دریافت شهروندی ژاپن

این مطلب رو به انگلیسی از یک سایتی که در زمینه کسب شهروندی ژاپن هست و تو این زمینه متخصص هست برداشتم.
(توضیح :گرداننده این سایت یک آمریکایی هست که خودش تابعیت آمریکاییش رو ترک کرده و تابعیت ژاپنی کسب کرده.)

Do some naturalized Japanese become legal dual nationals?

Yes, depending on your nationality, you may have to keep your former nationality because the other country will not allow you to get rid of your non-Japanese nationality.

In principle, as part of the Japanese naturalization law, you need to get rid of all your other nationalities either before you receive your Japanese nationality (ex. United Kingdom, Canada) or within two years after receiving your Japanese nationality (ex. United States, New Zealand). Whether you do it before or afterwards is not your choice. It depends on the whether the nationality laws of other countries allow their citizens to lose their citizenship without having already acquired another. In other words, do they allow brief (or permanent) periods of statelessness?

The reason some countries do not allow their citizens to become stateless is usually because they are following the United Nations 1961 Convention on the Reduction of Statelessness, which stipulates that loss/renunciation should be conditional upon the prior possession or assurance of acquiring another nationality.

Even Japan, which guarantees the right of its nationals to lose their Japanese nationality in their Constitution (Article 22), will not let one do so until they have first acquired another nationality.

2) Freedom of all persons to move to a foreign country and to divest themselves of their nationality shall be inviolate.

However, there are some countries in the world where losing your nationality is either completely impossible or may be denied due to reasons unrelated to the possession of another passport.

Countries that don't allow one to lose their nationality †:

• Bolivia
• Costa Rica

Countries that don't allow one to lose their nationality if they're natural-born (not naturalized)†‡:

• Dominican Republic
• Ecuador
• Guatemala
• Honduras
• Nicaragua
• Nigeria
• Uruguay

Countries where one's attempts to lose one's citizenship may be denied for reasons other than statelessness and/or is extremely difficult (for example, requiring an in-person appearance in that country before a judge):

• Afghanistan
• Algeria
• Angola
• Argentina
• Cuba
• Eritrea *
• Iran
• Iraq
• Lebanon
• Morocco
• Nigeria
• Syria
• Thailand
• Tunisia

In the above countries, Japan will allow those who naturalize to submit a 国籍選択届kokuseki sentaku todoke (Choice of Nationality Declaration) instead of renouncing or relinquishing one's impossible-to-lose nationality.

Note that any Japanese national can complete this form at their local ward office or city hall (区役所／市役所kuyakusho/shiyakusho) as long as they have additional nationalities. Doing this creates an entry on your 戸籍koseki (family register) labeled 国籍選択kokuseki sentaku (nationality choice). However, just because you can do it does not mean a naturalized American or New Zealander etc can choose to this in lieu of properly divesting their nationalities and reporting it to Japan (which creates a separate entry in the family register: 外国国籍喪失gaikoku kokuseki sōshitsu). Thus, a former American can have two (or more!) entries in their family register: an initial Nationality Choice record followed by a Loss of Foreign Nationality record. Both for the same country. If you are naturalizing and your original nationality is not one that has been explicitly designated by your case officer as being one from which loss of nationality is not possible, you need to either have your former nationality, listed in the 帰化kika (naturalization) personal detail records (身分事項mibun jikō) under 帰化の際の国籍kika no sai no kokuseki (nationality at time of naturalization) as 無国籍mukokuseki (stateless) — as will be the case for those from the United Kingdom — or you need a 外国国籍喪失gaikoku kokuseki sōshitsu (loss of foreign nationality) record in your 戸籍koseki (family register) dated within two (2) years of the date of your naturalization. Until you do this, you haven't legally met condition #5 in the Japan Nationality Law considering nationalization (Article 5):

(5) that he or she has no nationality, or the acquisition of Japanese nationality will result in the loss of foreign nationality;

2. When an alien is, regardless of his or her intention, unable to deprive himself or herself of his or her current nationality, the Minister of Justice may permit the naturalization of the alien, notwithstanding that the alien does not fulfill the conditions set forth in item (5) of the preceding paragraph, if the Minister of Justice finds exceptional circumstances in his or her family relationship with a Japanese national, or other circumstances.

There is a theoretical (never seen put into reality yet) worry that one's naturalization could be annulled (administrative denaturalization), although due to the tiny numbers** of naturalized citizens who abuse this, most likely, if they notice, they will probably first call and ask for an explanation and/or remind you and work with you and your schedule before they did something so drastic.

Another thing to note is that fulfilling your tax obligations as defined by law is not considered to be "unable to lose one's nationality", allowing you to just do the Choice of Nationality declaration within Japan without formally losing your citizenship. For example, extremely wealthy Americans may be asked to pay what is colloquially known as an "exit tax" after they relinquish or renounce their U.S. citizenship. Because the U.S. doesn't actually stop these rich Americans from losing their U.S. nationality, and you are not assessed this "exit tax" until after you lose your U.S. nationality (you file a 8854 form with your file 1040 after losing your U.S. nationality), rich Americans are not considered by the Japanese government as being "unable" to meet the requirement of Japanese naturalization, which is getting rid of your former nationality.

Interestingly, not allowing a person to divest themselves of their nationality is considered to not be in the spirit of The Universal Declaration of Human Rights, Article 15:

(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

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† Many "new world" countries (the nation-states in North and South America) tend to be more permissive in giving out natural-born citizenship (many are jus soli, or right-to-nationality by being born on the national soil) and also less permissive about letting you get rid of that nationality.
‡ Many "new world" countries have different classes of non-foreign people: nationals and citizens. All citizens are nationals, but nationals are not always citizens. Generally, those who naturalize get less rights than those who are natural-born. For example, naturalized people cannot be President in either the United States or Mexico. In Mexico, there are many government jobs that naturalized citizens are not permitted to hold. On the other hand, naturalized Mexicans may divest themselves of their nationality. Japan makes no distinction between nationals and citizens; a naturalized person has all the legal rights and privileges that a natural-born citizen has, including the ability to become the Prime Minister ( 総理大臣sōri daijin).
* Eritrea is also the only country other than the United States that taxes based on citizenship in all situations. In other words, Eritreans, like Americans, must file and/or pay their taxes regardless of where they work or live in the world depending on their revenue and income status. Unlike Americans, they cannot divest themselves of their nationality.
** The vast majority of people who naturalize to Japanese come from countries (China and Korea) where they lose their original citizenships just prior to receiving their official 帰化者の身分証明書kikasha no shōmeisho (proof of identity of naturalized citizen) or just after automatically (because their own country doesn't recognize dual nationality), so it's not possible for them to become dual national and hide it even if they intended to flaunt the law.

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