Part 3: Naturalization Applications for Minors and Special Cases
1. Basic Rules for Naturalization Applications by Minors
In Japan, minors (under 18 years old) cannot apply for naturalization independently.
This is because, under Japan’s Civil Code, minors are classified as "persons with limited legal competence," meaning they are not allowed to carry out important legal actions on their own.
✅ Basic Rules for Minors Applying for Naturalization
- Minors under 18 require parental consent.
- They cannot apply for naturalization alone.
- It is best for minors to apply together with their parents when the parents apply for naturalization.
For example:
✅ Case 1: When a parent applies for naturalization
- If a 40-year-old foreign father applies for naturalization, his 15-year-old child can apply together.
- If the parent does not apply for naturalization, the child cannot apply alone.
✅ Case 2: When a parent has already acquired Japanese nationality
- For example, if a mother has already naturalized and the 15-year-old child still holds foreign nationality,
- Even in this case, the child cannot apply alone and still requires the parent’s consent.
2. The Relationship Between Parental and Child Naturalization
A minor's naturalization is closely tied to their parent's naturalization application.
In general, the smoothest process is for a parent to apply for naturalization first and include their child in the application.
✅ What happens to a minor's naturalization if the parent naturalizes?
- If the parent applies together with the child, the child can naturalize at the same time.
- If the parent naturalizes first, the child may apply later, but applying alone is difficult.
- Once the child turns 18, they can apply for naturalization independently.
For example:
✅ Case 3: A parent naturalizes, but their 15-year-old child remains a foreign national
- Even if the parent naturalizes, the child can choose to retain their foreign nationality.
- However, if the child later wishes to naturalize, they must either wait until turning 18 or apply with parental support.
3. When a Minor Wants to Naturalize but Their Parents Do Not
Normally, if a parent does not naturalize, it is difficult for a minor to apply for naturalization alone.
However, in special cases, such as when one parent has already acquired Japanese nationality or the parents have been long-term residents in Japan without naturalizing, the child’s application may be considered.
✅ Cases Where a Minor Might Be Allowed to Apply Alone
- If one parent has already naturalized (e.g., the mother is Japanese, and the father is a foreign national).
- If the foreign parent has been a long-term resident in Japan but does not wish to naturalize, while the child does.
- If there are special circumstances (e.g., the child is being raised by a divorced Japanese parent).
Even in these cases, naturalization is subject to approval by the Legal Affairs Bureau, and applications may still be denied.
Therefore, it is crucial to consult with officials before applying.
4. Special Cases: Naturalization Through Adoption
Japan has special provisions that make naturalization easier for minors adopted by Japanese nationals.
In particular, if a Japanese parent adopts a foreign minor (under 18), the naturalization process may be simplified.
✅ Key Points About Naturalization Through Adoption
- If a Japanese parent adopts a foreign child (under 17), naturalization may become easier.
- Certain naturalization requirements (such as the residency period) may be relaxed.
- However, the adoption must be legitimate—fake adoptions for the purpose of naturalization are not allowed.
For example:
✅ Case 4: A Japanese couple adopts a foreign child
- Some residency requirements may be waived to facilitate naturalization.
- However, the adoption must be genuine, with the child actually being raised by the adoptive parents.
5. Summary: Key Points for Minors Applying for Naturalization
✅ Minors (under 18) cannot apply for naturalization independently.
✅ Applying together with a parent is the smoothest option.
✅ If the parent does not naturalize, the child’s application is difficult, but exceptions exist in special cases.
✅ Adoption by a Japanese national can make naturalization easier, but it must be a real adoption.
➡️ In the next article, we will discuss "The Adult Guardianship System and Its Impact on Naturalization Applications."