How to be a Japanese Citizen

QUESTION

First, I would like to say that I deeply your informative monthly column.

I am a Filipina living in Japan for almost 20 years with a permanent resident visa. I have been living together with my Japanese husband without any child. I have no problem speaking in Japanese and writing in Hiragana and Katakana, but have some trouble writing Kanji (Chinese characters)

I would like to be a Japanese citizen, what are the documents and other requirements that I would be needing for my application?

(Virginia)

ANSWER

When those who are not born as a Japanese child like you would like to become Japanese, the only option is “Application for naturalization“.

There are three kinds of naturalization applications in Nationality Act:

One of them is the naturalization provided in Article 5 of Nationality Act. It is so called as “General naturalization” or “Ordinary naturalization“. The outline of this naturalization condition is as follows;

1. Having continuously had a domicile in Japan for five years or more;
2. Being twenty years of age or more and having the capacity to act according to his/her national law;
3. Being a person of good conduct;
4. Being able to make a living through his/her own assets or abilities, or through those of a spouse or of another relative his/her making a living;
5. Not having a nationality or having to give up his/her nationality due to the acquisition of Japanese nationality; and
6. On or after the date of promulgation of the Constitution of Japan, not having planned or advocated the destruction of the Constitution of Japan or the government established there　under with force, and not having formed or joined a political party or other organization planning or advocating the same.

Next is the naturalization provided in Article 6, 7 and 8 of Nationality Act. These are called as “Simple naturalization“. These naturalization conditions are eased when these are compared with “General naturalization” as follows:

1) Article 6

Those who falls under one of the following conditions does not have to meet the conditions of Article 5, paragraph (1), item (1) “Having continuously had a domicile in Japan for five years or more”

1. A child (excluding an adopted child) of a Japanese citizen, the former continuously having a domicile or residence in Japan for three years or more;
2. A person born in Japan, and continuously having a domicile or residence in Japan for three years or more or whose father or mother (excluding an adoptive parent) was born in Japan;
3. A person having a residence in Japan for ten years or more continuously

2) Article 7

Those who fall under one of the following conditions does not have to meet the conditions of Article 5, paragraph (1), item 1 (“Having continuously had a domicile in Japan for five years or more”) and item 2 (“Being twenty years of age or more and having the capacity to act according to his/her national law”)

1. A foreign national with a spouse who is a Japanese citizen, said foreign national continuously having a domicile or residence in Japan for three years or more
2. A foreign national with a spouse who is a Japanese citizen, for whom three years have elapsed since the date of their marriage, which foreign national has continuously maintained a domicile in Japan for one year or more

3) Article 8

Those who falls under one of the following conditions does not have to meet the conditions of Article 5, paragraph (1), item 1 (“Having continuously had a domicile in Japan for five years or more”), item 2 (“Being twenty years of age or more and having the capacity to act according to his/her national law”) and item 4 (“Being able to make a living through his/her own assets or abilities, or through those of a spouse or of another relative his/her making a living”)

1. A child (excluding an adopted child) of a Japanese citizen, said child having a domicile in Japan;
2. An adopted child of a Japanese citizen, said child continuously having a domicile in Japan for one year or more, and having been a minor according to his/her national law at the time of adoption;
3. A person having lost his/her Japanese nationality (excluding a person who lost his/her Japanese nationality after naturalization in Japan) having a domicile in Japan; or
4. A person born in Japan, not having any nationality since the time of birth, and continuously having a domicile in Japan for three years or more since that time

As you see from the above-mentioned explanation, you are supposed to prepare the required documents based on Article 7 of Nationality Act in your case, and apply for the naturalization. The documents required for the application, which are supposed to obtain and prepare amount to 37 kinds, such as an application for naturalization, outline of relatives, your resume, the motive document of naturalization, certificate of birth with a red ribbon, parents’ marriage certificate, husband’s family register, husband and wife’s resident card, and a certificate of tax payment etc.

The public office, which you must submit the required documents is the nearby Legislative Bureau, the Ministry of Justice. In the Legislative Bureau, you are supposed to be interviewed with the staff member of the Legislative Bureau individually 3 to 4 times in order to perform the inquiry about inspection of required documents, and the existence of the working command of Japanese.

As a result of interview, an application is supposed to receive only if they would have judged that the application was satisfying requirements, and the application documents are supposed to send to the head office of the Ministry of Justice with their opinion. At the Ministry of Justice, the Civil Affairs Bureau disposes an incident, and after determining permission or disapproval, the person himself/herself is supposed to be notified of the result even if it is which one. When an application is permitted, while it is supposed to notify an official gazette, the “Naturalization Identification Card” is published to the applicant himself/herself, and is made his/her own family register.

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