Naturalization
QUESTION 1
I have called your office last March for inquiries. I would like to reiterate my case. I am 27 years old. My mother is a Filipina but is now a naturalized Japanese citizen. My father is a pure Japanese. My mother wasn’t able to report my birth at the Japanese Embassy here in the Philippines thus I wasn’t able to be a part of my fathers’ koseki tohon. But in my Philippine Birth Certificate, my father has signed and recognized me. My mother and father got separated when I was 3 years old and I was left with my grandmother in the Philippines. I went to Japan last March 2018 as a tourist and we went to visit my father, but he didn’t come to see us. We have his current address and cellphone number but the problem was he won’t face us. I was adopted by my mother’s Japanese husband and I am now in his koseki tohon.
Is there a way for me to get my nationality as a Japanese? The last time we have talked is that you advised me to get a copy of my biological father’s koseki tohon (new or old). I found my father’s old koseki tohon as well as his old passport copies. What will I do next? What are my options in staying in Japan and be with my family? Like you have told me before, I already have my biological father’s old koseki tohon. What do we do next? I would like to ask for consultation and fees so that I can avail your service and assistance? – Yamato
ANSWER 1
Like other cases of the same kind, unless your Japanese father will carry out the “recognition” to you based on the Japanese laws, you cannot acquire the Japanese national, and cannot enter a country and reside as a “Child of Japanese national”, either. Although the adoption with a Japanese (your mother’s husband) is related to the succession of his property, it does not relate to the permission of entrance into a country and residence in Japan at all. Especially, it does not reflect your naturalization. Unfortunately, no one can help you without your Japanese father’s cooperation. Therefore, first of all, please obtain the “Cognition” based on the Japanese Civil Code/Registration Law from your Japanese father. Then, consult with me in Japan after that.
QUESTION 2
I am Nilmini, a Sri Lankan. I came to Japan in 2013 as a student (from student visa). After a year, I got a working visa for four years. Now I completed five years of living in Japan. I need to apply for Japanese citizenship. I have good educational qualifications (I am an attorney-at-law and University Management degree holder in Sri Lanka). Am I eligible to apply for the Japanese citizenship under my living period in Japan?
ANSWER 2
For your information, the minimum conditions for being naturalized to Japan are as follows:
- Address conditions
He/she has just status of residence and live in Japan subsequently for five years or more.
- Capability conditions
Age must be 20 and over, and reach the adult’s age also with the law of his/her native country.
- Behavior conditions
His/her behavior must be good.
- Livelihood conditions
He/she can live in Japan by himself/herself and cannot be troubled by his/her life.
- Double histories prevention conditions
Those who is now statelessness or is supposed to lose his/her nationality upon he/she would have been granted the naturalization in principle.
- Constitution observance conditions
He/she has an intention which observes the Constitution of Japan, and perform this.
In addition to these criteria, please be aware that “Even if he/she fulfills these conditions, those who were judged not to benefit for Japan will not necessarily be permitted his/her naturalization”.
More information will be given to you only when you would come and consult with me in person.
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.
Website: www.phildigest.jp
Address: Kanagawa-ken, Naka-gun, Oiso-cho, Higashikoiso 716-2
Nearest station: Oiso station by Tokado Line
Working hour/day: 09:00-18:00/Monday-