Can you be deported, exiled, or prevented from entering Japan after naturalization?
No.
When you ask somebody what "naturalization" to Japanese gets you, the first answers off the top of their head are "the right to vote" or "the right to hold office", and they will usually follow that up with "these aren't things you do very often, so naturalization really doesn't give you much over permanent residency"
However, there is one right that you get to exercise every day: the right to enter and live and work in Japan at will.
When you are a foreign resident of Japan you have "permission to be in Japan". When you are a Japanese national, you have the right to be in Japan."
Contrary to popular belief, "permanent resident" SoR (æ°žäœè åšçè³æ Œ) does not give you the right to be in Japan, nor is it a promised to be truly "permanent" — either by the foreign resident or by the State of Japan. Permanent Resident Status, just like other "non-permanent" legal foreign resident statuses, can be lost, revoked, and taken away under certain circumstances — either due to one's own actions (being deported or letting one's "permanent" status of residence "expire" due to being outside of Japan for too long) or due to no fault of your own (change in immigration policy via the legislature).
If you're a Japanese national, however, you have what is often called in other countries (such as the United Kingdom), an irrevocable "right of abode" (ROA).
You do not lose the ability to enter Japan even if you lose your Japanese passport and/or your identification while overseas (obviously there must be some way to verify you're Japanese via official documentation on file with the Government of Japan, however). Japan's Ministry of Justice immigration site explains the Immigration Control and Refugee Recognition Act, Section 7, Articles 60 & 61 (æ¥æ¬äººã®åºåœåã³åž°åœ/å ¥ç®¡æ³ç¬¬ïŒç« 第ïŒïŒ〜ïŒïŒæ¡):
In addition to the immigration law, there are two other laws that guarantee a Japanese national come and go and live and stay in Japan as they please. The first is the Japanese Constitution, Article 22:
For crimes and misdemeanors, Japan can fine you. It can imprison you. It can even execute you. But it you're a Japanese national, they can't deport or banish you.
However, there is one right that you get to exercise every day: the right to enter and live and work in Japan at will.
When you are a foreign resident of Japan you have "permission to be in Japan". When you are a Japanese national, you have the right to be in Japan."
Contrary to popular belief, "permanent resident" SoR (æ°žäœè åšçè³æ Œ) does not give you the right to be in Japan, nor is it a promised to be truly "permanent" — either by the foreign resident or by the State of Japan. Permanent Resident Status, just like other "non-permanent" legal foreign resident statuses, can be lost, revoked, and taken away under certain circumstances — either due to one's own actions (being deported or letting one's "permanent" status of residence "expire" due to being outside of Japan for too long) or due to no fault of your own (change in immigration policy via the legislature).
If you're a Japanese national, however, you have what is often called in other countries (such as the United Kingdom), an irrevocable "right of abode" (ROA).
You do not lose the ability to enter Japan even if you lose your Japanese passport and/or your identification while overseas (obviously there must be some way to verify you're Japanese via official documentation on file with the Government of Japan, however). Japan's Ministry of Justice immigration site explains the Immigration Control and Refugee Recognition Act, Section 7, Articles 60 & 61 (æ¥æ¬äººã®åºåœåã³åž°åœ/å ¥ç®¡æ³ç¬¬ïŒç« 第ïŒïŒ〜ïŒïŒæ¡):
æ¥æ¬äººãåž°åœããããšã¯,åœæ°ãåœç¶ã«æããæš©å©ãšããŠè§£ãããŠããŸã。ãã®ãããªæš©å©ãæããæ¥æ¬äººã®åž°åœãå€åœäººã®å ¥åœãšåæ§ã®æç¶ãšããããšã¯é©åœã§ãªãã®ã§,å ¥ç®¡æ³ã¯æ¥æ¬äººã®åž°åœæç¶ã«ã€ããŠå€åœäººã®å ¥åœæç¶ãšã¯å¥ãªæ¹æ³ãèŠå®ããŠããŸã。Translated:
æ¥æ¬äººã®åž°åœã®æç¶ã¯,å ¥åœå¯©æ»å®ãåž°åœã確èªã,ååãšããŠæ åžã«åž°åœã®èšŒå°ãããããšã«ãªã£ãŠããŸãã,ãããåŸãªãäºæ ã«ããæ åžãææããŠããªãå Žåã«ã¯,åž°åœèšŒææžã亀ä»ããããšã«ãã£ãŠè¡ããšèŠå®ãããŠããŸã。ããã¯,ããšãæ åžãææããããšããªããŠãæ¥æ¬ã®åœç±ãæããããšã蚌ããææžãææãããªã©ããŠ,æ¥æ¬äººã§ããããšã確èªãããã°,åž°åœããããšã«æ¯éããªãããšãæããã«ãããã®ã§ã。
The ability for a Japanese to return to Japan is understood to be an obvious right for all legal nationals. This is why the procedures for a Japanese entering the country are different from the procedures that a non-Japanese uses for entering Japan.I've actually experienced this situation personally first hand: I got into a situation where I left Japan without possessing a Japanese passport yet. After confirming that I had Japanese nationality, immigration let me back in the country despite me not having proper Japanese papers!
The procedures for a Japanese to return to Japan through immigration are facilitated via using a passport as proof of one's nationality, however in extenuating circumstances where one is not in possession of a Japanese passport, a certificate allowing return [such as a Travel Document for Return to Japan] will be issued to allow one to return without hindrance, after their Japanese nationality has been confirmed through other means [such as a Japanese driver's license].
In addition to the immigration law, there are two other laws that guarantee a Japanese national come and go and live and stay in Japan as they please. The first is the Japanese Constitution, Article 22:
The second is Article 13 of the UDHR (which is translated to Japanese), which defines the phrases "human right" and "fundamental freedoms" that are used in the UN Charter, of which Japan is a member:
- Every person shall have freedom to choose and change his residence and to choose his occupation to the extent that it does not interfere with the public welfare.
- Freedom of all persons to move to a foreign country and to divest themselves of their nationality shall be inviolate.
Of course, just because a naturalized person can unconditionally enter Japan at any time, no matter what they've done (for example, an illegal activity), unlike a non-Japanese, does not mean they're free from consequences of your actions, either done within Japan or done overseas.
- Everyone has the right to freedom of movement and residence within the borders of each state.
- Everyone has the right to leave any country, including his own, and to return to his country.
For crimes and misdemeanors, Japan can fine you. It can imprison you. It can even execute you. But it you're a Japanese national, they can't deport or banish you.
