What is a "Japanese" in view of the law? Is anyone born in Japan
a Japanese? Is one born between Japanese parents a Japanese? Are Konishiki and
Ramos Japanese?
Nationality and nation are two different things. Nationality is defined by the
law of each country ( Nationality Law). It defines the legal relationship between
a person and country. Most people have a nationality; that is they are affiliated
to one country. Whereas, a nation is a group of people who share a common culture,
language, religion, history, etc..
Speaking of Japan, in what cases can one acquire Japanese nationality? It is
considered that one has Japanese nationality when he/she comes under any one
of the below cases:
(1) Either one of the parents is a Japanese national at the time of the child's
birth.
(2) If the father was dead when the child was born but was a Japanese national
at the time of death.
*In both cases of the above, it is necessary for an illegitimate child whose
parents are not legally married that the father's recognition be made prior
to the child's birth. Also, when the child is born in a foreign country, he/she
cannot obtain Japanese nationality unless the Notice of Postponing Nationality
Selection (Kokuseki Ryuho Todoke) is made along with the Report of aÅ@Birth
(Shussei Todoke) within three months after its birth.
(3) When the child is born in Japan but both of the parents are unknown or do
not have Japanese nationality.
(4) In the case of an illegitimate child whose parents are not legally married,
he/she can acquire Japanese nationality by an making application before reaching
twenty years of age after the parents marry legally and recognize the child
as theirs.
(5) A foreigner above twenty years old and living in Japan for more than five
successive years can naturalize him/her-self by obtaining permission from the
Minister of Justice. If the person has children (under-20 years), they must
also be naturalized in this case. In the case of the spouse of a Japanese, the
period required for living in Japan is more than three continuous years.
Even if Japanese nationality is obtained under any of the above situations while
holding another nationality (dual nationality), one nationality must be chosen.
If one wants to continue to hold Japanese nationality, a Notice of Japanese
Nationality Selection (Nihon Kokuseki Sentaku Todoke) must be submitted at the
Family Registry Section (Koseki gakari) at the local government office of the
village, town or city where registered. The term for submission for those who
hold dual nationality prior to 20 years of age is until they are 22 years, or
within 2 years for those who obtain dual nationality after 20 years of age.
On submitting a Notice of Japanese Nationality Selection one is obliged to renounce
the other nationality. However, this is an obligation to endeavor to do so and
is not always essential. The loss of the other nationality will depend on the
country.