Japan is home to people with various nationalities. When foreign nationals have been living in Japan for an extended period and wish to make Japan their permanent home, they have the option to acquire Japanese citizenship through a process known as ‘naturalization.’
On the other hand, for foreign individuals who want to reside in Japan as their primary place of living but wish to retain their original nationality, the ‘permanent residency’ (‘永住’) application is an alternative choice.
In this blog post, we will provide a brief overview of the ‘naturalization system’ in Japan.
Understanding Naturalization in Japan
Naturalization is a process where a foreign national expresses their desire to obtain Japanese citizenship, and the country, upon approval, grants them this nationality. In Japan, the authority to decide on naturalization lies with the Minister of Justice, as outlined in Article 4 of the Nationality Law.
When the Minister of Justice approves naturalization, this decision is published in the Official Gazette. From the date of publication in the Official Gazette, the naturalization becomes legally effective, in accordance with Article 10 of the Nationality Law.
It’s important to note that naturalization is distinct from other types of residency statuses. Unlike immigration procedures, which fall under the jurisdiction of immigration services, naturalization is handled by the legal affairs bureaus. This is a critical aspect to be aware of for those considering applying for Japanese citizenship.
The Number of Naturalization Approvals
According to data released by the Ministry of Justice, in the fiscal year 2022 (Reiwa 4), there were approximately 9,000 naturalization applications, with about 7,000 approvals granted. It’s worth noting that the naturalization application process is said to take around one year for review, so many of the approvals from the fiscal year 2022 likely originated from applications submitted prior to 2022.
Nevertheless, when we look at the past seven years, there has been an average of 10,000 applications per year, and the average number of denials has been around 700 each year. This suggests that if your naturalization application is accepted, there’s a relatively high probability that it will be approved.
Tracking the Trends in Permanent Residency Applications and Approvals
Data Processed by the Administrative Scrivener Office of Mitsuo Nakamura, Ministry of Justice
Requirements for Naturalization
Whether or not naturalization is granted depends on the assessment carried out by the Immigration Office. The Ministry of Justice has stated that there are ‘no fixed criteria’ and ‘no standard processing period’ for naturalization applications.
Article 5 of the Nationality Act outlines the ‘general requirements for naturalization,’ but even if these conditions are met, it does not guarantee approval. These conditions set the minimum requirements for becoming a naturalized citizen of Japan.
- Residency Requirement (Article 5, Paragraph 1, Item 1 of the Nationality Act)
To apply for naturalization, you must have resided continuously in Japan for five years or more until the time of application. Your residence must also be legal, meaning you must have a valid residence status. - Capacity Requirement (Article 5, Paragraph 1, Item 2 of the Nationality Act)
You must be at least 18 years old and have reached the age of majority according to the laws of your home country. - Conduct Requirement (Article 5, Paragraph 1, Item 3 of the Nationality Act)
Good conduct is required for naturalization. This is assessed by considering factors such as criminal history, behavior, tax compliance, and any societal disruptions. It is judged based on common social norms and standards. - Livelihood Requirement (Article 5, Paragraph 1, Item 4 of the Nationality Act)
You must be able to support yourself and live in Japan without facing financial difficulties. This requirement is evaluated on a family unit basis, so even if you, as the applicant, have no income, as long as your spouse or other relatives have the means or skills to ensure a stable livelihood, this condition may be met. - Prevention of Multiple Nationalities Requirement (Article 5, Paragraph 1, Item 5 of the Nationality Act)
Those seeking naturalization must generally renounce their previous nationalities or become stateless. However, there are exceptions, and in cases where it is impossible for the individual to renounce their previous nationality due to personal reasons, naturalization may still be permitted (Article 5, Paragraph 2 of the Nationality Act). - Constitution Adherence Requirement (Article 5, Paragraph 1, Item 6 of the Nationality Act) Individuals who attempt to overthrow or advocate the violent destruction of the Japanese government or those who belong to or establish such groups will not be granted naturalization.
Additionally, applicants for naturalization must demonstrate a certain level of proficiency in the Japanese language. This is crucial for smooth communication in daily life and legal procedures.
Benefits of Naturalization Compared to Permanent Residency
The advantages of naturalization become clearer when compared to permanent residency.
- No need for residence status procedures. ⇔ Permanent residency requires “card renewals” and “re-entry procedures.”
- The right to participate in politics (voting and running for office) can be obtained. ⇔ Permanent residents do not have political rights.
- Access to the family register is possible. ⇔ Permanent residents cannot access the family register.
- Japanese citizenship can be acquired. ⇔ Permanent residency does not change one’s nationality.
- No risk of deportation. ⇔ Permanent residents may face the possibility of deportation.
Furthermore, in the actual application process, naturalization has more lenient requirements compared to permanent residency, especially when it comes to financial requirements and obligations related to social insurance and taxes. For permanent residency, a consistently high income for five consecutive years is necessary, and any delay in social insurance or tax payments for two years is not permitted. On the other hand, naturalization assesses income based on the most recent year and allows for delays in payments as long as they are not outstanding. It can be said that naturalization offers more relaxed conditions.
Conclusion
Naturalization comes with specific requirements and procedures, along with legal constraints such as renouncing foreign citizenship. Therefore, when considering naturalization, it’s essential to consult with the Immigration Office or a legal professional like a certified administrative scrivener. It’s crucial to evaluate options that align with your individual circumstances and goals. Gathering information about naturalization and making an informed decision after careful consideration is of utmost importance.
This article was authored by Administrative Scrivener Mitsuo Nakamura, who specializes in residence permits, permanent residency, and naturalization. The initial consultation is free of charge. Please feel free to get in touch with us at:
Email: info@nakamura-gyosei.biz
Website: https://nakamura-gyosei.biz/ https://nakamura-gyosei.biz/english.html
Address: 2-35-12Igusa, Suginami-ku, Tokyo, Japan
Phone: 03-6356-3571
Affiliated with Tokyo Administrative Scrivener Association No. 22082218
Qualified as a Liaison for Immigration and Residency Affairs with the Immigration and Residency Administration Agency.
