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© KYODOOver 140 Japan-born foreign minors to get special permission to stay
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47 Comments
zones2surf
A small step in the right direction.
sakurasuki
J Govt finally considered those foreign child can be used to recoup population lost that happen every year. After all those kids were born and being raised in Japan, so they can be considered as Japan enough.
https://www.theguardian.com/world/2023/jul/26/japan-population-how-many-people-drops-first-time-births-deaths
Spidey
Being born in any country should be an automatic right to citizenship. Period!
S
BigP
Give them a break! They are Japanese. Can’t the authorities see that?
Asiaman7
Disagree. Why should any country burden its societal infrastructure with the influx of outsiders who travel pregnant solely to give birth and attain citizenship — i.e., birth tourism.
In 2015 alone, U.S. Immigration and Customs Enforcement raided groups in Southern California that charged Chinese women up to $60,000, promising to help with their visas, travel, and lodging at “maternity hotels” so their children could become U.S. citizens.
Birthright citizenship is too frequently abused.
Moonraker
Well, that's made everything clear.
Mark
So if a child is born to a Japanese mother any where he or she are considered Japanese citizens, but at the same time if a child is born IN JAPAN to Foreign parent he or she are NOT considered Japanese .
This is what I call First Class Discrimination, Every child must have the constitutional right to live and prosper in the nation were he or she was born, it is their Natural Right and who are we to deny them that right.
Mark
You can do better Japan.
Concerned Citizen
Good decision. More compassion on the poor and needy please Japan.
Rodney
So get pregnant in Japan and get residency? Triads etc will make lots of money.
wallace
Birth citizenship would require a change to the constitution which has never happened.
kohakuebisu
Good move.
There can be all kinds of ways to slip through the net on this. Rules that might apply if the parents were married but they weren't, rules that might apply if the mother's application to naturalize had been accepted before the baby was born, but it wasn't, etc. Such things can leave children stateless.
kiwi07
We're talking about residency here, not citizenship. 33 countries allow unrestricted birthright citizenship, which is when a child is born in a country and neither parent are citizens of that country. However, apart from the USA and Canada, most of those 33 countries are places like Chad, El Salvador, Guatemala, and other countries that people are not not flocking too to have children's there unless they're in an even worse country such as Venezuela.
Most countries, such as New Zealand, Australia, UK, most European countries, etc, have restricted birthright citizenship, which means that at least one parent must be a citizen of that country for the child to become a citizen of that country.
In this case, we're not talking about citizenship at all, we're just talking about residency; the right to live without being arrested and being deported as an illegal alien even though the person was born here and only speaks Japanese.
Eastman
its about time to talk seriously about dual citizenship here.
Disillusioned
Yeah, that's all well and good but, these kids will not be able to keep a dual nationality. Japan will start to pressure them from around 12 years old to choose one or the other.
indigo
WTF!! why so many deportation cases???
shogun36
HOWEVER.......
If you win some kind of international sports achievements or become famous in some way, you will THEN receive full benefits and be considered "100% Japanese."
justasking
Especially when you pay taxes as, or even more than, Japanese people.
Imagine your tax being used to put Japanese kids to school, but your own kids cannot. Such injustice.
WA4TKG
Isn't that nice of them? How about that...
I bet the government GLADLY accepts their TAX money from day one, when they start WORKING too.
wallace
How many foreign couples live in Japan? How many foreigners marry each other in Japan?
Abe234
A good step in the right direction, but there will be consequences to this idea. Some will start to see anchor babies. While this is a good idea we do need to see how some Japanese people may not be happy with this immigration policy and mitigate any problems. Certainly some social education on immigration, why it’s needed, benefits to society, and how they’ll deal with those that may……. How shall we say……. Fall foul of the law, but know no other country but Japan . Definitely a good step in the right direction and I hope Japan can look at issues that the USA, France and Germany etc have and dealing with the far right who WILL oppose this.
kurisupisu
@Asiaman7
The US is vastly different from Japan.
In fact, it is not even comparable.
There will never be a long line of foreigners waiting to give birth in Japan- no need to worry
Meiyouwenti
Overstaying your visa is a crime. The new revision will send illegal aliens the wrong message that crime pays.
Roy Sophveason
I'm not sure if that's even a thing, legally speaking. Two foreigners may go to city hall and get a pretty certificate, but I'm not sure that it is of any legal consequence.
Technically, "marrying" in Japan means starting a new Koseki, which is exclusive to Japanese nationals. Foreigners don't even get an entry in the Koseki, and two foreigners will not be able to start a Koseki of their own.
As far as I can figure, two foreigners marrying in Japan is purely cosmetic, it becomes only legal by submitting the marriage to the respective home countries. Which Japan then recognizes.
(Someone CMIIW, please.)
wolfshine
This is just yet another example of a problem the government creates, and later steps in to "fix" with totally negligible and meaningless adjustments. Growing up in this country as a non-Japanese child sounds terrible. Imagine being treated by the official bureaucracy as a legal liability and not as another equal human being from the day you are born.
Japan is not an example of successful nationalist policy implementation - it actually showcases disastrous consequences for the people they are either legally or morally required to represent. This country got exposed by Covid and are still down bad. With each passing day they look worse and worse.
wallace
Roy Sophveason
Foreigners can marry each other in Japan.
When a foreign couple wishes to get married in Japan, they submit a marriage registration (kon'in todoke / 婚姻届) at the counter of the section responsible for family registration at the office of the city, ward, town or village in which they reside. If both parties are recognized as having met the necessary conditions, the registration will be accepted, and the marriage will be recognized as valid.
https://www.nic-nagoya.or.jp/en/living-in-nagoya/living-information/living_information/2022/12291252.html
https://jp.usembassy.gov/services/marriage/marriage-in-japan/
But how many there are I do not know.
Roy Sophveason
Wallace,
Oh, I know they can. What I mean is: I'm not sure it is legally binding in Japan if they do.
Case in point: if two foreigners forget to get a "marriage certificate", they can never get another one or any other form of affirmation from the municipality. That's because a marriage is usually taken down in the Koseki, which two foreigners don't have. It's all cosplay until they use their Konin Todoke Juri Shomeisho that they hopefully didn't forget to grab on the way out to announce the marriage to their respective home countries.
wallace
Roy Sophveason
Two foreigners marrying each other in Japan is a legal marriage and recognised by the country. They would have to apply for the marriage certificate from their own country/countries too.
I think there may be more advantages to the couple than remaining single.
But I guess somewhere it does happen.
Strangerland
I would imagine it would depend on their nationalities. I would think many countries consider a legal marriage in any country to be a legal marriage. Sure, you don't have to tell them. But that doesn't mean one partner or the other can't report it if/when it suits them.
Speculation though. As far as I know, from having known foreigners who got married in Japan, it's legal. But maybe there is more to it than I know.
wallace
Validity of Marriages Abroad
In general, marriages which are legally performed and valid abroad are also legally valid in the United States. You do not have to report your marriage to the U.S. Embassy/Consulate. For more information please read the Department of State website.
https://jp.usembassy.gov/services/marriage/marriage-in-japan/
Strangerland
As I suspected.
Roy Sophveason
It's murky, weirdly unanswered on the web even on official sites, and I wish someone more knowledgeable than me would actually confirm or deny it. Having married into a Japanese family I was personally never confronted with the issue, and I never bothered to ask my expat friends. Maybe I should.
Yup, one of the results of a cursory search is that the UK, the USA and Australia will accept the marriage as-is, other countries (in Europe) will not unless it is specifically registered with them.
I figure that number must exist somewhere, even with a missing koseki acting as a census. Someone must keep tabs on foreigners getting married, even if it involves collecting that number from all three billion municipalities. But it doesn't seem to be published anywhere.
sir_bentley28
So wait, up until now, what is my daughter's residency? She was born in Japan and is learing to speak Japanese (she's 2)
wallace
sir_bentley28
Is one of her parents Japanese?
TokyoLiving
Careful Japan, just be careful..
Japantime
Everyone born in Japan is a Japanese resident. This is a well known law throughout the world. I have heard of some mothers coming to Japan so that their child will be Japanese.
Strangerland
No, this is incorrect. If someone on a tourist visa had a baby here, the child would not be a resident.
You heard wrong. Japan is not a country with jus soli.
wallace
Japantime
Not so.
Birth in Japan does not by itself entitle a child to Japanese nationality, except when a child would otherwise be stateless.
Redemption
Good.
桜川雪
Anybody gonna mention this? Why should children be responsible for their parents? Do children get arrested when their parents break the law?
OssanAmerica
Only 33 countries in the world have unrestricted birthright citizenship. That's far from being the norm.
CuteUsagi
If any of the people here commenting are American, have you ever tried to change your nationality to Japanese?
It is expensive on both sides.
I feel sorry for kids that have criminal parents. The kid is forced to be deportED WITH THEM.
Invalid CSRF
Gaijinjland
@Roy
A marriage in Japan between two foreigners is legally binding. My wife and I did that. You have to both have legal residence status first and there is a marriage certificate and the marriage is reflected in the family Juminhyou. Koseki is irrelevant if both parties are foreign as we don’t have one. But no, two foreigners on vacation in Japan can’t get legally married.
Roy Sophveason
@Gaijinland,
thanks for clearing that up, well appreciated.
I'm not trying to ask where you two are from, but your home countries didn't ask to be notified, or involved? (Because my home country did, and I married a Japanese.)
Interesting. That means that the "spouse of Japanese resident" residency status can only be attained if one already had some residency before.
That seems logical, they don't have a governmental record that could hold their marriage status. Although I heard rumours and saw websites which said that they could use their marriage certificate to just have their marriage status changed in their home countries, without any further procedure. That would depend on what that home country is, I guess.
louisferdinandc
Convention on the rights of children (minors of 18):
States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.Japan is part of the convention and still tries to pass the partial respect of a basic human right for a kind gesture, and “this time only” as the Justice Minister says.
Peter Neil
SpideyToday 07:59 am JST
BigPToday 08:00 am JST
kiwi07Today 09:49 am JST
So, I said early on that jus soli is rare, about 30 countries, and jus sanguinis is more common. Why was it deleted?
louisferdinandc
Nobody is talking about citizenship in the article. Just the basic human right of being treated as anyone else and access healthcare, education, without discrimination and fear of being deported - to a country one might not know the language nor culture of - as a minor born and raised in Japan. Yes there’s only 33 countries giving citizenship by birth, but over 180 countries allowing legal residency of minors born in the country until 18 (when usually one can then ask for citizenship based on having spent over 10 years in the education system, for instance).