Adult Children Born with Dual Nationality

[TJKansai]

There are a bunch of related posts in the forum, some recent, but I don't think we've had a poll on this.

https://www.moj.go.jp/ENGLISH/information/tcon-01.html

If you are a person of dual nationality,
please make the choice of your nationality!

A person who possesses Japanese and a foreign nationality (a person of dual nationality) shall choose one nationality before he or she reaches twenty two 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). If he or she fails to choose his or her nationalities, he or she may lose Japanese nationality. So, please don't forget choosing your nationality.

[Tkydon]

It is Majority + 2 Years, so now 20 Years of Age since they reduced the Age of Majority to 18.

The above link is out of date.

The Japanese Nationality Law and Translation can be found here:

https://www.japaneselawtranslation.go.j ... /view/4366

Article 14 refers.


（国籍の選択）
(Selection of Citizenship)
第十四条外国の国籍を有する日本国民は、外国及び日本の国籍を有することとなつた時が十八歳に達する以前であるときは二十歳に達するまでに、その時が十八歳に達した後であるときはその時から二年以内に、いずれかの国籍を選択しなければならない。
Article 14(1)A Japanese citizen having a foreign nationality must select either one of the two before reaching twenty years of age if they obtain the foreign nationality and Japanese citizenship prior to becoming eighteen years of age, or within two years from that time if it is after.
２日本の国籍の選択は、外国の国籍を離脱することによるほかは、戸籍法の定めるところにより、日本の国籍を選択し、かつ、外国の国籍を放棄する旨の宣言（以下「選択の宣言」という。）をすることによつてする。
(2)Other than by renouncing the foreign nationality, the selection of Japanese citizenship may be accomplished by selecting Japanese citizenship and declaring the renunciation of the foreign nationality (hereinafter referred to as "selection declaration") pursuant to the provisions of the Family Register Act.


There is a loophole in Article 16-1

第十六条選択の宣言をした日本国民は、外国の国籍の離脱に努めなければならない。
Article 16(1)A Japanese citizen who makes the selection declaration must try to renounce their foreign nationality.


...努めなければならない。must try...

There are many people who either do not make the Selection of Japanese Nationality, or having made the Selection of Japanese Nationality, have been unsuccessful in their 'efforts' to relinquish the other nationalities, and continue to renew their Japanese Passports into adulthood.

Not having received the other nationalit(y/ies) by birth, however, is deemed to be acquisition of the nationality of a foreign country at their own choice (even if acquired for them by a parent or legal guardian), and grounds for Instant revocation of Japanese Citizenship.

Article 11 refers.

（国籍の喪失）
(Loss of Citizenship)
第十一条日本国民は、自己の志望によつて外国の国籍を取得したときは、日本の国籍を失う。
Article 11(1)If a Japanese citizen acquires the nationality of a foreign country at their own choice, that Japanese citizen loses Japanese citizenship.
２外国の国籍を有する日本国民は、その外国の法令によりその国の国籍を選択したときは、日本の国籍を失う。
(2)A Japanese citizen having the nationality of a foreign country loses Japanese citizenship when they select the nationality of that foreign country according to its laws and regulations.

A recent case involving a boy who acquired UK Citizenship by Adoption hit the news last year

https://www.japantimes.co.jp/news/2024/ ... ty-ruling/

[captainspoke]

I voted, but only once(!) for our two kids (in their 30s now) who have both kept their dual status. I've never heard that they've had any even minor trouble when renewing their j-passports.

I've lost touch with the group, but the jalt bilingual NSIG has many families like ours with dual kids, a number of them older than ours. Never any instance of this being a problem.

And while Tkydon uses "try to" above, elsewhere I've seen "endeavor to" in place of that. (the whoop-tee-doo version of "try")

[adamu]

A recent case involving a boy who acquired UK Citizenship by Adoption hit the news last year

I wonder if it was a British sense of morality that drove him to sue the government, as opposed to... apply to reaquire citizenship. Or perhaps he wanted dual citizenship so wasn't happy with that option.

[Tkydon]

And while Tkydon uses "try to" above, elsewhere I've seen "endeavor to" in place of that. (the whoop-tee-doo version of "try")

In this case, they are both Official Law Translations of the MOJ.

https://www.japaneselawtranslation.go.j ... 66#je_at16

第十六条選択の宣言をした日本国民は、外国の国籍の離脱に努めなければならない。
Article 16(1)A Japanese citizen who makes the selection declaration must try to renounce their foreign nationality.

and

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

Article 16.

A Japanese national who has made the declaration of choice shall endeavour to deprive himself or herself of the foreign nationality.

Of course, if there any discrepency between the English and Japanese, the Japanese prevails

A recent case involving a boy who acquired UK Citizenship by Adoption hit the news last year

I wonder if it was a British sense of morality that drove him to sue the government, as opposed to... apply to reaquire citizenship. Or perhaps he wanted dual citizenship so wasn't happy with that option.

I have no idea as it was not reported in the article, but I assume he wasn't happy when he found out that he had lost his Japanese Citizenship the day his parents' application for his British Citizenship was approved and British Citizenship was awarded under section 3(1) of the British Nationality Act 1981, which is not automatic, and triggered Article 11 of the Japanese Nationality Law.

I guess he wanted to avoid the triggering of Article 11


（国籍の喪失）
(Loss of Citizenship)
第十一条日本国民は、自己の志望によつて外国の国籍を取得したときは、日本の国籍を失う。
Article 11(1)If a Japanese citizen acquires the nationality of a foreign country at their own choice, that Japanese citizen loses Japanese citizenship.
２外国の国籍を有する日本国民は、その外国の法令によりその国の国籍を選択したときは、日本の国籍を失う。
(2)A Japanese citizen having the nationality of a foreign country loses Japanese citizenship when they select the nationality of that foreign country according to its laws and regulations.


(Loss of nationality)
Article 11.
1. 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.


There are many people who are trying to have Article 11 removed.

He cannot apply to regain Japanese Citizenship without becoming resident in Japan, and living here for at least 3 years, AND relinquishing UK Citizenship under Article 5-5 of the Japanese Nationality Law. He cannot be Dual under the Japanese Nationality Law.

（帰化）
(Naturalization)
...
Article 5(1)The Minister of Justice may not permit naturalization for a foreign national who has not met the following conditions:
一引き続き五年以上日本に住所を有すること。
...
五国籍を有せず、又は日本の国籍の取得によつてその国籍を失うべきこと。
(v)not having a nationality or having to give up the person's nationality upon the acquisition of Japanese citizenship; and


(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:
...
(5) that he or she has no nationality, or the acquisition of Japanese nationality will result in the loss of foreign nationality;

[Tkydon]

I have no idea as it was not reported in the article, but I assume he wasn't happy when he found out that he had lost his Japanese Citizenship

probably the day he tried to renew his Japanese Passport, and was informed that he had triggered Article 11 and was no longer a Japanese Citizen..

[TunaSki]

A recent case involving a boy who acquired UK Citizenship by Adoption hit the news last year

I wonder if it was a British sense of morality that drove him to sue the government, as opposed to... apply to reaquire citizenship. Or perhaps he wanted dual citizenship so wasn't happy with that option.

All article for naturalization in the Nationality law requires jusho in Japan. The kid was about 14 years old, and residing in the UK.

So even though the minor would qualify for naturalization via the age restriction exemption of Article 8. A 14 year old kid would struggle to get jusho in Japan without their parents, of who reside in the UK.

[adamu]

A 14 year old kid would struggle to get jusho in Japan without their parents

And to sue the government, too, I guess.

[zeroshiki]

A few weeks ago I saw a post on Reddit Japanlife (probably got deleted though) about a son who encouraged his Japanese mother to naturalize American because she had lived in the US for like 20+ years but planned to live in Japan for retirement. Apparently the Japanese embassy in the US found out she had naturalized so they told her she wasn't Japanese anymore by virtue of Article 11.

Dual nationality is a massive grey area in Japanese law and the definition of "endeavor" has always been kept vague. Once the kid reaches 20 (is it now 18?) just choose Japanese and "endeavor" to think about getting rid of the other nationality for the next 50 years.

[Tsumitate Wrestler]

A few weeks ago I saw a post on Reddit Japanlife (probably got deleted though) about a son who encouraged his Japanese mother to naturalize American because she had lived in the US for like 20+ years but planned to live in Japan for retirement. Apparently the Japanese embassy in the US found out she had naturalized so they told her she wasn't Japanese anymore by virtue of Article 11.

Dual nationality is a massive grey area in Japanese law and the definition of "endeavor" has always been kept vague. Once the kid reaches 20 (is it now 18?) just choose Japanese and "endeavor" to think about getting rid of the other nationality for the next 50 years.

Some citizenships are very hard to give up (Mexican, American etc) and may include fees, lawyers, and waiting periods etc.

There are so many intricacies involved, it's hard to imagine this law ever getting more specific. I think this loophole will thankfully stay open.