DESK REVIEW ON POPULATIONS AT RISK OF STATELESSNESS
5. that he or she has no nationality, or the acquisition of Japanese nationality will result
in the loss of foreign nationality;
6. that he or she has never plotted or advocated, or formed or belonged to a political
party or other organization which has plotted or advocated the overthrow of the
Constitution of Japan or the Government existing thereunder, since the enforcement
of the Constitution of Japan.
Article 5(2) through Article 9, further modify these criteria making specific exceptions in
certain circumstances. For example, as noted above, under Article 8(4), the Minister of
Justice may permit naturalization notwithstanding the conditions set in Article 5(1), (2), and
(4), provided that… “[the alien] was born in Japan and has had no nationality since the time
of birth, and has had a domicile in Japan for three consecutive years or more since then.”
Article 8(4), therefore, eases naturalization requirements for persons born stateless in Japan.
Procedures relating to the acquisition of nationality stipulated by the Japanese Nationality Act are
under the jurisdiction of the Civil Affairs Bureau of the Ministry of Justice. Individual applications
are handled by eight legal affairs bureaus, and 42 district legal affairs bureaus across Japan.
For Philippine Nikkeijin, under the operation of the law of Japan, they are Japanese nationals
if they were born to a Japanese father legally married to a Filipino mother at the time of their
birth. If the parents were not legally married, then the father would have had to acknowledge
the birth to effect nationality. In cases where there was no legal marriage and no notification,
the child would not be considered a Japanese national.
C.8. Immigration
According to the PNLSC, many Philippine Nikkeijin do not wish to permanently relocate to
Japan. Most are now elderly, and many have large families with whom they would wish to
remain close in the Philippines. Yet, identity is important to many of them, and they may wish to
travel to Japan to visit the grave of their parents or meet relatives. Moreover, their children and
grandchildren may wish to travel to Japan to work and study, and the second generation may
wish for them to have that opportunity. The second generation may be citizens of Japan, and
securing nationality for this generation is a priority, but if the Japanese ancestor’s koseki can
be located, second, third, and fourth generation Japanese descendants are all eligible to travel
to Japan to live and work on a Nikkeijin visa, and would be on a fast track towards permanent
residence in Japan. Working in Japan and sending remittances back to the Philippines is also
a very common livelihood strategy, and one that can provide a pathway out of poverty.
72
UNHCR / April 2021
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