Woman Loses Japanese Citizenship

[Majestic]

This story, and a couple others like it, are doing the rounds on social media.

A Japanese citizen moved to Canada to study, and eventually acquired Canadian citizenship to take advantage of Canadian university research grants. Then, her parents became sick, and she traveled back to Japan to care for them, and in the process she discovered that her Japanese citizenship had been forfeited, AND she was afoul of immigration regulations because she had entered Japan unlawfully with her Canadian passport.

'You're living in Japan illegally': Woman shocked at sudden loss of Japanese nationality - The Mainichi

KYOTO -- A university professor living in Kyoto, who was born in Japan and whose parents are Japanese, was shocked when the Japanese government sudden

mainichi.jp

My understanding of the immigration system has shifted because of this. I had thought the authorities were starting to be more lenient towards dual citizens, but this case is evidence of the contrary. There is a distinction between people who are dual citizens by birth, and this woman who became a Canadian by choice, but to me it is a yellow warning flag for people who view the immigration authorities as being lax about these things.

 

[nice gaijin]

If they revoked her Japanese citizenship, what passport should she have used to enter Japan?

 

[Majestic]

I think she used her Canadian one, which was fine for a short visit, but then she overstayed as she was taking care of her parents. Then when she had to take a trip overseas, she ran into problems.

I guess I was expecting her to get a stern lecture from immigration rather than retroactively revoked citizenship. I guess it isn't the first time immigration has done this kind of blunt force trauma. Some observers are saying its her own fault and she should have known the rules. I think there are a lot of "stealth" dual citizens out there who don't know they are at high risk from losing their JPN citizenship.

 

[mdchachi]

So she'd probably have been fine if she had maintained and used her Japanese passport?

 

[Majestic]

Yes - that would be my guess. So it was some stupidity on her part (entering with a Canadian passport and not keeping her Japanese passport up to date). And yes, she may well have been trying to game the system. But instant revocation of your citizenship feels like a level of severity that isn't proportionate to the crime.

 

[Mikawa Ossan]

I thought Japan didn't recognize dual citizenship. It was my understanding that if a Japanese citizen becomes naturalized in another country, they automatically forfeit their Japanese citizenship. I remember that as a foreigner, one would have to give up their previous citizenship to become a Japanese citizen.

 

[mdchachi]

I thought Japan didn't recognize dual citizenship. It was my understanding that if a Japanese citizen becomes naturalized in another country, they automatically forfeit their Japanese citizenship. I remember that as a foreigner, one would have to give up their previous citizenship to become a Japanese citizen.

Yes that's true but it's not automatic. I think a lot of people follow the don't ask don't tell method.

 

[Majestic]

Yes, and you can be a dual citizen as a minor as a result of one of your parents having non-Japanese citizenship, but when you reach 22 (I think) you are supposed to declare which one you will keep to the Japanese authorities. In practice, most young people just don't make any declaration, and fly under the radar under the assumption that "don't ask, don't tell" will be their friend (as I'm sure this lady did).

What's slightly different about her case is that she made a positive assertion of Canadian citizenship when she applied for, and received it. So the Japanese Immigration authorities are viewing that as a positive declaration of Canadian citizenship, hence her Japanese citizenship was nullified. So dual citizens by birth still might have some wiggle room...but I was kind of surprised that there was absolutely no wiggling allowed for this lady. And if I were one of those who had dual citizenship by birth and haven't yet made a declaration...I might be a bit concerned.

 

[bentenmusume]

Yes, and you can be a dual citizen as a minor as a result of one of your parents having non-Japanese citizenship, but when you reach 22 (I think) you are supposed to declare which one you will keep to the Japanese authorities. In practice, most young people just don't make any declaration, and fly under the radar under the assumption that "don't ask, don't tell" will be their friend (as I'm sure this lady did).

This was my general undersatnding as well -- though I had heard that it was 20 and not 22, and that some countries (but not, for example, the U.S.) had a mutual agreement with Japan to recognize and accept dual citizenship. That said, I may be wrong on both accounts -- it was a long time ago since I heard or did research on this.

I, too, am somewhat surprised that they chose to drop the hammer on this woman, but at the same time, maybe not so surprised. Immigration is notoriously fickle and sometimes seems to operate completely on whim and random chance (I often tell the story of how I had never received anything less than a 3-year visa until I had been in Japan for 10 years, gainfully employed as a 正社員 at a major Japanese company for all that time, and on top of that married a Japanese national -- which apparently was reason enough for the authorities to revert me to a one-year visa for the first time in my entire life).

 

[mdchachi]

This was my general undersatnding as well -- though I had heard that it was 20 and not 22, and that some countries (but not, for example, the U.S.) had a mutual agreement with Japan to recognize and accept dual citizenship. That said, I may be wrong on both accounts -- it was a long time ago since I heard or did research on this.

I'm pretty sure it's Japan that doesn't allow dual citizenship for anybody. In the U.S. I believe it's commonplace.

 

[Mikawa Ossan]

I'm pretty sure it's Japan that doesn't allow dual citizenship for anybody. In the U.S. I believe it's commonplace.

In the US it is indeed commonplace. My wife is dual citizen as well as a colleague of mine.

Regarding Japan, I had heard of the child dual-citizen situation, but I think the "don't ask don't tell" is less of a policy and more of a practical matter. Unless one makes it public, it's hard to tell if you currently have dual-citizenship.

It doesn't surprise me in the least that an arm of the Japanese government followed the letter of the law. As a practical matter, Japan needs as many citizens as it can get, but as a legal matter this shouldn't really be surprising at all.

 

[Buntaro]

Can the woman now be legally adopted by her parents and 'gain citizenship' this way?

 

[mdchachi]

Can the woman now be legally adopted by her parents and 'gain citizenship' this way?

She can probably get it back but she'd have to give up her Canadian citizenship.