I plan to talk to a lawyer at some point but I figured why not get some community input to help me understand the context of everything…here goes.
Background:
I’m an American that has been living in Japan for the better part of 11 years. For what it’s worth, I have spent my entire adult life in Japan.
In a state of uncertainty about where I wanted my life to go (and a curiosity to see if I could make it in USA), I returned to the states for 13 months. It didn’t work out, so I returned to Japan. For several reasons, I decided that living in the USA again will never be an option for me.
I recently re-crossed the 5 year threshold and have started to look into Japanese naturalization. I have a seishaiin position, make significantly more than others in my industry, a healthy social life and hobbies, and at this point I want to take the final step in completely securing my life in Japan.
I don’t plan on getting married, so a fast track to permanent residency is not an option. I could wait another 5 years and eventually get permanent residency but a lot could change between then and now (work style changes, a desire to move, an interest in other jobs / side gigs outside of my industry, etc) so I want to secure everything now. But I don’t want to make this post about the pros and cons of naturalization, I just want to look practically at some concerns.
Concerns: I have no family in Japan. My family in America raised some valid concerns about power of attorney in case, for example, I become incapacitated in a way where I can’t make my own decisions (will they be notified/ recognized as family?), if I die (will my family be notified, will my family be able to receive my remains?).
Also what about making a will and testament that would be recognized in both Japan and the United States?
8 comments
Have you looked into getting PR via the HSP route?
You mentioned 11 years being your whole adult life, so I presume you are late 20s early 30s. Living 11 years in Japan likely means you should have or be able to pass JLPT N1 or at least N2 by now. You mentioned no family in Japan so I guess work visa and you have a college degree. Combined with more than 7 YOE, that’s already 50~55 pts, so you should be able to reach 70~80 pts and get PR via HSP with an annual income around 6~7M.
>I don’t plan on getting married, so a fast track to permanent residency is not an option
If you’ve been in Japan for 11 years you already qualify via for PR the 10 year route
Edit: that is assuming you had “consecutive residency” for 10 years.
I’m following this as well. Won’t have any family left in the US in the near future, most likely won’t have a family here either. Future looks grim and don’t have a clue how to set things up for it to be less grim.
11years living in Japan is not enough reason to give up your own nationality. I’ve been living here in Japan for 27yrs, but never thought of naturalization. Aside from being Mendokusai to get a lot of papers, I’m thinking I might change my mind in the future and I don’want to be a visiting tourist in my own country. PR is enough, you get the same privileges. And besides, naturalization can never erase the fact that you’re still a foreigner in this country.
It seems like people are discussing the pros and cons of naturalizing a lot, but not answering your questions.
In terms of power of attorney, it might be wise to fill out this paperwork and choose someone in advance. I don’t think this is a matter of nationality so much as preparation.
In terms of contacts, I’m honestly not sure how this would work for anyone who isn’t married, so I’m not really confident, but if nothing else, having someone close to you agree to notify your family seems like a sensible step.
For your remains and will, I think that’s the easiest. Just a matter of actually writing the will and getting it signed.
Since you’ve been living in Japan for 11 years, why not apply for PR? You don’t need to get married to do that. It seems way easier that trying for naturalization.
Also, given that we don’t know what the future holds, even if you don’t see yourself going back to the US, I would reconsider throwing the nationality away.
Regarding power of attorney, your consulate/embassy likely has a service that can answer those questions.
After searching for something similar in the past,
1) i found that the power of attorney concept exists in Japan and received lawyer/company contacts via my insurance consultant (I did not follow up, and received local info, I think you are Fukuoka based? so I cannot help with what I got.)
2) i found that the concept of assigning a company AS power of attorney is a foreign concept here (no surprise, looking at you guarantor-system)
So, unless you have a specific person (in Japan) in mind to assign your power of attorney to, you are best to leave it alone. [I did not look further into this, but assignment makes no sense to an internaional level when the assigned person cannot speak Japanese or afford flight and translator instantly? so I guess out of the Japanese companies that my consultant gave me, few or none will accept a foreign submission. I think, us alone living foreigners have to resign our fate to the competence and foresight of the doctors/nurses in question when it happens.]
Also, I am under the impression that Japan will – in the case of a foreigner death – hand it over to the respective embassy (considering e.g. the family of the young Sri Lankian women who died in detention, the family was involved after her death and had to come to Japan, then they learnt the details and contacted the public…) and they will contact whoever you provided as contacts/family.
(of course anyone welcome to correct me if they know more. commenting to see if something more comes up. )
Regarding will in Japan AND US, I dont know, but in Japan will submission has been reported on this sub a couple of times. Have you searched? Then, again if you want your stuff to go to your family, should you not rather research how the US handles external deaths and how to submit a will in the US while being an expat?
Hey, growing old unmarried in Japan with the family at home bros, high five. I guess.
But I would also say, try to see if you can get PR with the point system, it is much easier now and I got mine after living here 3 years.