Legitimation
QUESTION
I would like to seek some advice regarding visa application in Japan. I am 25 years old. My father is a Japanese and my mother is a Filipina. They got married one year after I was born. I have my father’s surname in my birth certificate. He also signed on it. My father died when I was six years old. My mother was registered in my father’s koseki and is living here in the Philippines. She is receiving a pension from Japan. My three younger siblings are in Japan. One of my sisters is already a Japanese citizen and is the only registered child in my father’s koseki. The other two obtained their long-term visas because their basis is my parents date of marriage and my father’s date of death. I have also done a full siblingship DNA with my sister who is a Japanese citizen. Will I be able to apply a visa as a Japanese descendant? Or what visa can I apply? Thank you so much for your time and hoping for your positive response.
– Rose
ANSWER
According to the Civil Code and Nationality Law of Japan enforced in those days when you were born, and your parents got married, it was defined as follows.:
The child born among the men and women who are not legal husband and wife calls it an “illegitimate child”. That is, you were born as a “illegitimate child” in the Philippines. As you have already knew about it, the mother-and-child relationship occurs naturally according to the fact of parturition (Supreme-Court judgment as of Apr. 27, 1962).
On the other hand, the father-and child relationship should be determined it when a father recognizes his child (Article 779 of Civil Code). That is, regarding to the child born among the men and women who are not legal husband and wife, he/she must be recognized by a real father declaring that “This child is my child”, since no one does not understand who is the real father of the child. Though, the parents were living together as de facto husband and wife. The child turns into a “legitimate child” from an “illegitimate child” by this procedure. This is called “legitimation (Article 789 of Civil Code)” by a legal term. In that case, it is supposed to be classified two categories by when the father has recognized the child as follows:
1) Marriage legitimation
If a father submits the child’s cognitive report to a municipal office before “Acceptance of marriage report”, the child will acquire the status of a “legitimate child” at the time when the marriage report would have been accepted at the municipal office.
2) Cognitive legitimation
If a father submits the child’s cognitive report after “Acceptance of marriage report”, the child will acquire the status of a “legitimate child” at the time when a cognitive report would have been accepted at the municipal office.
In addition to this, even if a father does not submit a father’s cognitive report to the municipal office, it is to be considered that a father submitted the cognitive report when the parents together submit a marriage report and the child’s birth report simultaneously by the parents (Article 62 of Family Registration Law).
On the other hand, it exists that a father submits a cognitive report only and is received it without submitting a marriage report. Even if it is which case listed above, these are described in a father’s Family Register, Removal Family-Register, and Revised-Family-Register. Therefore, in order to find clearly whether the paternal relation between you and your father exist, you, first of all, have to scrutinize the removal-family-register, revised-family-register, the marriage certificate of your parents, and your certificate of birth.
In other words, if the Japanese father did not submit the cognitive report which described that “this child is my child”, it’s usually accompanied by considerable difficulty in order to prove the “paternal relations”.
According to your explanation, you have already acquired the DNA attestation of siblings in order that you may prove paternal relations and Japanese-origin nature, but the Japanese government organizations, such as the Immigration Bureau, do not accept the “paternal relations” by this DNA attestation only. That is, in order to prove existence of “paternal-relations”, it is necessary to file a case of “Verification of a Paternal Relation Existence” to the Family Court in Japan, and to be issued the judgment of the “paternal relations” from the Court. As you see, it is opaque whether it will be recognized or not, and it will be required considerable expense and days.
According to present Immigration Control and Refugee Recognition Law, if a paternal relation with a Japanese father can be accepted, he/she can be granted one of the following statuses, and can enter/reside in Japan:
1) Japanese (Japanese nationality holder)
2) Child of Japanese national (status of residence “Spouse/Child of Japanese national”)
3) Child of Japanese child’s (status of residence “Long Term Resident”)
I do hope your siblings who are now residing in Japan would consult with me in person showing these certificates if there is an opportunity.
QUESTION:
Thank you for your response. I greatly appreciate it. If ever my siblings would have an opportunity to visit your office, what are the certificates they should bring? And also, I would like to ask the exact location of your office.
ANSWER:
As I mentioned in my e-mail “you, first of all, have to scrutinize the removal-family-register, revised-family-register, the marriage certificate of your parents, and your certificate of birth,” these certificates are necessary.
When he/she would like to visit my office, please make an appointment (Tel: 090-1436-4107) first since I’ll explain him/her how to come to my office.
I hope to hear from him/her soon.
Office name: Miyoshi International Legal Counsel Office
Telephone/Fax (Japanese/English): 090-1436-4107(Mobile phone)
E-mail: miyoshi@ipcworld.co.jp or joshua-galasha@mvg.biglobe.ne.jp (Japanese/English) OR p-digest@ipcworld.co.jp(English/Tagalog)
Website: www.phildigest.jp
Nearest station: Keio Nagayama by Keio line or Odakyu Nagayama by Odakyu line in Tama-city, Tokyo
Working hour/day: 09:00-18:00/Monday-Saturday (except holidays)