NOTE: This is a thing even if you’ve never heard about it before, even if you think it’s unfair, even if it’s not very frequent, and even if it doesn’t apply to your country of origin. Please reply only with facts if you’ve been in this situation or if you personally know someone who has.
I’m looking to apply for naturalization next year when I fulfill the 5-year residency requirement. I fulfill all others already.
My country’s citizenship is unrenouceable by law, as is the case for some other countries as well, and in such cases Japan makes an exception. If you prove you “made an effort to renounce your previous citizenship”, they’ll consider it enough and this won’t disqualify you from naturalizing Japanese.
Now – how do you prove that? What do you submit with your application?
9 comments
Japan gives double citizenship in cases if the first one is irrevokable. They usually have information on such laws in all countries. If it is not the case, you will probably asked to submit a translation of a specific law.
I googled unrevokable citizenships and I imagine Japan is aware of which counties since it is a handful.
The Naturalization officer would probably tell you what you need to do, thinking about Japanese bureaucracy, it’s probably like writing an essay or something.
Japan is aware of countries like Argentina where citizenship cannot be renounced and various countries without properly functioning governments where renouncing citizenship is in theory possible but in practice impracticable.
In the future if the law in Argentina changes then you would be expected to renounce. Likewise if you are from somewhere without a functioning government, you would be expected to renounce once it becomes practical to do so.
All of this would be discussed early in the application process. Probably in your first interview.
Technically the ability to bypass Article 5 paragraph 1 (item5) I.e the requirement for one to deprive themselves of their other nationality pre/post naturalization does not guarantee naturalization, unless you have, what the MOJ deem as “exceptional circumstances in his or her family relationship with a Japanese national, or other circumstances”.
(Article 5 paragraph 2 of the nationality act states)
>When an alien is, regardless of his or her intention, unable to deprive himself or herself of his or her current nationality, the Minister of Justice may permit the naturalization of the alien, notwithstanding that the alien does not fulfill the conditions set forth in item (5) of the preceding paragraph, if the Minister of Justice finds exceptional circumstances in his or her family relationship with a Japanese national, or other circumstances.
https://www.moj.go.jp/ENGLISH/information/tnl-01.html
Keep in mind I’m only quoting the law. There maybe anecdotal cases of people with very little robust relationship to Japan (such as not married to a Japanese national) and still naturalized via Article 5 paragraph 2
So by being unable to meet the criteria of article 5 paragraph 1(item 5)…. Because you’re unable to renounce, you’re actually at a disadvantage, because your naturalization application will have even more scrutiny.
Additionally, should the MOJ permit it as per Article 5 paragraph 2. Then you will need to make your Article 14 “declaration of choice”.
Making the declaration of choice and choosing Japan could lead to different treatment in the country you used to consider your “home country” (countryX) because the Article 14 declaration of choice is essentially like an oath to Japan. So they (countryX) might consider you a traitor, even if you cannot renounce citizenship.
Some countries don’t care if one makes a declaration of choice, but others do.
Additionally, it’s very important to note. International law prevents Japan from making people stateless. So they cannot revoke Japanese nationality, should the individual have no other nationality, or have no other claim to another nationality I.e meaning Japan could revoke your Japanese nationality should they have a reason to.
I think, for the most part, if you submit your application you should just be fine.
If you have a citizenship that can’t be revoked, there is an article that already accounts for that and I think you should be fine.
Personally though, would say consult a lawyer to be safe.
They will talk to you about that kinda stuff once you make an appointment. Giving up ones current citizenship(s) is a later step.
I know an American who recently naturalized and didn’t renounce US citizenship.
MoJ knows, you dont have to proove anything. you just sign an extra paper saying you wont do anything that is exclusive for citizens of another country (like running for office or so)
I’m jealous