A Thorough Explanation of the 7 Requirements for Naturalization | Article 5 of the Nationality Act
A Thorough Explanation of the 7 Requirements for Naturalization | Article 5 of the Nationality Act
For those wishing to acquire Japanese nationality (naturalization), the first thing to understand is the requirements for naturalization set out in Article 5 of the Nationality Act. This article carefully explains each of the seven requirements one by one, based on information published by the Ministry of Justice.
Governing law: Article 5, Paragraph 1 of the Nationality Act (Act No. 147 of 1950)
1. Residence Requirement (Article 5, Paragraph 1, Item 1 of the Nationality Act)
“Having a domicile in Japan for five years or more consecutively”
This is the most basic requirement for a naturalization application. Please note the following points.
- “Consecutively” means having continuously resided in Japan
- If there have been long absences from Japan (roughly 150 days or more per year, or 90 days or more at one time), it may be judged that the continuity has been broken
- You are required to have resided under a work-related residence status for three or more of those five years
- Periods spent only as a student are not counted toward the period of employment
2. Capacity Requirement (Article 5, Paragraph 1, Item 2 of the Nationality Act)
“Being 18 years of age or older and having legal capacity to act under the law of their home country”
| Requirement | Content |
|---|---|
| Age | Being 18 years of age or older |
| Capacity to act | Having reached the age of majority under the law of your home country |
Note that minor children are exempt from the age requirement when they apply for naturalization together with their parents (Article 8, Item 1 of the Nationality Act).
3. Good Conduct Requirement (Article 5, Paragraph 1, Item 3 of the Nationality Act)
“Being of good conduct”
The Legal Affairs Bureau examines the applicant’s daily life as a whole. Specifically, the following matters are checked.
- Criminal record: Having no criminal record or prior offenses (excluding minor traffic violations)
- Traffic violations: Your violation history over the past five years is examined. Serious violations (such as drunk driving) or a large number of violations work against you
- Tax payment status: Having no arrears in resident tax, income tax, or pension insurance premiums
- Pension and health insurance: Being enrolled in public pension and health insurance and paying properly
Caution: Even if you had tax arrears in the past, there are cases where an application becomes possible once a certain period has passed after full payment.
4. Livelihood Requirement (Article 5, Paragraph 1, Item 4 of the Nationality Act)
“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”
The criterion is whether a stable living can be maintained not only by you personally but by the household as a whole.
| Point | Explanation |
|---|---|
| Annual income guideline | This varies with household composition, but roughly ¥3 million or more per year for a single person is one guideline |
| Spouse’s income | If your spouse is Japanese and has a stable income, the requirement may be satisfied even if the applicant personally has no income |
| Assets | Assets such as savings and real estate are also taken into consideration |
| Borrowings | Even if you have a mortgage or similar, it has no effect as long as there is no problem with repayment |
5. Prevention of Dual Nationality Requirement (Article 5, Paragraph 1, Item 5 of the Nationality Act)
“Having no nationality, or losing one’s nationality upon acquisition of Japanese nationality”
Japan does not, in principle, permit dual nationality. When acquiring Japanese nationality through naturalization, you must lose your original nationality.
- Chinese nationals: After naturalization is approved, carry out the loss-of-nationality procedure at the Chinese embassy
- Korean nationals: After naturalization is approved, submit a notification of loss of nationality at the Korean embassy
- Brazil and others: For countries where renouncing nationality is difficult, the requirement may be relaxed at the discretion of the Minister of Justice (Article 5, Paragraph 2 of the Nationality Act)
6. Ideology Requirement (Article 5, Paragraph 1, Item 6 of the Nationality Act)
“Not having, on or after the date of enforcement of the Constitution of Japan, plotted or advocated the destruction by force of the Constitution of Japan or the government established thereunder, or formed or joined a political party or other organization that plots or advocates such destruction”
You are required not to have been involved in terrorism or violent destructive activities. For ordinary people, this is almost never an issue.
7. Japanese Language Ability
Although not expressly stated in the text of the Nationality Act, in the practice of naturalization applications, the ability to read and write Japanese is required.
| Item | Guideline |
|---|---|
| Level | Japanese ability at roughly the third-grade elementary school level |
| Content | Being able to hold everyday conversation and to read and write simple sentences |
| Method of assessment | Conversation in Japanese and a simple reading and writing test may be conducted at the interview |
| Japanese-Language Proficiency Test | Around N3 is regarded as one guideline |
Point: The statement of motivation for naturalization must be handwritten by you in Japanese. If you are unsure of your Japanese ability, we recommend practicing in advance.
Summary of the Requirements
| Requirement | Governing Article | Overview |
|---|---|---|
| Residence requirement | Art. 5(1)(i) | Domicile in Japan for five years or more consecutively |
| Capacity requirement | Art. 5(1)(ii) | Being 18 or older with capacity to act |
| Good conduct requirement | Art. 5(1)(iii) | Being of good conduct |
| Livelihood requirement | Art. 5(1)(iv) | Being able to maintain a stable livelihood |
| Prevention of dual nationality | Art. 5(1)(v) | Losing one’s original nationality |
| Ideology requirement | Art. 5(1)(vi) | No involvement in violent destructive activities |
| Japanese language ability | Practical requirement | Reading and writing at roughly the third-grade elementary level |
Our Support
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