1. The Naturalization Process and the Position of the Capacity Requirement

To acquire Japanese nationality, foreign residents must apply for naturalization through the Legal Affairs Bureau. There are seven basic requirements for naturalization, one of which is the capacity requirement.

Main Requirements for Naturalization

1. Residence Requirement (Must have lived in Japan continuously for at least five years)
2. Capacity Requirement (Must have legal capacity to act)
3. Good Conduct Requirement (No criminal record or tax violations)
4. Financial Stability Requirement (Must have a stable source of income)
5. Nationality Requirement (Must renounce original nationality)
6. Ideological Requirement (Must not be involved in anti-social activities)
7. Japanese Language Requirement (Must have basic Japanese language proficiency)

Among these, the capacity requirement is crucial as it determines whether the applicant legally possesses the ability to act when applying for naturalization.

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2. What is the Capacity Requirement?

The capacity requirement ensures that the applicant has the legal capacity to act independently under Japan’s Civil Code. Since naturalization is a legal act, the applicant must have the capacity to make decisions on their own.

Key Criteria

• Adults (18 years and older): Generally eligible to apply independently
• Minors (Under 18): Parental consent is required
• Persons under adult guardianship: May face difficulties in applying

In other words, the applicant's "legal capacity to act" plays a key role in determining their eligibility for naturalization.

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3. Differences Between Adults (18+) and Minors (Under 18)

Adults (18 and older)

• Can apply for naturalization independently (No parental consent required)
• Can make legal decisions on their own

Minors (Under 18)

• Parental (or legal guardian’s) consent is required
• Cannot apply alone (Must apply together with a parent if possible)

For example, if a 15-year-old foreign child wants to apply for naturalization alone, they cannot do so. Instead, they must apply together with their parent when the parent is also applying for naturalization.

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4. Adult Guardianship System and Naturalization Applications

The Adult Guardianship System in Japan is designed to protect individuals with dementia, intellectual disabilities, or other conditions that impair decision-making abilities. If an applicant has a court-appointed adult guardian, they may face difficulties in applying for naturalization because they are considered legally incapable of making decisions independently.

Cases Where Naturalization May Be Difficult

• If the applicant has a court-appointed adult guardian (as they have limited legal capacity)
• If the applicant has severe decision-making impairments, the Legal Affairs Bureau may reject the application

However, if the applicant has a "conservator" or "assistant" assigned for mild disabilities, they may still be eligible for naturalization, depending on the circumstances.

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5. Conclusion: How to Meet the Capacity Requirement

Key Points to Satisfy the Capacity Requirement for Naturalization

1. If you are 18 or older, you can apply independently (as long as other requirements are met)
2. If you are under 18, parental consent is required (Applying together with a parent is ideal)
3. If you have a legal guardian, consult a professional (such as an administrative scrivener or lawyer)

In the next article, we will discuss the relationship between the "Japanese Civil Code" and the capacity requirement in detail!