Can naturalization or permanent residency be revoked?
The short, realistic answer for 99.999% of the cases out there for naturalization is "no". For all practical purposes, naturalization can only be revoked on meeting both of following two conditions:
- Something about the original naturalization process was fraudulent. In other words, there are intentional lies regarding financial status, background, nationalities, or criminal ties. "Fraudulent" includes not completing the entire process — for example, not renouncing your other nationalities in countries where renouncing is possible or not completing the nationality choice process (åœç±éžæå±) for countries where renouncing is not possible or doing the wrong process for a particular country.
Post World War 2, the most of naturalized citizens in the United States that have been denaturalized were stripped of their citizenship because they hid criminal associations on their naturalization application. Japan, under its modern post-WW2 Constitution, has never denaturalized anybody. - The person possess another nationality besides Japan. Countries that subscribe to the U.N. Universal Declaration of Human Rights will not make anybody stateless.
But even without a fraudulent application, permanent residency can be removed for certain crimes. The interesting thing is that the there is no difference between the crimes that a "regular" resident alien and an alien with permanent residency status commits to get residency status not renewed or removed & deported (éå»åŒ·å¶). The primary difference between the two is that if a non-permanent resident commits a crime that is not serious enough to warrant deportation (see the list below) but is serious enough that they are incarcerated, there is a chance the foreigner without PR will not be able to renew their status (åšçè³æ Œ) because of their criminal record or their status will expire before getting a chance to renew while serving time. The list of offenses that can get a foreigner resident, "permanent" or not, deported is:
- working and receiving renumeration for activities you're not permitted to do (excluding human trafficking victims): such as working on a visa that does not permit work
- "overstaying" one's residency permit length (except for extenuating circumstances such as hospitalization)
- human trafficking
- passport law violations (forgeries, etc.)
- a criminal-level violation of immigration law: such as altering or forging or using somebody else's Residence Card.
- with some exceptions, most crimes that warrant prison time where there is a clear victim (violence, etc.)
- for minors, any crime that has a sentence of three (3) years or more
- all drug related crimes (including marijuana and other drugs considered to be "light"or "minor" in other countries)
- being in jail for any sentence longer than a year
- prostitution and crimes related to it (except for human trafficking victims)
- assisting in other's illegal immigration
- attempting to destroy the sovereignty of Japan through violence
- formally belong to and participate in groups that attempt through undemocratic violent methods to overthrow the government
- indirectly but intentionally provide aid or resources to undemocratic and violent groups that are attempting to overthrow the constitution or government
- any person directly named by the Minster of Justice (æ³å倧è£) as being a threat to the public security and interests of Japan
For those with special permanent resident (ç¹å¥æ°žäœè
) status (åšçè³æ Œ), however, the list of offences that will get that status stripped is limited to five things:
- treason and crimes related to starting or participating in a civil war
- crimes carrying prison sentences related to interaction with foreign elements
- serious crimes committed in a foreign country affecting its sovereignty, participation in foreign and/or private foreign wars or conspiracies
- crimes against embassies or foreign embassies deemed grave enough that both the MoFA (å€åç) and the MoJ (æ³åç) deems one to be a threat to vital interests
- crimes with penalties in excess of seven (7) years and the MoJ has determined that the crime harms the vital interests of Japan
In reality, the vast majority of permanent residents lose their "permanent" residency status (special or regular) by leaving Japan without a re-entry permit or leaving with a re-entry permit and letting that permit expire.
