The "dealbreaker" separating permanent residency and naturalization

In a previous blog posts, I've often talked about the difference between permanent residency and naturalization in terms of rights and visas and other things:

• the right to vote (be a participant in Japan's democracy)
• the right to hold office (be a part of the legislative branch of Japan's government)
• the right to be a lay judge (be a part of the judicial process of Japan's government)
• the right to be a public servant such as work for the police, fire department, ward office, etc. (be a part of the executive part of Japan's government)
• the ability to pass Japanese nationality to your decendants (jus sanguinis)

There are other intangibles as well: when one's credit profile is assessed for a loan or a line of credit, one's "stability" is calculated and that determines if and how much credit is extended to you. The presence of permanent residency or nationality alone is not the sole binary factor used in determining whether you qualify for a loan or credit card etc. It is one of many "stability" factors such as: length of time at an employer, the stability and size of your employer, the stability and size of your income, the stability and length of time at your residence, the type of residence (rented versus owned).

Yes, whether you are a national or not, and if you're not whether your a permanent resident or not, matters (not just in Japan, but other countries). It is just one of many variables though. There are many non-Japanese that have gotten lines of credit and big loans without being either naturalized or a permanent resident. There are also Japanese nationals (naturalized and natural born) who are turned down for credit.

I've had other people attempt to probe me further regarding my particular motives. In a 2½ Oyajis interview, I said that compared to the above — of which I rarely or will never use those rights with the exception of the right to vote (which I've done three times now), the right I use everyday is the "right to be in Japan, no matter what." To paraphrase:

"Permanent residency and other visas give you permission to be in Japan. Being a Japanese national gives you the right to be in Japan." And that right is something I use everyday.

The word "permanent" in "permanent resident" (永住者 {eijūsha}) is slightly misleading in that it's not truely permanent. There are different ways you can lose it:

• You can lose it by being out of the country for too long of a time without returning to renew a re-entry permit (再入国許可 {sai-nyūkoku kyoka}) occasionally.
• You can also lose it by committing certain serious crimes — you will first serve your punishment in Japan, and then you will be deported.
• You can also possibly lose it if they change the immigration policies and laws.

The odds of any of the above happening to a foreign resident are small to remote as most non-Japanese are law-abiding and diligent enough to keep their stays outside of the country either to short or medium length — either that or make sure they keep their re-entry permission current and don't let it expire while outside the country.

So what's the difference between the two that causes most people who have nationalities from OECD countries to naturalize? In my opinion, it's this:

• permanent residency is something that's rewarded to you for time served up to now (good behavior in Japan and a promising career). It requires and demands nothing extra from you going forward.
• naturalization, on the other hand, is also a commitment going forward. You sign an oath to the Japanese Constitution and its laws, both in its current form and in any form it may change in the future. Those laws may even apply to you when you are not on Japanese soil.
  
  Additionally, as part of that proof of commitment, Japanese naturalization requires you to give up your other nationalities. It does not ask you to give up your ethnicity or your culture or your heritage or your identity; but it does ask you to relieve yourself of your legal (not spiritual) ties to other sovereign states.

And this is the deal breaker for most foreign residents in Japan; their commitment to stay in Japan is not strong enough that they are unwilling to give up that legal connection to another state that gives them the right to live and work in their home country without needing permission or a visa.

It's definitely not the difficulty: in many cases, qualifying for naturalization is easier than qualifying for permanent resident status.

From some people's point of view, the ability to have dual or multiple nationalities should be a human right — it isn't; the right to have a (single) nationality is. From many state's point of view, multiple nationalities are something that is recognized and tolerated but discouraged, because of the legal problems it can cause when two or more states claim a connection to a citizen have conflicting duties and laws with respect to that person. And this actually happens all the time. For example, the U.S. State Department says:

The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person's allegiance.

From a philosophical point of view, the difference between naturalization and permanent residency can be viewed as this:

• Those with permanent residency want to stay in Japan.
• Those who naturalize know they are going to be in Japan forever.