Japanese Nationality Law - Loss of Citizenship

Loss of Citizenship

Loss of citizenship requires the approval of the Minister of Justice.

A Japanese national is assumed to have renounced their nationality upon naturalization in any foreign country.

Under the revisions made to the Nationality Law in 1985, Articles 14 and 15 require any person who holds multiple citizenship to make a "declaration of choice" between the ages of twenty and twenty-two, in which they choose to renounce either their Japanese nationality or their foreign citizenship(s). Failure to do so entitles the Minister of Justice to demand a declaration of choice at any time. If the required declaration is not made within one month, their Japanese nationality is automatically revoked. A renunciation of foreign citizenship made before Japanese officials may be considered by a foreign state as having no legal effect as is the case with, for example, United States citizenship.

Japanese nationals who hold multiple citizenship by birth, and who do not wish to lose their Japanese citizenship, are required to declare their desire to retain Japanese citizenship by the age of 21. Part of fulfilling this requirement is to "make an effort" to renounce other citizenships once they have declared their intent to retain Japanese nationality. This may be difficult for some Japanese with foreign nationality, for example, Iranian nationals cannot renounce their Iranian nationality until age 25. While Iranian-Japanese dual nationals born to an Iranian father may not have to renounce their Japanese nationality, exercising their other citizenship in Japan is considered an expatriating act that nullifies their Japanese citizenship. This is true for a Japanese national holding any dual citizenship. For example, the post of Assistant Language Teacher is not open to Japanese nationals under Japanese law. If a Japanese national obtains a visa for such a job in their foreign passport, that is deemed an expatriating act. If a child is born with dual nationality or acquires it as a child as a result of the parents naturalizion, the child may hold dual nationality, but is not allowed to exercise his or her rights as a foreigner in Japan.

A Japanese national does not lose his or her nationality in situations where citizenship is acquired involuntarily such as when a Japanese woman marries an Iranian national. In this case she automatically acquires Iranian citizenship and is permitted to be an Iranian-Japanese dual national, since the acquisition of the Iranian citizenship was involuntary.

On November 14, 2008, The Japan Times reported that Liberal Democratic Party member Taro Kono had submitted a proposal to allow offspring of mixed national couples where one parent is Japanese to have more than one nationality. The proposal also calls for foreigners to be allowed to obtain Japanese nationality without losing their original citizenship.