For Special Permanent Residents, the requirements are significantly relaxed compared with ordinary naturalization applications. This article explains the requirements for simplified naturalization under Articles 6 and 8 of the Nationality Act, as well as the procedures specific to Special Permanent Residents.
What is a Special Permanent Resident: A residence status granted, under the “Special Act on the Immigration Control of, Inter Alia, Those Who Have Lost Japanese Nationality Pursuant to the Treaty of Peace with Japan,” to persons from former colonies who have resided in Japan since before the end of the war, and to their descendants.
Differences Between Ordinary and Simplified Naturalization
| Condition | Ordinary Naturalization (Article 5) | Simplified Naturalization (Articles 6 & 8) |
|---|---|---|
| Residence condition | Continuously 5 years or more | Relaxed or waived |
| Capacity condition | 18 years of age or older | May be waived |
| Conduct condition | Must be of good conduct | Same |
| Livelihood condition | Able to make a living | May be waived |
| Prevention of dual nationality | Loss of original nationality | Same |
| Ideology condition | No violent, destructive activities | Same |
Article 6 of the Nationality Act (Relaxation of the Residence Requirement)
Article 6 of the Nationality Act relaxes the residence condition (5 years or more) for foreign nationals who fall under any of the following.
Article 6 of the Nationality Act: “With respect to a foreign national who falls under any of the following items and who currently has a domicile in Japan, the Minister of Justice may permit naturalization even if the person does not fulfill the condition set forth in item (i) of paragraph (1) of the preceding Article.”
| Item | Applicable Persons | Content of Relaxation |
|---|---|---|
| Item (i) | A child (excluding an adopted child) of a person who was a Japanese national, who has had a domicile or residence in Japan continuously for 3 years or more | Domicile of 5 years → shortened to 3 years |
| Item (ii) | A person born in Japan who has had a domicile or residence in Japan continuously for 3 years or more, or whose father or mother (excluding adoptive parents) was born in Japan | Domicile of 5 years → shortened to 3 years |
| Item (iii) | A person who has had a residence in Japan continuously for 10 years or more | The domicile requirement is substituted by 10 years of residence |
Many Special Permanent Residents were born in Japan and have lived in Japan for many years, and therefore fall under Article 6, item (ii).
Article 8 of the Nationality Act (Waiver of Conditions)
Article 8 of the Nationality Act waives the residence condition, capacity condition, and livelihood condition where certain requirements are met.
Article 8 of the Nationality Act: “With respect to a foreign national who falls under any of the following items, the Minister of Justice may permit naturalization even if the person does not fulfill the conditions set forth in items (i), (ii) and (iv) of paragraph (1) of Article 5.”
| Item | Applicable Persons | Conditions Waived |
|---|---|---|
| Item (i) | A child (excluding an adopted child) of a Japanese national who has a domicile in Japan | Residence condition, capacity condition, livelihood condition |
| Item (ii) | An adopted child of a Japanese national who has had a domicile in Japan continuously for 1 year or more and who was a minor under the law of their home country at the time of adoption | Same as above |
| Item (iii) | A person who has lost Japanese nationality (excluding a person who lost Japanese nationality after naturalizing in Japan) and who has a domicile in Japan | Same as above |
| Item (iv) | A person born in Japan who has had no nationality since the time of birth and who has had a domicile in Japan continuously for 3 years or more since that time | Same as above |
Among Special Permanent Residents, those whose father or mother has acquired Japanese nationality fall under Article 8, item (i), and the residence condition, capacity condition, and livelihood condition are all waived.
Documents Required for Naturalization by Special Permanent Residents
For naturalization applications by Special Permanent Residents, the following documents are required in addition to the ordinary documents.
Documents on Personal Status for Persons of Korean Nationality
| Document | Where to Obtain |
|---|---|
| Basic certificate | Korean Embassy or Consulate |
| Family relations certificate | Same as above |
| Marriage relations certificate | Same as above |
| Adoption relations certificate | Same as above |
| Full adoption relations certificate | Same as above |
| Certified copy of removed family register | Same as above (where an older family register is required) |
Point: Certificates from the Korean family relations register must be obtained for the applicant, the father, and the mother respectively. In addition, certified copies of the removed family registers of grandparents may be required.
For Persons of Chosen (Korean) Nationality
Persons of Chosen nationality may not be registered in the Korean family relations register. In such cases, personal status will be proved by the contents of the Japanese alien registration record or by written statements from relatives.
Flow of the Procedure
1. Preliminary consultation at the Legal Affairs Bureau (jurisdiction: the Legal Affairs Bureau for your place of residence)
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2. Collection of required documents (approx. 2-3 months)
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3. Preparation of application documents
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4. Application to the Legal Affairs Bureau (personal appearance required)
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5. Interview by a Legal Affairs Bureau official
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6. Investigation and examination by the Legal Affairs Bureau
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7. Referral to the Minister of Justice
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8. Decision by the Minister of Justice
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9. Notice in the Official Gazette (permission for naturalization)
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10. Notification from the Legal Affairs Bureau → Notification at the municipal officeEstimated Examination Period
| Item | Estimate |
|---|---|
| Document preparation | 2-3 months |
| Examination period | Approx. 6 months to 1 year |
| Total time required | Approx. 8 months to 1.5 years |
Note: For Special Permanent Residents, examination tends to proceed relatively smoothly where personal status is clear, but the period varies depending on individual circumstances.
Procedures After Naturalization
After naturalization is permitted, the following procedures are required.
| Procedure | Where to File | Deadline |
|---|---|---|
| Naturalization notification | Municipal office | Within 1 month from the date of the notice of permission for naturalization |
| Return of the Special Permanent Resident Certificate | Municipal office | At the time of notification |
| Notification of loss of Korean nationality | Korean Embassy or Consulate | Proceed at an early stage |
| Passport application | Passport center | After the naturalization notification is accepted |
| Change of name and registered domicile on driver’s license | Police station or driver’s license center | As needed |
| Change of name on bank accounts | Each financial institution | As needed |
Frequently Asked Questions
Q. I am a Special Permanent Resident. Can I naturalize while keeping my real (ethnic) name?
Your name after naturalization is the name recorded in the Japanese family register. You may freely choose it within the range of Japanese jōyō kanji, kanji approved for personal names, hiragana, and katakana. You may either use your ethnic name as it is or change it to a Japanese name.
Q. Can I use my commonly used name (tsūshōmei) as my name after naturalization?
Yes, this is possible. You may use the commonly used name you have used to date as your name on the family register after naturalization.
Q. Does naturalization affect inheritance?
After naturalization, as a Japanese national, the inheritance system under the Japanese Civil Code applies. Regarding inheritance of assets located in Korea, issues of private international law may arise, so we recommend consulting a specialist in advance.
Our Support
For consultations regarding naturalization applications, please entrust them to Kaneko Hidetaka Administrative Scrivener Office.
- 98% approval rate
- Languages: Japanese, Chinese, Vietnamese
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