Life

Is dual nationality Actually Allowed in Japan?

Children of international marriages often hold more than one nationality until they reach adulthood. In such cases, is it permissible to continue to hold multiple nationalities and use passports of two or more countries after they reach 18 years old?

Although rules vary from country to country, dual nationality is not permitted in Japan. A person who has both Japanese and foreign nationality must choose one of the two nationalities by a certain date (Japan’s Nationality Act Article 14.1).

Under Japan’s Nationality Act, the Minister of Justice may demand that a person select its nationality if they do not select it by the specified date. If a person who has received such a notice does not choose Japanese nationality within one month from the date of receipt of such notice, they will, in principle, lose Japanese nationality.

In reality, however, there are no confirmed instances of such a demand have been made. We do not know in the future, but in the past, it appears that not a single such demand has been made.

 

How to Select Nationality

If you select a foreign nationality

If you select a foreign nationality, there are two ways as below:

One method is to renounce Japanese nationality by submitting a Notification of Japanese Nationality Renouncement to the Legal Affairs Bureau of Japan or a Japanese embassy or consulate in a foreign country with the necessary documents, including proof of foreign nationality.

Another method is to select the nationality of the foreign country in accordance with the procedures set forth in the laws and regulations of the foreign country and submit a Notification of Loss of Japanese Nationality to the municipal office or Japanese embassy or consulate in the foreign country with a document attesting to the selection of foreign nationality.

If you select Japanese Nationality

On the other hand, there are two ways to choose Japanese nationality as below.

One method is to renounce the nationality of a foreign country. If you have renounced the nationality of a foreign country in accordance with the laws and regulations of that foreign country, you can submit a Notification of loss of foreign nationality to the municipal office or the Japanese embassy or consulate in the foreign country, attaching a document certifying such renunciation.

Another method is to declare the selection of Japanese nationality. A person can choose Japanese nationality by submitting a Notification of Selection Declaration to the municipal office or to a Japanese embassy or consulate abroad, stating that they have chosen Japanese nationality and will renounce their foreign nationality.

By making this Selection Declaration of Japanese Nationality, the obligation to select nationality under Article 14.1 of Japan’s Nationality Act has been fulfilled. However, whether this declaration of selection results in the automatic loss of foreign nationality depends on the laws and regulations of the foreign country concerned. For those who have the nationality of a foreign country whose nationality is not automatically lost through this declaration of selection of Japanese Nationality, they are required to make efforts to renounce the foreign nationality after this declaration of selection (Japan’s Nationality Act, Article 16.1).

Article 16.1 A Japanese citizen who makes the selection declaration must endeavor to renounce their foreign nationality.

This obligation to make efforts to renounce foreign nationality is interpreted as a “provision of instruction” that is not legally enforceable. There is no penalty for not renouncing one’s foreign nationality after submitting the notification of nationality selection. The absence of penalties results in the existence of people with dual nationality even in Japan, where dual nationality is not allowed as a matter of principle.
Note that, unlike a child of an international couple who has multiple nationalities from the beginning, if a person voluntarily acquires the nationality of another country, they will lose Japanese nationality in accordance with the provisions of Article 11 of the Japan’s Nationality Act.

Article 11.1 If a Japanese citizen acquires the nationality of a foreign country at their own choice, that Japanese citizen loses Japanese nationality.