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skribbl3d 01-07-2009 07:30 PM

Citizenship
 
Alright, so I was talking with this girl who claims to live in Yokohama, threw a thread on a fashion site. In the forums for Japanese Culture, she keeps fighting with this girl, who lives in Tokyo.

The girl "in" Yokohama said she needs an alien card, even though she was born in Japan. She's Caucasian (Russian/Italian).

If you're born in Japan, and not Japanese do you still need an alien card? I thought if you were born in any country, you're born under their legal citizenship. :confused:

godwine 01-07-2009 07:58 PM

Extracted from Wikipedia (http://en.wikipedia.org/wiki/Japanese_nationality_law):

Japan is a jus sanguinis state, meaning that it attributes citizenship by blood, not by location of birth. Article 2 of the Nationality Act provides three situations in which a person can become a Japanese national at birth:

1. When either parent is a Japanese national at the time of birth
2. When the father dies before the birth and is a Japanese national at the time of death
3. When the person is born on Japanese soil and both parents are unknown or stateless

A system for acquiring nationality after birth is also available. If an unmarried Japanese father and non-Japanese mother have a child, and the parents later marry and the Japanese father acknowledges paternity, the child can acquire Japanese citizenship, so long as the child has not reached the age of 20. Japanese nationality law effective from 1985 has been that if the parents are not married at the time of birth and the father has not acknowledged paternity while the child was still in the womb, the child will not acquire Japanese nationality.[1][2] However, Japan's Supreme Court ruled in 2008 that denying nationality to children born out of wedlock to foreign mothers is unconstitutional

kouichisan 01-07-2009 08:00 PM

Many south asian countries have similar rules.

SHAD0W 01-07-2009 08:00 PM

Stateless? how is it possible that a mother can just appear randomly and give birth?

i can understand if maybe you found a baby in the wild like in fairy tales.. then you could adopt it and grant it citizenship..

skribbl3d 01-07-2009 08:05 PM

Quote:

Originally Posted by godwine (Post 660730)
Extracted from Wikipedia (http://en.wikipedia.org/wiki/Japanese_nationality_law):

Japan is a jus sanguinis state, meaning that it attributes citizenship by blood, not by location of birth. Article 2 of the Nationality Act provides three situations in which a person can become a Japanese national at birth:

1. When either parent is a Japanese national at the time of birth
2. When the father dies before the birth and is a Japanese national at the time of death
3. When the person is born on Japanese soil and both parents are unknown or stateless

A system for acquiring nationality after birth is also available. If an unmarried Japanese father and non-Japanese mother have a child, and the parents later marry and the Japanese father acknowledges paternity, the child can acquire Japanese citizenship, so long as the child has not reached the age of 20. Japanese nationality law effective from 1985 has been that if the parents are not married at the time of birth and the father has not acknowledged paternity while the child was still in the womb, the child will not acquire Japanese nationality.[1][2] However, Japan's Supreme Court ruled in 2008 that denying nationality to children born out of wedlock to foreign mothers is unconstitutional

Ok, so if I'm understanding this right. If Jane Doe's father, Japanese or not, had obtained citizenship within Japan before her birth, this makes her a legal citizen?

MMM 01-07-2009 09:51 PM

Quote:

Originally Posted by skribbl3d (Post 660735)
Ok, so if I'm understanding this right. If Jane Doe's father, Japanese or not, had obtained citizenship within Japan before her birth, this makes her a legal citizen?

If he obtained citizenship, then he is Japanese. Since you said she is Caucasian (Russian/Italian) I would be very surprised to hear her father or mother was a Japanese citizen. They might have permanent residency, but that is different from citizenship.

spicytuna 01-07-2009 10:15 PM

Quote:

Originally Posted by skribbl3d (Post 660735)
Ok, so if I'm understanding this right. If Jane Doe's father, Japanese or not, had obtained citizenship within Japan before her birth, this makes her a legal citizen?

Yes.

Her parents must have been on a visa or were in the process of applying for citizenship when she was born.

MMM 01-07-2009 10:20 PM

Quote:

Originally Posted by spicytuna (Post 660784)
Yes.

Her parents must have been on a visa or were in the process of applying for citizenship when she was born.

Being in a visa and having citizenship are very different. If both her parents are Caucasian I would be very surprised to hear that either of them are on or were on any path to Japanese citizenship.

MissHoneyBeeee 01-07-2009 10:28 PM

I have a question...

So if I were to move to Japan, get a Japanese citizenship, get married to another foreigner, and have a kid, would that make it so the kid would still need an alien card? Or would they be considered a 'citizen?'

MMM 01-07-2009 10:37 PM

You make getting citizenship (and denouncing the citizenship of your home country) sound like it takes less than five to ten years to achieve.

If you are a Japanese citizen, you are no longer a foreigner. Therefore your baby, fathered by a foreigner or not, born in Japan or not, can become a Japanese citizen if you register them properly (I believe within 3 months of birth).

skribbl3d 01-07-2009 10:40 PM

Quote:

Originally Posted by spicytuna (Post 660784)
Yes.

Her parents must have been on a visa or were in the process of applying for citizenship when she was born.

Apparently he came to Japan in 1977, and obtained citizenship in 1987, about 1 1/2 before her birth. So that makes her an her brother legal citizens.

According to like a million sites, you need to live in Japan for 5+ years, to obtain citizenship. Along with other things of course.

Thank you for answering the question.

MMM 01-07-2009 10:43 PM

Quote:

Originally Posted by skribbl3d (Post 660812)
Apparently he came to Japan in 1977, and obtained citizenship in 1987, about 1 1/2 before her birth. So that makes her an her brother legal citizens.

According to like a million sites, you need to live in Japan for 5+ years, to obtain citizenship. Along with other things of course.

Thank you for answering the question.

That makes her and her brother legal citizens IF she was registered as a Japanese citizen just after she was born.

You obviously want to make this girl out to be a liar, and aren't interested in posts that don't support those ends, but are you sure her father is a "citizen" or a "legal resident"?

skribbl3d 01-07-2009 10:46 PM

Quote:

Originally Posted by MMM (Post 660814)
That makes her and her brother legal citizens IF she was registered as a Japanese citizen just after she was born.

You obviously want to make this girl out to be a liar, and aren't interested in posts that don't support those ends, but are you sure her father is a "citizen" or a "legal resident"?

No, I don't wanna prove her a liar. I'm just trying to find more information on it, because her and this other girl who claims to live in Yokohama, says everything shes saying is wrong.. so I guess in a way, I'm helping prove her right. I like this girl.

And no, personally I don't know if he was or not, I'm just taking her word for it, but half the things shes said about Japanese culture and Japan are true (from what I've read and been told) as opposed to this other girl.

MissHoneyBeeee 01-07-2009 10:53 PM

Quote:

Originally Posted by MMM (Post 660806)
You make getting citizenship (and denouncing the citizenship of your home country) sound like it takes less than five to ten years to achieve.

If you are a Japanese citizen, you are no longer a foreigner. Therefore your baby, fathered by a foreigner or not, born in Japan or not, can become a Japanese citizen if you register them properly (I believe within 3 months of birth).

yeah well, I know it probably wouldn't take that short of amount of time -__- it would probably take me about...20-25+ years just to do it all.

Interesting...thanks for the information :)...even though I probably won't use it for anything, but it's fun to find out some new things!

Nyororin 01-07-2009 11:31 PM

The rules are simple. The child of a Japanese citizen - if recognized by that parent - is a Japanese citizen regardless of where in the world they are born.

That is the ONLY way to receive Japanese citizenship by birth. Otherwise they are going to need a visa to stay in Japan.

spicytuna 01-08-2009 04:04 AM

Quote:

Originally Posted by Nyororin (Post 660855)
The rules are simple. The child of a Japanese citizen - if recognized by that parent - is a Japanese citizen regardless of where in the world they are born.

Yup! I was born in Canada but had both a Japanese and Canadian passport. I was tempted to keep using both but I figured the Nikkei visa was good enough. Plus it's legal that way. :)


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