Application for ‘Child of a Japanese National’
QUESTION 1
I was born in the Philippines. Both of my parents are Filipino, but they did not register their marriage to LCR. My mother got married with Japanese 25 years ago and obtained her Japanese nationality after she carried out her naturalization procedure in Japan. Can I use this fact as a leverage to apply for “Child of Japanese National Visa”? We are now processing if I can be added to their family register (Koseki Tohon).
– Emelyn
ANSWER 1
No, you can’t. The status of “Child of Japanese National” should be given to those who are children by birth of Japanese national. So, I think that you mixed it up. However, it is regulated that a father or mother of the child must be Japanese national at the time when the child was born in accordance with the Japanese Immigration Law. It doesn’t matter where the child was born. Therefore, you would not be categorized as the status of “Child of Japanese National” since your mother gave birth to you before she obtained her Japanese national. It means that you would be granted this status only if you were born after your mother was naturalized to Japanese.
Marriage to a Japanese National
QUESTION 2
I went to Japan in 2001 using a different name and stayed there for eight years. I was deported from Japan in 2009 and went back to the Philippines together with my children. (Their father was a Filipino.) When I went back here in 2009, I decided to get a Single Certificate at the NSO. I was shocked because my marriage to a Japanese national was registered. I thought our marriage back in 2000, (I remember I was 20 years old at that time) was not registered that’s why he wasn’t able to process my documents. After we got married, he went back to Japan and never contacted me again. I tried calling him before and even sent letters but no response was made. So I stopped contacting him and just go on with my life.
I’ve learned that my Filipino boyfriend was having an affair with a different woman so I decided to leave my previous marriage as is because I don’t have any plans of marrying a philandering boyfriend. I left my boyfriend and went back to the province to start a new life with my children. I studied again and luckily, I am now a licensed secondary English teacher. But I never changed my status because whenever they would ask if I am single I would say I am married but they will always look for complete details of my Japanese husband which I don’t know since the only thing that binds us is our marriage certificate. So, my documents including my ID’s are all my maiden name which is Baito.
Then, this May, I met a Japanese guy and became his tourist guide for five days. By the way, I am also a Japanese language teacher though I’m planning to take the exams this December and hopefully I can pass JLPT N3. I never forgot the language and even went to TESDA to study the Japanese language formally. That’s why we were able to talk anything under the sun because we understand each other. On his last night in the Philippines, he proposed to me and he said he wanted me to be his girlfriend and accept my children and if possible adopt them if ever we get married. I was so happy and accepted him. I am carrying his baby, I am three months pregnant. I already talked to a lawyer here in the Philippines and gave a down payment of his retention fee but it’s been two months already and he never had me signed any contract about my annulment case. I want to push the annulment but the lawyer that I found is giving me a hard time because he has so many reasons whenever I texted him about my case.
I want to know the whereabouts of my husband if he is still living or not. 16 years have passed since our marriage I don’t know if an annulment was my case or divorce. I want to marry my Japanese boyfriend and I want to be with him especially now that he needs me at his side because his brother will soon have a brain surgery and I know that this is a very difficult time for him. He has cancelled his plans of going to the Philippines this Obon yasumi because of his brother’s condition and I truly understand that.
I do have plans of visiting him in Japan as a tourist but my birth certificate is still on a process because of the correction of a misspelled middle name. I think it will be due in October so I’m having a hard time getting a passport. Plus the fact that by November if ever I can visit him there I’ll be six months going to seven months pregnant. If ever I will deliver the baby end of January or 1st week of February, can my baby get a Japanese nationality even if I am still married? Is it possible to find my husband if he is still living or not? Because I don’t know if he even registered me as his wife after we got married. What kind of visa should I apply if ever?
I just found out that my boyfriend has already a new girlfriend. I’m in bad shape now because of that.
– Emelda A. Baito
ANSWER 2
Although your case seems to be so difficult, please do understand that it is so easy. You may request him to carry out the “embryo cognition” to your boyfriend now before you would give birth. Then, the baby is possible to obtain the Japanese national simultaneously at the time when he/she would be born. For your information, he can carry out the “embryo cognition” even if he has his family (wife and child) now. However, it is so hard to do it for him since it makes the serious trouble between husband and wife referring to his “embryo cognition” as soon as his wife can find it. So, I think he will not do it unless you would demand him to do it after you would come into Japan. When he will refuse to do it, there is no method except for filing the trial of “compulsive cognition” at the Family Court in Japan.
At that time, you must obtain his and your child’s “Attestation Certificate of DNA” from the specified doctor since the Court always requests to the plaintiff (you) as the data proving that he is truly a father of your child on a blood relative. As you know, it is necessary to submit the data, such as hair of the head, pubic hair, the skin, semen or etc. of which can prove the relationship of father and child to the doctor. Unfortunately, if you cannot obtain his and your child’s “Attestation Certificate of DNA” from the doctor, no one can carry out the procedure of “compulsive cognition” at the Court. Of course, he can carry out the recognition of his child after the child would be born.
On the other hand, if your child can acquire the Japanese national based on his consent fortunately, you can apply for the “Temporary Stay visa” from the Japanese Embassy in Manila for reasons of it. Besides, you can apply for change your status of residence at the Regional Immigration Bureau from the status of “Temporary Stay” to “Long Term Resident” as a mother of Japanese national after you would enter into Japan.
The marriage must perform the marriage annulment at the Regional Trial Court (RTC) in your hometown. After the completion of this procedure of marriage annulment, you can acquire a single certificate (advisory on marriages) from NSO, and can carry out a marriage with him in Japan/Philippines.
Office name: Miyoshi International Legal Counsel Office
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