Nationality Q&A
Nationality is the status of being a national of a particular country.
In order for a nation to exist, as well as the territory, the presence of people is essential, so the concept of nationality can be found in any country. However, the range of persons to be recognized as nationals depends on the history, tradition, politics, and economic situation of the country; each country determines who its nationals are. Because of this, no country may decide whether an individual has the nationality of another country.
In Japan, The Japanese Nationality Act (Law No. 147 of 1950) defines the requirements for acquisition and loss of Japanese nationality.
Specific procedures and consultation regarding the acquisition and loss of Japanese nationality are dealt with below.
Legal Affairs Bureau or Regional Bureau of Legal Affairs that has jurisdiction
Japanese embassies and consulates in foreign countries
Legal Affairs Bureau or Regional Bureau of Legal Affairs that has jurisdiction
Japanese nationality can be acquired in three ways: birth, notification, and naturalization.
Acquisition of nationality by notification is a system where those who meet certain requirements acquire Japanese nationality by notifying the Minister of Justice.
Naturalization is a system that gives Japanese nationality, with the permission of the Minister of Justice, to those who wish to acquire Japanese nationality.
A child shall, in any of the following three cases, be a Japanese national (Article 2 of the Japanese Nationality Act).
The terms “Father” and “mother” refer to any father or mother who has a legal parent-child relationship with the child at the time of birth. In addition, this legal parent-child relationship must be established when the child is born.
Therefore, for a child born between a unmarried Japanese father and a foreign-national mother, if the Japanese father acknowledges the child while it is in the mother's womb (fetal acknowledgement), the child will acquire Japanese nationality upon birth. However, if the Japanese father acknowledges the child after it is born, there was no legal parent-child relationship at the time of birth, meaning in principle that Japanese nationality is not acquired upon birth.
However, if such a child is acknowledged by the father, the child can acquire Japanese nationality by notifying the Minister of Justice as long as certain requirements are met(see Q6).
Even if the child of a Japanese couple is born abroad, the child will acquire Japanese nationality upon birth.
However, if a child born abroad acquires Japanese nationality as well as a foreign nationality upon birth, if his/her father or mother does not indicate an intention to retain his/her Japanese nationality (notification of reservation of Japanese nationality) with the notification of birth within three months from the date of birth, the child will lose their Japanese nationality retroactively from the time of birth (Article 12 of the Japanese Nationality Act, Article 104 of the Family Register Act).
If the child is born abroad, he/she may acquire both Japanese nationality and a foreign nationality at the same time as Japanese nationality. In this case, in order for the child to continue having Japanese nationality, the father or mother must indicate an intention to retain Japanese nationality.
In addition, a child who has lost his/her Japanese nationality because there was no indication of the intention to retain his/her Japanese nationality can reacquire their Japanese nationality by notifying the Minister of Justice as long as certain requirements are met (see Q6).
Japanese nationality can be acquired in any of the following cases.
A child born before the marriage of a Japanese father and a foreign mother in principle will not acquire Japanese nationality upon birth, except when the child is acknowledged by the father.
However, if the child is acknowledged by the father after birth, the child can acquire Japanese nationality by notifying the Minister of Justice if the following requirements are met.
(From April 1, 2022, the person is under 18 years of age at the time of the notification;)
(When the father who made the acknowledgement was a Japanese national at the time of his death);
*With the revision of Article 3 of the Japanese Nationality Act (effective on January 1, 2009), Japanese nationality can be acquired after birth by making a notification even if the parents are not married if they are acknowledged as Japanese.
A notification of intention to retain Japanese nationality must be made along with the notification of birth for a child born abroad who acquired a foreign nationality and Japanese nationality upon birth, or they will lose their Japanese nationality retroactively as of the time of birth.
However, a child who has lost Japanese nationality due to not retaining their Japanese nationality can reacquire their Japanese nationality by notifying the Minister of Justice if the following requirements are met.
(From April 1, 2022, the person is under 18 years of age at the time of the notification)
This means that their place of residence is in Japan at the time of the notification (Those staying temporarily in Japan for sightseeing or visiting relatives are not acknowledged as having an address in Japan).
In addition to 1 and 2 above, there are cases such as reacquisition by those who lose their nationality by notification in the Official Gazette (Article 17, Paragraph 2 of the Japanese Nationality Act).
In addition, those who have filed a notification of acquisition of Japanese nationality will acquire Japanese nationality at the time of the notification as long as they have met the requirements for acquisition and the notification has been done properly (Article 3, Paragraph 2 and Article 17, Paragraph 3 of the Japanese Nationality Act).
The person (when the person is under 15 years of age, their parents or legal representative) must go to where they will submit the notification, attach documents that prove that they have met the requirements for acquiring Japanese nationality, and make a notification in writing.
For detailed procedures on the attached documents, please contact the Legal Affairs Bureau, Regional Bureau of Legal Affairs or a Japanese embassy or consulate in a foreign country.
Legal Affairs Bureau or Regional Bureau of Legal Affairs that has jurisdiction
Japanese embassies and consulates in foreign countries
Naturalization is a process that confers nationality upon those who are not nationals and wish to acquire nationality. In Japan, the permission for naturalization is under the authority of the Minister of Justice (Article 4 of the Japanese Nationality Act).
If the Minister of Justice permits the naturalization of an individual, this will be announced in the Official Gazette. Naturalization takes effect on the day of the notification (Article 10 of the Japanese Nationality Act).
The general conditions for naturalization are as follows (Article 5 of the Japanese Nationality Act).
The person must have been domiciled in Japan for five years or more consecutively and must have had a valid status of residence throughout the prescribed period of time.
The person must be 20 years of age or more, and of full capacity to act according to the law of his/her home country.
(From April 1, 2022, the person must be 18 years of age or more, and of full capacity to act according to the law of his/her home country.)
The person must be of upright conduct. The determination of conduct will be based on social conventions with ordinary individuals as the standard, considering the existence of a criminal record, their tax payment status and whether they have disturbed society.
The person must be able to secure a livelihood in Japan. This condition will be judged on the basis of a family unit to make a living. Even if an applicant does not have an income, if a secure livelihood can be ensured through the property or skills of their spouse or relatives, this condition will be met.
Those who wish to be naturalized must either have no nationality or, in principle, lose their nationality by naturalization. As an exception, in cases where the nationality of the country cannot be lost regardless of the intention of the person, naturalization may be permitted even if this condition is not met (Article 5, Paragraph 2 of the Japanese Nationality Act).
Those who have themselves or have formed or belong to an organization plotting or advocating the overthrow of the Japanese government will not be given permission to naturalize.
In addition, some of the above naturalization conditions have been relaxed for foreign nationals (those born in Japan, or who have a Japanese spouse, Japanese child or once had Japanese nationality) who have a special relationship with Japan (Article 6 through Article 8 of the Japanese Nationality Act).
The person (when the person is under 15 years of age, their parents or legal representative) must go in person to where they will submit the application, and apply in writing. They must also attach documents that prove they have met the necessary conditions to naturalize. If naturalization is permitted, they must submit documents that prove family relationships to create a family register.
Please see Q11 for the main documents necessary to apply for naturalization.
Legal Affairs Bureau or Regional Bureau of Legal Affairs that has jurisdiction
The following are the main documents required to apply for naturalization permission.
In principle, documents that prove nationality and family relationships that are issued by a government official must be submitted.
The necessary documents differ depending on the applicant’s nationality, family relationships and occupation. Please consult with the Legal Affairs Bureau or Regional Bureau of Legal Affairs before applying.
Japanese nationality is lost in any of the following cases.
Japanese nationality will be automatically lost if a foreign nationality is acquired by the individual’s choice, for example, through naturalization in a foreign country.
Those with both Japanese and foreign nationality will automatically lose their Japanese nationality when they choose a foreign nationality in accordance with the laws of a foreign country.
Those with both Japanese and foreign nationality will lose their Japanese nationality when they renounce their Japanese nationality by making a notification to the Minister of Justice (see Q13).
A notification of intention to retain Japanese nationality must be made along with the notification of birth for a child born abroad who acquired a foreign nationality and Japanese nationality upon birth, or they will lose their Japanese nationality retroactively as of the time of birth (see Q14).
In addition, those who have lost their Japanese nationality due to the failure to declare their intention to retain it can reacquire their Japanese nationality by notifying the Minister of Justice if they are under 20 years of age and have an address in Japan (see Q6).
The person (when the person is under 15 years of age, their parents or legal representative) must go in person to where he or she will submit the notification, attach documents that prove that the requirements for renouncing Japanese nationality have been met, and submit the notification in writing.
For detailed procedures on the attached documents, please contact the Legal Affairs Bureau, Regional Bureau of Legal Affairs or a Japanese embassy or consulate in a foreign country.
Legal Affairs Bureau or Regional Bureau of Legal Affairs that has jurisdiction
Japanese embassies and consulates in foreign countries
In addition, those who have filed a notification of renunciation of Japanese nationality will lose Japanese nationality at the time of the notification as long as they have met the requirements for renunciation and the notification has been done properly (Article 13, Paragraph 2 of the Japanese Nationality Act).
Where a child born abroad acquires a foreign nationality and Japanese nationality upon birth, if the child’s father or mother does not indicate an intention to retain the child’s Japanese nationality within the prescribed period of time, the child will lose Japanese nationality retroactively as of the time of birth (Article 12 of the Japanese Nationality Act, Article 104 of the Family Register Act).
In order for the child not to lose Japanese nationality, the following procedures must be done to retain nationality.
Method of notification
The father, mother or legal representative must make a notification within three months from the date of birth of the child and indicate an intention to retain Japanese nationality. The notification of birth must specifically state the intention to retain of Japanese nationality.
Notifications must be submitted to the Japanese embassy or consulates in a foreign country or to the appropriate municipal office in Japan
In addition, those who have lost their Japanese nationality because their father or mother did not indicate an intention to retain their Japanese nationality can reacquire their Japanese nationality by notifying the Minister of Justice if they are under 20 years of age and have an address in Japan (see Q6).
(From April 1, 2022, those who have lost their Japanese nationality because their father or mother did not indicate an intention to retain their Japanese nationality can reacquire their Japanese nationality by notifying the Minister of Justice if they are under 18 years of age and have an address in Japan.)
Those born in a foreign country, or those whose father or mother is a foreign national, may possess multiple nationality.
Those with multiple nationality are asked to choose either Japanese or an eligible foreign nationality by the prescribed time limit. This decision is called the choice of nationality.
It is necessary to choose nationality because those with multiple nationalities are associated with two or more countries and (a.) diplomatic conflicts may arise from competing rights or obligations from each respective country or (b.) because they are registered as different people in each country, a person with multiple nationality might marry and raise a family in each country, which would undermine the family relationships in each country.
Those with multiple nationality must choose their nationality when they reach 22 years of age if they became a multiple national before 20 years of age, or within two years of becoming a multiple national at the age of 20 years or more. (From April 1, 2022, those with multiple nationality must choose their nationality when they reach 20 years of age if they became a multiple national before 18 years of age, or within two years of becoming a multiple national at the age of 18 years or more.)
If the choice of nationality is not made within this time limit, the multiple national will be requested by the Minister of Justice to choose a nationality, and the multiple national may lose Japanese nationality in some cases.
General examples of multiple nationality include the following.
However, legal systems in the foreign country may have changed. To confirm the legal system of a foreign country, please contact the foreign government or foreign government office in Japan. In addition, the possession of nationality will be made by each country, as the determination of nationality is the exclusive right of the country. Therefore, please contact the foreign government or the foreign government office in Japan.
Nationality can be chosen as follows.
Those with both Japanese and foreign nationality can renounce their Japanese nationality by notifying the Minister of Justice.
When the nationality selection system of the foreign country is similar to that of Japan, Japanese nationality will be lost if the nationality of that country is chosen in accordance with the laws of the foreign country.
Japanese nationality will be the sole nationality to be retained when all other nationalities have been renounced in accordance with the laws of each relevant foreign country.
This is done by notifying a municipal office or a Japanese embassy or consulate in a foreign country of the choice of Japanese nationality and renunciation of the foreign nationality.
By making a declaration Japanese nationality, the obligation to choose Japanese nationality under Article 14, Paragraph 1 of the Japanese Nationality Act will be fulfilled. However, whether the foreign nationality will actually be lost through the declaration depends on the system of the foreign country. If the person is a national of a foreign country with a legal system where they do not lose nationality through this declaration, they must endeavor to renounce their foreign nationality (Article 16, Paragraph 1 of the Japanese Nationality Act). Please contact the relevant foreign government or foreign government office in Japan for renunciation procedures.
Furthermore, please submit to a municipal office or a Japanese embassy or consulate in a foreign country a notification of loss of foreign nationality if foreign nationality is lost, or a notification of loss of Japanese nationality if the foreign nationality is chosen in accordance with the laws of the foreign country (Article 106 and Article 103 of the Family Register Act).