Adult Children Born with Dual Nationality

[TunaSki]

These cases have nothing to do with Dual Citizens who are born with Dual or Multiple Nationalities.

edit: removed confused reply.

Yeah, I was trying to make a more general point about the interpretation of the law, by showing how the constitution itself has been interpreted surrounding nationality issues.

Yes, but this is for people who are no longer Japanese due to Article 11. It would also apply to people who naturalized to japan under Article 5 to 8 too.

People who get Japanese nationality + other nationalities out of their control have not triggered article 11 to get their other nationalities. And they never got their Japanese nationality via Article 5 to 8 either.

[deezy]

Can someone clear this up for me: my son has dual British/ Japanese nationality. Before he turns 20 does he have to get the 国籍選択届, Kokuseki Sentaku Todoke and promise to endeavour to renounce British nationalty, or can he just carry on. What I mean to say is: does he have to do something proactive before he turns 20 to show he wants to retain Japanese nationality? Or he doesn't need to do anything at all?

[captainspoke]

If you're worried/nervous, tell/help him to get his j-passport renewed/issued when he's 18 or 19.

There'll then be 10-years before there's any need to worry about this again.

[deezy]

Thanks. He has just renewed his passport, but I was just wondering if there was still an obligation to fill in this form before turning 20.Apparently, it is some document you have to get from the Ward office.

[zeroshiki]

Thought this was interesting from Nichibenren (Lawyers Association of Japan)

期限を過ぎても国籍選択をしない人に対しては、法務大臣は書面で国籍の選択を催告することが でき(15条1項)、催告を受けても選択しないでいると日本国籍を失うと規定されています(15条 3項)。ただし、この催告は、制度ができた1985年(昭和60年)から今まで一度も実施されたことが なく、催告の結果日本国籍を失った人も一人もいないことが報告されています。

Basically that the government has the right to ask you to make a declaration (and the right to strip Japanese nationality if you don't reply) but no confirmed case of this happening has been reported in the last 40 years.

[TunaSki]

Can someone clear this up for me: my son has dual British/ Japanese nationality. Before he turns 20 does he have to get the 国籍選択届, Kokuseki Sentaku Todoke and promise to endeavour to renounce British nationalty, or can he just carry on. What I mean to say is: does he have to do something proactive before he turns 20 to show he wants to retain Japanese nationality? Or he doesn't need to do anything at all?

If he was born British (usually for those born in Japan means section 2 of the British nationality act) then he just needs to file his Article 14 “declaration of choice” by age 20, and choose Japan. Then Article 16 applies to him - where Article 16 paragraph 1 means he must endeavor to renounce British (but no time frame or punishment in legislation to do so), and Article 16 paragraph 2 means he cannot work for something that only British nationals can do (like politics/military/sport)

See MOJ official guidance on that here: https://www.moj.go.jp/MINJI/minji78.html under Q19

If he doesn’t fulfill the Article 14 declaration of choice by age 20, then Article 15 can be triggered on him which will force him to make that choice, under punishment of losing Japanese nationality should the choice not be made within 1 month of notice

[zeroshiki]

The PDF for Nichibenren that I posted basically says that Article 15 has never been invoked on someone who has failed to make this declaration. As in, the demand to choose, let alone removing citizenship has not been invoked in 40 years. Most likely doing nothing is fine but it wouldn't hurt to make the declaration.

[Tsumitate Wrestler]

I really appreciate the discourse here on this topic.

I think some of the tension is that as parents we will have to make recommendations to our children, that may not mesh with what they read in Japanese about the subject.

I think it would be easier to encourage them to follow through with the declaration, and if questioned by immigration etc, state bluntly that they have declared and are "endeavoring".