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Yoshikawa

Author:Yoshikawa

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

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上記の広告は1ヶ月以上更新のないブログに表示されています。
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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

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上記広告は1ヶ月以上更新のないブログに表示されています。新しい記事を書くことで広告を消せます。