How to acquire a Japanese national
QUESTION #1
I am a Japanese descendant, living in Japan for almost 15 years, with a permanent resident visa. I was born in the Philippines of a Japanese father who was also born in the Philippines. My grandfather was a Japanese soldier who married a Filipina, my grandmother. My father also married a Filipina, my mother, but he died 20 years ago. I am the eldest of two brothers. In my father’s family register (KOSEKI-TOHON), my brother and I are registered. However, my parents were actually married in May 1984, while I was born in May 1963. My question is, can I apply to become a Japanese national, like my father who was also Japanese?
ANSWER 1
Referring to your question, my opinion and answers are as follows.
1) How many types are there to get Japanese nationality when a child was born in Japan or abroad?
In accordance with the definition of Japanese Nationality Law, there are three types of acquisition of nationality by birth. Following are the regulations.
In any of the following cases, a child shall be a Japanese national:
(1) When, at the time of its birth, the father or the mother is a Japanese national.
(2) When the father who died prior to the birth of the child was a Japanese national at the time of his death.
(3) When both parents are unknown or have no nationality, in a case where the child is born in Japan.
In this context, it means that a father and mother should be a legal father and mother who had already married in the eye of the law when a child was born. Therefore, a child who was born between unmarried parents, legally speaking, could not be recognized Japanese national even if Japanese father gave his paternity recognition for his child after his/her birth. However, a child can get Japanese nationality at the time of his/her birth if Japanese father gave his paternity recognition for his child prior to his/her birth. It is called “unborn baby paternity recognition”.
Even if I missed my Japanese nationality when I was born in May 1963, I think I had already got Japanese nationality at the time of my parents’ marriage in May 1984 or after their marriage. Because my brother and I had registered in the family register (KOSEKI -TOHON) the same as my Japanese father.
No, you could not get Japanese nationality yet because your father and mother have never got married legally before and when you were born. That is, a child who was born between unmarried parents, legally speaking, could not be recognized Japanese national even if Japanese father gave his paternity recognition for his child after his/her birth. Besides, in accordance with the Nationality Law, it regulated as follows,
(1) A child (excluding a child who was once a Japanese national) under twenty years of age who has acquired the status of a legitimate child by reason of the marriage of its father and mother and their recognition, may acquire Japanese nationality by making notification to the Minister of Justice, if the father or mother who has affected the recognition was, at the time of the child’s birth, a Japanese national and such father or mother is presently a Japanese national or was, at the time of his or her death, a Japanese national.
(2) A child who makes notification in accordance with the preceding paragraph shall acquire Japanese notification.
As is mentioned above, you have not yet Japanese national because of your age.
3) Can I get Japanese nationality like my father?
Yes, you can apply to get Japanese nationality. You can take steps on the “Naturalization” procedure in accordance with Article 4. of the Nationality Law at the nearest Legislative Bureau (“Hohmu-kyoku” in Japanese) office. I think your case will be treated as a simple and easy case because your father is Japanese. I hope everything is OK and well.
QUESTION 2
Konichiwa. I read your column in the Philippine Digest and just got your email there. I would like to ask some opinion about your expertise concerning Immigration rules in Japan. I am a Nikkei-jin and luckily, a holder of a Long-Term Resident visa, single entry issued only this year here in the Philippines. My mother is the direct Japanese descendant, the only living daughter. His father was a high rank military officer who died here in the Philippines in 1941. I would like to ask some questions or opinions from you, such as
1) Can my mother obtain a Japanese visa or is she entitled to a Japanese passport?
2) How can she process to be able to get a Japanese passport?
3) Are 4th generation entitled also for a Nikkei-jin visa or resident visa?
4) Is it possible that my mother would be able to receive the death insurance of his father from the Japanese government because my grandfather left Japan as single or unmarried? My mother is 83 years old already.
I hope you can help us or enlighten us with those questions that I have mentioned. I am hoping for your immediate answer even through e-mail only. Thank you so much for your time and I am sorry to disturb you. More power and God Bless. – Garcia
ANSWER 2
Your mother is actually Japanese if your grandfather had made the formality to
submit the notification of her birth report to the Japanese Embassy or his municipal (city, town, or village) office in Japan. When he had done it, it was surely recorded her birth to the copy of his father’s family register (“Koseki-Tohon” in Japanese) and, of course, she can get Japanese passport because she was registered into his family register as Japanese. On the other hand, unfortunately, when your grandfather had never submitted the notification of birth, your mother’s name could not fill in her father’s family register and it seems that she could not acquire a Japanese national.
However, she acquired her Japanese national when she was born based on the old Nationality Law.
So, her father can claim it to the authority (Embassy or Legislative Bureau, Ministry of Justice) and acquire her Japanese nationality finally. Then, when your grandfather has already died, she has to acquire the visa as a foreigner and she can carry out the petition for confirmation of her Japanese citizenship to the Legislative Bureau through a municipal office at her father’s domicile address.
Has grandfather’s name been described in his mother’s birth certificate?
Can grandfather’s domicile of origin (Honsekichi in Japanese) be calculated from the name?
If she can acquire the copy of grandfather’s family register after grandfather’s domicile of origin could be calculated, your mother is able to acquire the visa “Spouse or child of Japanese national”. If she could not acquire it, the visa cannot be issued to her and she has no way to confirm her Japanese nationality in Japan.
Next, the method of obtaining a Japanese passport is as follows.
First, please get in touch with the municipal district office where your grandfather and mother’s domicile of origins is. After it explains your mother’s situation, the copy of your mother’s register is requested. A clerk at the public office shall examine whether your mother surely has a Japanese national or not. Then, it is examined by the person who is claiming it whether it is surely your mother or a relative. When it is judged it is unquestionable, and after these are examined, the copy of its register will be sent to your mother appropriately. Of course, your mother should bear the delivery commission and postage. If this copy of the register is acquired, the delivery application of a Japanese passport after it proceeds to a Japanese embassy or consulate in Philippine whereabouts is done. On the present Immigration Control Law, fourth generation (“Yon-sei” in Japanese) living in foreign countries can acquire the visa. If he/she is a minority, unmarried and being supported by parents without working until reaching one’s majority, he/she can be entitled the visa “Long Term Resident”. Therefore, there is a possibility to get it when your child, Yon-sei, is minority and single.
On the other hand, if he/she is an adult, he/she has a possibility to enter/work in Japan as the Immigration status, “Designated Activities (“Tokutei-Katsudo” in Japanese)” since July 1, 2018.
Finally, regarding the veteran’s bill, please find it as follows.
There are some conditions to get veteran’s bill or veterans pension. First, it is necessary that your grandfather died as Japanese soldier during the war in Philippine. Second, he got married legally with your grandmother who was Filipino. When, where and how did your grandfather die? Do you prove and submit or report these facts to the municipal district office in Japan? I do recommend you that is possible to inquire and confirm to the Ministry of Health Labor and Welfare where these records of death and wounded servicemen during world war Ⅱ are keeping. Anyway, if these are fulfilled, the veterans’ bill can be obtained.
Office name: Miyoshi International Legal Counsel Office
Telephone/Fax (Japanese/English): 0463-61-
E-mail: miyoshi@ipcworld.co.jp or joshua-galasha@mvg.biglobe.ne.
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