Recently renewed Japanese passport and now have some follow-up questions

3 comments

1. Firstly as per Article 14 of the ‘Nationality Law’ have you made your “Declaration of choice”? At age 20?

   The process for those born dual by jus sanguinis (i.e to a Japanese parent and a foreign parent) to keep their Japanese citizenship is to make their “declaration of choice” at age 20, and “choose” to be Japanese, and then “strive” to renounce their other citizenship/s.

   Then “as it stands” The MOJ is very unlikely to revoke your Japanese citizenship as long as you don’t violate Article 16 paragraph 2 of the ‘Nationality Act’:

   *”2. In the case where a Japanese national who has made the declaration of choice but still possesses a foreign nationality has voluntarily taken public office in the foreign country (excluding an office which a person not having the nationality of such country is able to take), the Minister of Justice may declare that he or she shall lose Japanese nationality if the Minister finds that taking such public office would substantially contradict his or her choice of Japanese nationality.“*

   (That said, I personally believe Japan getting brought into conflict by default via China invading Taiwan, could cause The MOJ to purge any dual nationals who “chose” to be Japanese via their “declaration of choice” but never even tried to “strive” to renounce their other citizenship/s. Because I think one of the main reasons Japan does not allow dual citizenship is because of war time mentality/war time loyalty. Which I mean is somewhat fair enough because Asia is a very high tension part of the world. Although disclaimer that is just my theory so not factual)

   Anyway, assuming you have followed the nationality law correctly via making your declaration of choice and choosing Japanese, “as it stands” you should be all legitimate with your dual nationality as you were born dual I.e no naturalization.

   As for your questions:

   1) As your child was born outside Japan then Article 12 of the Nationality Law applies:

   *”A Japanese national who was born in a foreign country and has acquired a foreign nationality by birth shall lose Japanese nationality retroactively as from the time of birth, unless the Japanese national clearly indicates his or her volition to reserve Japanese nationality according to the provisions of the Family Registration Law (Law No.224 of 1947).”*

   The time limit set forth to do that, as you’re aware is 3 months, and I believe it’s quite strict. As mentioned here:

   *”Birthright citizenship allows a person born in the U.S. to acquire U.S. citizenship automatically. To reserve Japanese citizenship for a child, the Japanese father or mother must sign next to “will reserve Japanese citizenship (日本国籍を留保する)” on the Birth Report Form. The Birth Registration must be submitted within 3 months of the child’s birthdate (E.g., If born on March 10th, must be submitted by June 9th.) We cannot accept Birth Registrations after the 3 month deadline.”*

   https://www.la.us.emb-japan.go.jp/itpr_en/m02_04_01.htm

   Best speak with your consulate or municipality of which your Koseki is registered to there.

   However, I believe your child can re-acquire Japanese nationality (see Article 3 and Article 17) however, that May count as a naturalization to Japan, meaning they would have to renounce their other citizenship/s. (Again speak to you consulate about that)

   Nationality Law here: https://www.moj.go.jp/ENGLISH/information/tnl-01.html

   For taxes you don’t owe Japan any taxes unless you’re a tax resident of Japan. However, because you’re a US citizen then the Us taxes its citizens worldwide. So If you move to Japan you need to be mindful of US taxes, FBAR and if you invest in stocks etc then PFICs.

   US citizenship is actually a pretty bad citizenship to own… unless you live and a retire in the US.

   (Edit: you may owe inheritance tax/gift tax to Japan if you inherit over ¥30 million/receive over ¥1.1 million Japan located assets/cash or inherit/receive from an “Unlimited tax payer” of Japan.)

2. They make it really hard to pass on citizenship, if you don’t give birth in Japan. Yes technically you had the first 3 months to submit the birth registration at the consulate, but you also needed to submit your Japanese passport and appropriate visa abroad. I’m sorry for the bad news!

3. Did you enter your SEA home on your Japanese passport, using a visa in your Japanese passport? If you did everything will be so much easier.

   There are plenty of people that keep both nationalities off the books but by letting your passport expire instead of going back to Japan while it’s valid and getting it replaced there you’re making life hard for yourself. If you enter Japan on the US passport to replace the passport in Japan you’re making a declaration of your US citizenship, if you do it abroad you’re again going to cause questions to be asked. If you try to get emergency travel documents to re-enter Japan, again, questions. This is all on top of trying to get your child registered. If you want what you state you need to actually treat your paperwork seriously or you’re going to lose all your rights to everything.

   Tax obligations when abroad are an American thing. You only need to keep them up to date in the US I believe.

   Anyway, the real answer here is from Karlbert86, the rest of us are just speculating.