Naturalization Applications for Spouses of Japanese Nationals | Eligible After 3 Years of Residence

For foreign nationals married to a Japanese national, Article 7 of the Nationality Act relaxes the residence requirement for naturalization, making it possible to apply after a shorter period than the usual five years. This article explains in detail the requirements, required documents, and points of caution for spousal naturalization.

Governing law: Article 7 of the Nationality Act (Act No. 147 of 1950)

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Requirements Under Article 7 of the Nationality Act

Article 7 of the Nationality Act relaxes the residence requirement for spouses of Japanese nationals in the following two patterns.

Article 7 of the Nationality Act: “With respect to a foreign national who is the spouse of a Japanese national and who has had a domicile or residence in Japan for three years or more consecutively and currently has a domicile in Japan, the Minister of Justice may permit naturalization even if that person does not meet the conditions set forth in Article 5, Paragraph 1, Items 1 and 2”

Pattern 1: Living in Japan Before Marriage

Requirement	Content
Period of residence	Having a domicile or residence in Japan for 3 years or more consecutively
Current domicile	Currently having a domicile in Japan
Duration of marriage	No particular requirement (being married suffices)

Concrete examples:

• If you resided in Japan for three years as a student and then married a Japanese national → Application possible
• If you resided in Japan for three years on a work visa and married a Japanese national → Application possible

Pattern 2: Beginning to Live in Japan After Marriage

Requirement	Content
Duration of marriage	3 years or more having elapsed
Period of residence	Having a domicile in Japan for 1 year or more consecutively

Latter part of Article 7 of the Nationality Act: “A foreign national who is the spouse of a Japanese national, for whom three years have elapsed since the date of marriage, and who has had a domicile in Japan for one year or more consecutively”

Concrete examples:

• If you married a Japanese national overseas and came to Japan three years after the marriage, and one year has passed → Application possible
• If you married a Japanese national overseas, five years have passed, and one year has passed since you came to Japan → Application possible

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Conditions That Are Relaxed and Conditions That Are Not

Condition	Ordinary Naturalization	Spousal Naturalization	Relaxed?
Residence requirement	5 years or more	3 years or more (Pattern 1) or 3 years of marriage + 1 year of residence (Pattern 2)	Relaxed
Capacity requirement	18 years or older	Exempted	Relaxed
Good conduct requirement	Good conduct	Good conduct	No change
Livelihood requirement	Able to make a living	Able to make a living	No change
Prevention of dual nationality	Loss of original nationality	Loss of original nationality	No change
Ideology requirement	Applies	Applies	No change
Japanese language ability	Required	Required	No change

Important: The good conduct requirement and the livelihood requirement are not relaxed. Having no tax arrears and having a stable foundation for living continue to be required.

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Substantive Requirements of the Marriage

In a naturalization application, the marriage must be not only legally valid but also substantive in reality.

Points Checked in Screening

Item Checked	Content
The fact of cohabitation	Whether the couple lives together
Circumstances of the marriage	How you met and came to be married
Daily life	Everyday communication as a married couple
Economic joint arrangements	Whether you share household finances

Caution: If the marriage is judged to be a sham marriage, naturalization will not be approved. It may also be subject to criminal punishment as a violation of the Immigration Control Act.

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Documents Required for Spousal Naturalization

In addition to the ordinary naturalization application documents, the following documents are required.

Documents Proving the Marital Relationship

Document	Notes
Certificate of entries in the marriage notification	Obtained at the municipal office
Certified copy of the Japanese spouse’s family register	One showing the marriage entry
Japanese spouse’s certificate of residence	For all household members
Marriage certificate from your home country	If a marriage notification was also filed in your home country
Japanese spouse’s certificate of employment	To prove the spouse’s income
Japanese spouse’s pay statements and withholding tax slips	Proof for the livelihood requirement

Documents Concerning the Japanese Spouse

Document	Notes
Certified copies of the spouse’s family register (from birth to the present)	May include revised original family registers and removed family registers
Spouse’s resident tax assessment and payment certificates	For the most recent 1-2 years
Spouse’s pension record	Enrollment and payment status

Point: A naturalization application requires many documents concerning the Japanese spouse as well. Cooperation from your spouse is essential, so we recommend discussing this together as a couple in advance.

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Points of Caution

1. Effect of Divorce

If you divorce while your naturalization application is pending, you no longer satisfy the requirements of Article 7 of the Nationality Act, and you may be asked to withdraw your application.

However, if you continue to have a domicile in Japan for five years or more after the divorce, it is possible to apply under the requirements for ordinary naturalization (Article 5 of the Nationality Act).

2. If You Are Living Separately

Even if you are in a marital relationship, living separately may raise doubts about the substance of the marriage. If there is a legitimate reason such as a job transfer without family, prepare materials that can explain those circumstances.

3. In the Case of Remarriage

Documents proving that the divorce from the previous marriage has been finalized (certificate of entries in the divorce notification, divorce certificate from your home country, etc.) are additionally required.

4. Your Name After Naturalization

After naturalization, a Japanese family register is created. As for your name, you may take your Japanese spouse’s surname, or continue to use your former (foreign) surname. You register your name at the time of the naturalization notification.

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Flow of the Procedure

Step	Content	Approximate Duration
1	Prior consultation with the Legal Affairs Bureau	1 day
2	Collecting the required documents	2-3 months
3	Preparing the application documents	2-4 weeks
4	Filing with the Legal Affairs Bureau (appearing in person)	1 day
5	Interview by the Legal Affairs Bureau	1-3 months after filing
6	Screening and referral to the Minister of Justice	6 months to 1 year
7	Official Gazette announcement and notice of approval of naturalization	—
8	Submitting the naturalization notification at the municipality	Within 1 month of the announcement

Overall duration required: Approximately 8 months to 1.5 years is the guideline.

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Frequently Asked Questions

Q. Can I apply for naturalization immediately after getting married?

If you have lived in Japan for three years or more before marriage, you can apply immediately after marriage. If you came to Japan after marriage, three years or more must have elapsed since the marriage and you must have had a domicile in Japan for one year or more.

Q. Can the livelihood requirement be satisfied by the Japanese spouse’s income alone?

Yes. Article 5, Paragraph 1, Item 4 of the Nationality Act provides for “being able to make a living by one’s own assets or skills, or those of a spouse or other relative with whom one shares a livelihood.” If your Japanese spouse has a stable income, the requirement may be satisfied even if the applicant personally has no income.

Q. Can I apply for naturalization without a spouse visa (the “Spouse or Child of Japanese National” residence status)?

Yes, you can. What is required for a naturalization application is “being the spouse of a Japanese national,” and the type of residence status does not matter. Even with a work visa or permanent residence, if you are married to a Japanese national you can benefit from Article 7 of the Nationality Act.

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Our Support

For consultations regarding naturalization applications, trust Kaneko Hidetaka Administrative Scrivener Office.

• 98% approval rate
• Languages: Japanese, Chinese, Vietnamese
• Free initial consultation
• Serving Chiba, Tokyo, and nationwide (online consultation available)

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