting to get a lump sum 3 year refund, n which case being a Japanese national will disqualify you from receiving the lump sum partial refund.

    The rules for contributing to and receiving pension are complicated, and out of the scope of this blog.

    I would recommend reading the official information in English for more information on the Japanese pension system.
    ReplyDelete
  19. You refer to 'domicile or residence' in Japan. The UK tax authorities consider me 'domiciled' in the UK even though I have not lived there since 1970. My wife (Japanese national) and I have been married for 25 years and own property in Japan, although it is not our primary residence. Am I 'domiciled' in Japan? Does this count towards the qualifying period for naturalisation?
    ReplyDelete
  20. Michael: you must be physically present in Japan. They look at your passport (both stamps and digital records) to verify.

    Owning property may factor into the "having means to support yourself" requirement, but it doesn't count towards the residency requirements.
    ReplyDelete
  21. hi there,

    If I am qualified for simplified naturalization, what are the required documents when apply for Japanese nationality?

    Thanks!
    ReplyDelete
    Replies
    1. Hi MDesign Studio. That's not an easy question and has a complicated answer, which depends case by case. Please read the pages on this site entitled "Steps", "Q&A", and "Docs" for further info and a starting point.
      Delete

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