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Director of Immigration Lawyer Office SAKURA International Legal Office
in Minami-aoyma, Tokyo.

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Japanese-American, Japanese-Brazilian, etc. (Part 2)
<02/03 (Sun) /2008 22:17>
Previously, I explained Long Term Resident VISA for 2nd generation of Japanese who’s born after their Japanese parent renounced (=lost) Japanese nationality as well as 3rd and 4th generation. I heard Japanese emigrants to Brazil needed to acquire Brazilian nationality in order to buy real estate in Brazil. As a result, there must be a case a child was born after his/her Japanese parent renounced Japanese nationality.

This time, let me explain the case that their parent holds Japanese nationality or the case that a child was born before his/her Japanese parent renounced Japanese nationality.

It may be natural that a biological child of a Japanese acquires Japanese nationality, but it can happen that he/she loses Japanese nationality when they are born in a foreign country.

Generally, nationality is acquired by a child's place of birth (jus soli) or bloodline (jus sanguinis). “Jus soli” means “right of soil” in Latin and “jus sanguinis” does “right of blood.” You could listen to their pronunciation for “jus soli” and “jus sanguinis.”

Japanese nationality is granted on the grounds of jus sanguinis while U.S. or Brazilian citizenship is granted on the grounds of jus soli.

Therefore, when a child of a Japanese parent is born in the USA or Brazil, he/she acquires dual nationality : Japanese nationality and U.S./Brazil citizenship.

In this case, the child shall lose Japanese nationality unless the Japanese parent makes a notification to reserve Japanese nationality at a Japanese embassy or a Japanese consulate within three months of his/her birth.

But, even though the child lost Japanese nationality, he/she under twenty years of age may (meaning “can”) reacquire Japanese nationality if they are living in Japan.

The following family tree illustrates “Long Term Resident VISA” when a child of a Japanese lost Japanese nationality. And the case No.1 is that his/her parent still holds Japanese nationality; the case No. 2 is that the child was born before the parent renounced (lost) Japanese nationality.

Long Term Resident Family Tree 2

Even though the 2nd generation lost Japanese nationality, it does not change the fact that he/she was born as a child of a Japanese. So they can apply for child VISA, or more exactly the status of residence “Spouse or Child of Japanese National.”

As a result, the spouse of the 2nd generation can apply for “Long Term Resident” VISA without good conduct requirement.

It may be easier to understand to see the previous family tree to compare with the above illustration.

Related Link : Long Term Resident

To Japanese Blog

Japanese-American, Japanese-Brazilian, etc.
<01/22 (Tue) /2008 22:03>
2nd, 3rd and 4th generation of Japanese can apply for "Long Term Resident" VISA. "Long Term Resident" is defined in the Public Notice made by The Ministry of Justice. But it's only in Japanese. So, THIS is a summary of the Public Notice translated by our office.

However, that translation is still hard to understand at a glance. So, let me show you some example by a family tree. This is one example out of various cases. The numbers in the illustration such as 3 or 5-c are defined in the above-mentioned Public Notice.


As shown in the tree, 2nd and 3rd generation and their spouse can apply for the "Long Term Resident" VISA.

Good conduct requirement is that the applicant has not commit crimes in and outside of Japan. However, 10 years after the end of imprisonment or 5 years after the payment of a fine, those criminal records are excluded.

4th generation must satisfy the following five conditions:
1) Their parent has "Long Term Resident" VISA,
2) their parent supports the 4th generation and
3) the 4th generation is unmarried,
4) minor (under 20 years of age) and
5) satisfies good conduct requirement.

* To be continued to this entry.

Related Link : Long Term Resident

To Japanese Blog

I carefully pay attention to the correctness of this blog.
However, I do not guarantee the result of your own deed referring to this blog.
For proper application, I am pleased if you consult with our office.

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