Understanding Nationality and the Three Methods of Acquiring Nationality in Japan

What is Nationality?

• In order for a nation to be established, the following elements are essential: citizens, territory, and government (depending on the definition, a fourth element may be added: diplomatic power with other countries). Nationality is a legal concept that establishes an individual’s affiliation with a specific country. It is a fundamental aspect of a nation and typically involves a legal link between a person and a particular country. (If you have a passport, you will see a column for Nationality, and the country listed there indicates the person’s nationality.)
• Different countries have varying criteria for recognizing individuals as their nationals. The concept of nationality is shaped by a country’s historical, cultural, political, and economic factors, among others.
• Each country is responsible for defining its own rules and regulations regarding nationality. Japan, for instance, outlines the causes of acquiring and losing Japanese nationality in its Nationality Act.

Procedures for Acquiring or Losing Nationality

• Specific procedures for acquiring or losing Japanese nationality can be conducted at the Legal Affairs Bureau or District Legal Affairs Bureau corresponding to one’s place of residence. Japanese diplomatic establishments such as embassies or consulates can also assist with these processes.
• Individuals with a registered address in Japan can seek guidance and support from the Legal Affairs Bureau or District Legal Affairs Bureau in their jurisdiction regarding nationality-related matters. Those who reside outside of Japan can be assisted with the procedures they need at a Japanese diplomatic establishment (Japanese embassy or Japanese consulate).

How to Obtain Japanese Citizenship

There are three primary methods to acquire Japanese citizenship: birth, notification, and naturalization, which is provided by Article 2 of the Nationality Act:

(1) Birth: Acquisition by birth is the most common way to obtain Japanese nationality. It occurs in various scenarios, including when one of the parents is a Japanese citizen at the time of birth, when the father (who was a Japanese citizen) passes away before the child’s birth, or when a person is born in Japan with unknown or stateless parents.

(2) Notification: This method involves acquiring Japanese nationality by submitting a notification to the Minister of Justice, provided certain requirements are met. It includes cases such as the acquisition of nationality by a recognized child, acquisition by a person who has not reserved nationality, and other special cases. “Reservation of nationality” is a critical concept here, as failure to declare an intention to reserve Japanese nationality within a specified period can result in the retroactive loss of Japanese nationality. (Nationality Act Article 12, Family Registration Law Article 104). In order to prevent a child from losing Japanese nationality, notification of the reservation of nationality must be made.

(3) Naturalization: Naturalization, governed by Articles 4 through 9 of the Nationality Act, allows foreign nationals to become Japanese citizens by expressing their desire to acquire Japanese nationality and obtaining permission from the Minister of Justice. Once naturalized, individuals become Japanese citizens and can reside in Japan without the need for a separate status of residence.