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#988: Citizenship : Mihoko replies



From: mihoko tsunetomi <miho0087@yominet.ne.jp>

>From: Jedidiah Daudi Lyall <dlyall@cruzio.com>

>
>And I always understood that your nationality was determined by the country
>in which you are born, unless your non-citizen parent(s) by choice go and
>register you right quickly at the Embassy of their nationality.  <

     As a Japanese like most of us are, I have been quite ignorant about
this,
and feel awakened by the difficult situation  many Haitians are facing.
Japanese law is as follows just for your reference.

                                                  Mihoko

THE NATIONALITY LAW (Japan)

 The Nationality Law
  (Law No.147 of 1950, as amended by Law No.268 of 1952, Law No.45
 of 1984 and Law No.89 of 1993)

 (Purpose of this Law)
   Article 1. The conditions necessary for being a Japanese national
 shall be determined by the provisions of this Law.
 (Acquisition of nationality by birth)
   Article 2. A child shall, in any of the following cases, be a Japanese
 national:
    (1) When, at the time of its birth, the father or the mother is a
 Japanese national;
    (2) When the father who died prior to the birth of the child was a
 Japanese national at the time of his death;
    (3) When both parents are unknown or have no nationality in a
 case where the child is born in Japan.
 (Acquisition of nationality by legitimation)
   Article 3. A child (excluding a child who was once a Japanese
 national) under twenty years of age who has acquired the status of a
 legitimate child by reason of the marriage of its father and mother and
 their recognition, may acquire Japanese nationality by making notification
 to the Minister of Justice, if the father or mother who has effected the
 recognition was, at the time of the child's birth, a Japanese national and
 such father or mother is presently a Japanese national or was, at the time
 of his or her death, a Japanese national.
   2. A child who makes notification in accordance with the preceding
 paragraph shall acquire Japanese nationality at the time of the
 notification.
 (Naturalization)
   Article 4. A person who is not a Japanese national (hereinafter
 referred to as “an alien”) may acquire Japanese nationality by
 naturalization.
   2. The permission of the Minister of Justice shall be obtained for
 naturalization.
   Article 5. The Minister of Justice shall not permit the naturalization
 of an alien unless he or she fulfills all of the following conditions:
    (1) that he or she has domiciled in Japan for five years or more
 consecutively;
    (2) that he or she is twenty years of age or more and of full
 capacity according to the law of his or her home country;
    (3) that he or she is of upright conduct;
    (4) that he or she is able to secure a livelihood by one's own
 property or ability, or those of one's spouse or other relatives with whom
 one lives on common living expenses;
    (5) that he or she has no nationality, or the acquisition of
Japanese
 nationality will result in the loss of foreign nationality;
    (6) that he or she has never plotted or advocated, or formed or
 belonged to a political party or other organization which has plotted or
 advocated the overthrow of the Constitution of Japan or the Government
 existing thereunder, since the enforcement of the Constitution of Japan.
   2. 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.
   Article 6. The Minister of Justice may permit the naturalization of an
 alien notwithstanding that the alien does not fulfill the condition set
forth
 in item (1) of paragraph 1 of the last preceding Article, provided that
the
 said alien falls under any one of the following items, and is presently
 domiciled in Japan:
    (1) One who has had a domicile or residence in Japan for three
 consecutive years or more and who is the child of a person who was a
 Japanese national (excluding a child by adoption);
    (2) One who was born in Japan and who has had a domicile or
 residence in Japan for three consecutive years or more, or whose father
 or mother (excluding father and mother by adoption) was born in Japan;
    (3) One who has had a residence in Japan for ten consecutive years
 or more.
   Article 7. The Minister of Justice may permit the naturalization of an
 alien who is the spouse of a Japanese national notwithstanding that the
 said alien does not fulfill the conditions set forth in items (1) and (2)
of
 paragraph 1 of Article 5, if the said alien has had a domicile or
residence
 in Japan for three consecutive years or more and is presently domiciled
 in Japan. The same rule shall apply in the case where an alien who is the
 spouse of a Japanese national has been married with the Japanese
 national for three years or more and has had a domicile in Japan for one
 consecutive year or more.
   Article 8. The Minister of Justice may permit the naturalization of an
 alien notwithstanding that the alien does not fulfill the conditions set
 forth in items (1), (2) and (4) of paragraph 1 of Article 5, provided that
 the alien falls under any one of the following items:
    (1) One who is a child (excluding a child by adoption) of a
 Japanese national and has a domicile in Japan;
    (2) One who is a child by adoption of a Japanese national and has
 had a domicile in Japan for one consecutive year or more and was a
 minor according to the law of its native country at the time of the
 adoption;
    (3) One who has lost Japanese nationality (excluding one who has
 lost Japanese nationality after naturalization in Japan) and has a
domicile
 in Japan;
    (4) One who was born in Japan and has had no nationality since
 the time of birth, and has had a domicile in Japan for three consecutive
 years or more since then.
   Article 9. With respect to an alien who has rendered especially
 meritorious service to Japan, the Minister of Justice may, notwithstanding
 the provision of Article 5, paragraph 1, permit the naturalization of the
 alien with the approval of the Diet.
   Article 10. The Minister of Justice shall, when permitting
 naturalization, make an announcement to that effect by public notice in
 the Official Gazette.
   2. The naturalization shall come into effect as from the date of the
 public notice under the preceding paragraph.
 (Loss of nationality)
   Article 11. A Japanese national shall lose Japanese nationality when
 he or she acquires a foreign nationality by his or her own choice.
   2. A Japanese national having a foreign nationality shall lose
 Japanese nationality if he or she chooses the foreign nationality in
 accordance with the laws of the foreign country concerned.
   Article 12. 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).
   Article 13. A Japanese national having a foreign nationality may
 renounce Japanese nationality by making notification to the Minister of
 Justice.
   2. The person who made notification in accordance with the
 preceding paragraph shall lose Japanese nationality at the time of the
 notification.
 (Choice of nationalities)
   Article 14. A Japanese national having a foreign nationality shall
 choose either of the nationalities before he or she reaches twenty two
 years of age if he or she has acquired both nationalities on and before
the
 day when he or she reaches twenty years of age or, within two years
 after the day when he or she acquired the second nationality if he or she
 acquired such nationality after the day when he or she reached twenty
 years of age.
   2. Choice of Japanese nationality shall be made either by depriving
 himself or herself of the foreign nationality or by the declaration
 provided for in the Family Registration Law in which he or she swears
 that he or she chooses to be a Japanese national and that he or she
 renounces the foreign nationality (hereinafter referred to as
“declaration
 of choice ”).
   Article 15. The Minister of Justice may, by written notice, require a
 Japanese national having a foreign nationality who fails to choose
 Japanese nationality within the period prescribed in paragraph 1 of the
 last preceding Article to choose one of the nationalities he or she
 possesses.
   2. The notice provided for in the preceding paragraph may be made
 by means of announcement thereof in the Official Gazette, in the case
 where the person who is to receive the notice is missing or in any other
 circumstances where it is impossible to send the notice to the person
 concerned. In this case, the notice shall be deemed to reach the person
 concerned on the day following the day when the announcement is made
 in the Official Gazette.
   3. The person to whom the notice has been sent in accordance with
 the preceding two paragraphs shall lose Japanese nationality at the
 expiration of one month after the day he or she receives the notice,
 unless he or she chooses Japanese nationality within such period. This
 shall not, however, apply in the case where the person concerned is
 unable to choose Japanese nationality within such period due to a natural
 calamity or any other cause not imputable to him or her and he or she
 has made such choice within two weeks after he or she has become able
 to do so.
   Article 16. A Japanese national who has made the declaration of
 choice shall endeavour to deprive himself or herself of the foreign
 nationality.
   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.
   3. The hearing concerning the declaration under the last preceding
 paragraph shall be conducted publicly.
   4. The declaration provided for in paragraph 2 of this Article shall
be
 made by public notice in the Official Gazette.
   5. The person against whom the declaration has been made under
 paragraph 2 of this Article shall lose Japanese nationality on the day of
 the public notice under the last preceding paragraph.
 (Reacquisition of nationality)
   Article 17. A person under twenty years of age who has lost Japanese
 nationality in accordance with Article 12 may reacquire Japanese
 nationality by making notification to the Minister of Justice if he or she
 has a domicile in Japan.
   2. A person who has received a notice under paragraph 2 of Article
 15 and has lost Japanese nationality under paragraph 3 of the said Article
 may reacquire Japanese nationality by making notification to the Minister
 of Justice within one year after he or she has become aware of the fact
 that he or she has lost Japanese nationality, if he or she fulfills the
 condition set forth in item (5) of paragraph 1 of Article 5. However, in
 the case where he or she is unable to make notification within the period
 due to natural calamity or any other cause not imputable to him or her,
 such period shall be one month after he or she becomes able to do so.
   3. The person who has made notification in accordance with the
 preceding two paragraphs shall acquire Japanese nationality at the time of
 the notification.
 (Notification, etc., by legal representative)
   Article 18. In the case where the person who intends to acquire,
 choose or renounce nationality is under fifteen years of age, notification
 of the acquisition of nationality under Article 3, paragraph 1 or Article
 17, paragraph 1, the application for naturalization permission, the
 declaration of choice or the notification of renunciation of nationality
 shall be made by the person's legal representative on his or her behalf.
 (Ministerial ordinance)
   Article 19. Except as provided for in this Law, the procedures
 concerning the acquisition or renunciation of nationality as well as other
 rules necessary to enforce this Law shall be prescribed in the Ordinance
 of the Ministry of Justice.