Do the rich or famous get to skip naturalization steps?
Today's question comes from an email who asks if an American makes too much money, is there a chance that his attempt to relinquish his U.S. citizenship will be denied? Also, will Japan permit a wealthy person to skip the relinquishment process so they don't have to pay the U.S. Exit Tax? Can you skip any other step if you're wealthy or famous?
The quick answer all of these questions is "no". As long as you go through the expatriation process properly (ex. you can't just storm into the embassy, claim you're mad because you preferred political party didn't get into power, and light your passport & your country's flag on fire *), the U.S. will not deny an American the ability to willfully self relinquish or renounce their citizenship. It's not a constitutional right like in Japan, but it is a right codified into U.S. law.
There's no known case of any naturalization candidate being allowed to skip any skips of the naturalization process, other than what is permitted by the 簡易帰化 (simplified naturalization) process.
In particular, famous athletes, businessmen, people in the news, and celebrities all go through the exact same process as an ordinary foreigner. Now, it may seem easier, because they have an income or skills that are so extraordinary it makes the evaluation of the candidates ability to live in Japan very easy. Also, the rich and powerful probably pay a lawyer to assemble their paperwork. However, no matter who they are, they still have to appear in person (with their lawyer if they wish) for most of the interviews, and they still have to prepare a handwritten 動機書 (motivation essay) by their own hand.
The only one way for a person to actually skip requirements (such as renouncing your other nationalities or meeting the residency requirements) is to be naturalized by the 大帰化 (extraordinary naturalization) process. To qualify, the Ministry of Justice is literally bypassed and the Japanese Diet votes on whether or not to give you nationality, without any restrictions or conditions. A majority vote by both the lower and upper house gets you Japanese citizenship.
Since 1947 (when that part of the Nationality Law was invented), not a single person has ever been considered for 大帰化 (extraordinary naturalization). Many rich and famous people have naturalized. But apparently nobody has been that rich and famous.
The quick answer all of these questions is "no". As long as you go through the expatriation process properly (ex. you can't just storm into the embassy, claim you're mad because you preferred political party didn't get into power, and light your passport & your country's flag on fire *), the U.S. will not deny an American the ability to willfully self relinquish or renounce their citizenship. It's not a constitutional right like in Japan, but it is a right codified into U.S. law.
* Fun trivia: not only will burning your passport not cause you to lose your nationality, it may get you in trouble with the law. A passport is government property, and the fine print in a U.S. one warns of penalties if you intentionally mutilate, or yes, burn it. As for the flag, it's perfectly legal to burn the Japanese flag in Japan. It is not legal, however, to burn other countries flags in Japan if it has the potential to incite public unrest.
Additionally, you'll probably also be charged with an additional crime for lighting something on fire inside the embassy.Now, what you can't do, as a wealthy (defined as assets, after deducting liabilities, in excess of $2 million — or an average annual tax liability over the last five years in excess of about $130 thousand) American, is renounce/relinquish your citizenship and not pay the exit tax and expect to be able to enter the United States again. Americans must choose one of these four options:
- Pay the exit tax
- Don't renounce/relinquish
- Because they can't force you (because you're not committing an extraditable crime by not paying after-the-fact U.S. tax as a non-U.S. national), never enter the U.S. again
- Don't be rich
There's no known case of any naturalization candidate being allowed to skip any skips of the naturalization process, other than what is permitted by the 簡易帰化 (simplified naturalization) process.
In particular, famous athletes, businessmen, people in the news, and celebrities all go through the exact same process as an ordinary foreigner. Now, it may seem easier, because they have an income or skills that are so extraordinary it makes the evaluation of the candidates ability to live in Japan very easy. Also, the rich and powerful probably pay a lawyer to assemble their paperwork. However, no matter who they are, they still have to appear in person (with their lawyer if they wish) for most of the interviews, and they still have to prepare a handwritten 動機書 (motivation essay) by their own hand.
The only one way for a person to actually skip requirements (such as renouncing your other nationalities or meeting the residency requirements) is to be naturalized by the 大帰化 (extraordinary naturalization) process. To qualify, the Ministry of Justice is literally bypassed and the Japanese Diet votes on whether or not to give you nationality, without any restrictions or conditions. A majority vote by both the lower and upper house gets you Japanese citizenship.
Since 1947 (when that part of the Nationality Law was invented), not a single person has ever been considered for 大帰化 (extraordinary naturalization). Many rich and famous people have naturalized. But apparently nobody has been that rich and famous.
