3 What is naturalization?/Road to Japanese nationality (4)


3-1 Naturalization and Application for permission to naturalize

When foreign nationals who have been living in Japan for some reason want to get Japanese nationality, they can get it by applying for it and surrendering their own original nationality.

Naturalization is that giving up their own nationality and getting another country’s nationality.

Applying for it is called Application for permission to naturalize.

Application for permission to naturalize will be done by foreign nationals themselves who have the will of naturalization.

The percentage of getting approval for naturalization would be high, if you meet the conditions of naturalization.

However, when there are questionable points to meet the conditions, your application would end up in failure, so, you have to consider carefully in advance.

 

3-2 What is nationality?

Nationality is the personal qualification of becoming a member or constituent of a certain country.

Therefore, you can say it is personal status or eligibility.

If you get Japanese nationality, wide variety of legal relationships will arise among you and Japan.

Let me show you some examples.

First of all, you can point out “RIGHTS AND DUTIES OF THE PEOPLE” stipulated on Japanese Constitution.

Especially, among these, the right to reside domestically and the right to vote are the rights that clearly depend on having nationality.

 

3-3 How to grant nationality

Japanese constitution says like this;

(Article 10)
The conditions necessary for being a Japanese national shall be determined by law.

Specifically, Nationality Law stipulates the conditions of Japanese nationality.

In the current law, you can get Japanese nationality by two ways; birth and naturalization.

In America, France, Brazil, etc., they take the system which grants the nationality to all those who are born in their territory.

This system is called “the principle of birthplace”.

In Japan, in principle, based on parent‐child relationship, as long as either father or mother is Japanese national, even if the child are born in or outside Japan, the child will get Japanese nationality.

This is called “the principle of lineage”.

Japan also supplementary adopts “the principle of birthplace”.

 

 

Thank you.
Solicitor & Immigration Lawyer

Hitoshi Oishi

 

 

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