Which is better, naturalization or marriage?Timing of naturalization application

If you are thinking of marrying a Japanese person and are also thinking of applying for naturalization,marriageとNaturalizationI think you may be confused as to which one you should go first.
In conclusion, it is not possible to say which one is better.both sidesmerit and demeritAfter understanding, it is better to make a choice according to your own wishes.Below, the administrative scrivener will explain in an easy-to-understand manner.

Why does the timing of naturalization and marriage matter?

　If you are thinking of marrying a Japanese person and are also thinking about applying for naturalization, you may be confused as to whether you should get married or naturalize first, or whether you should apply for naturalization first. I think.it is often“It is more advantageous to apply for naturalization after marrying a Japanese person.”There will be information that.

　Certainly, if you marry a Japanese and apply for naturalization as a spouse of a Japanese,Relaxation of residence requirementsand usually"Continue to live in Japan for at least 5 years"the condition of"Continue to live in Japan for at least 3 years"(Even if you have not lived in Japan for 3 years or more, it is okay if you have been married for 3 years or more and have lived in Japan for 1 year or more continuously.) shorter stays in
However, if you marry a Japanese person first, it means that you are marrying a foreigner and a Japanese person.International marriagewill beFor international marriages,Marriage requirements certificateObtain and translate the document from the embassy or consulate in Japan,Submission of marriage registration to Japanese government officeIn addition to doingSubmission of marriage registration to home countrywill be required, and the marriage procedure will be complicated.
On the other hand, if naturalization is permitted and you marry a Japanese person after acquiring Japanese nationality, you can get married in the same procedure as a marriage between Japanese people, so the marriage procedure is easy.
in this way,If you marry a Japanese after applying for naturalization, the marriage procedure is easybecome,If you apply for naturalization after marrying a Japanese, the residence requirements for naturalization application will be relaxed.Both have advantages and disadvantages.

Which of the procedures will be easier to obtain will depend on the individual situation, so please choose according to your current situation.
However, marriage is not for the purpose of relaxing the requirements for naturalization, so please consider it as one of the guidelines.Also, please note that although the requirements have been relaxed, the examination itself will not be relaxed.

So, in general, I will explain what kind of situation should be taken and the timing of naturalization and marriage.

① Cases and reasons why it is better to get married than apply for naturalization

● Those who are already pregnant

In this case, it is often better to apply for naturalization first due to the nationality of the child to be born.
This is because the Nationality Law stipulates that a child acquires Japanese nationality at the time of birth if the father or mother who is legally in a parent-child relationship at the time of the child's birth is a Japanese citizen.For example, a child born between her Japanese husband and her non-Japanese spouse mother will acquire Japanese nationality.

● Those who have not lived in Japan for more than 5 years

In this case, if you apply for naturalization while you are single, you will not be permitted due to residence requirements. If you have not lived in Japan for more than 5 years and have no work experience (other than part-time job) with a status of residence (visa) that allows you to work for more than 3 years, it depends on the time of marriage. However, if you apply for naturalization from the standpoint of a Japanese spouse, the benefits will be great.

● Persons who do not have a status of residence for work (work visa)

This is also for the same reason as the above "people who have not lived in Japan for more than 5 years", and although it depends on the time of marriage with the Japanese, the benefits of applying for naturalization from the standpoint of a Japanese spouse Will be big.In the first place, you cannot apply for naturalization immediately unless you marry a Japanese person.

② Cases and reasons why you should apply for naturalization before marriage

● People who want to simplify marriage procedures

If you do not need to relax the residence requirements for naturalization application due to your own situation and want to simplify the marriage procedure after naturalization is permitted, apply for naturalization as a single person and become Japanese. If you get married afterwards, the benefits will be great.

Advantages and disadvantages of getting married first and applying for naturalization first

▼ Advantages of applying for naturalization after marriage 

● Relaxation of residence requirements when applying for naturalization

Normally, the condition of "continuing to live in Japan for 5 years or more" is "continuing to live in Japan for 3 years or more" (even if you have not lived in Japan for 3 years or more, 3 years or more have passed since you got married. In addition, it will be alleviated as it will be (including those who have lived in Japan for more than a year).

● The child to be born acquires Japanese nationality (if the child is already pregnant, etc.)

Since Japan adopts pedigree, even if naturalization is not permitted, if the child is married to a Japanese at birth, the child born will acquire Japanese nationality.At the same time, the nationality of the foreigner of the couple may be acquired depending on the law of the country.

▼ Disadvantages of applying for naturalization after marriage

● Marriage procedures become complicated

As mentioned above, the marriage in this case is an international marriage, so it is necessary to submit a certificate of legal capacity to marry and a marriage notification to your home country.

●Depending on the other party's nationality, the Japanese person automatically acquires the other party's nationality upon marriage.

Since Japanese people have dual nationality, it is necessary to take procedures to renounce one of the nationalities within two years after acquiring foreign nationality.

Also, if you are staying in Japan for family stay or study abroad, you may not be able to continue to stay with your current status of residence.Status of residence "Japanese spouse, etc."You will need to apply at the immigration office.

▼ Advantages of getting married after applying for naturalization

● Easier procedures for getting married

In this case, the marriage will be between Japanese people, so you can get married with a simple procedure (notification only) like a normal Japanese person.

● Fewer documents when applying for naturalization

Compared to applying for naturalization while married to a Japanese person, there are fewer documents to apply for naturalization.
This is because when you apply for naturalization as a Japanese spouse, you will need to prepare additional documents such as a copy of the family register of the Japanese spouse, resident's card, and income-related materials.

▼ Disadvantages of getting married after applying for naturalization

● Unable to receive relaxation of residence requirements

You must have lived in Japan for at least five years. Within the period of 5 years or more, it is necessary to obtain a working status of residence and work in an employment form other than part-time job for 5 years or more.In addition, if you have been out of Japan for 3 days or more, or about 90 days or more in a year, it does not apply to "continue".Residence period resetIt will be done.Many people find it difficult to naturalize because this period of residence is reset.

Summary of advantages and disadvantages

Renewal of period of stay is necessary even after applying for naturalization

Whether you are applying for naturalization after getting married or getting married after applying for naturalization, the common thing to be aware of is that during the examination of the naturalization application,Renewal of status of residence (visa) is necessaryabout it.

Naturalization applications and status of residence (visa) are separate issues, and the examination period for naturalization applications usually takes about half a year to a year.Therefore, the period of stay of the visa may expire during the examination period of the naturalization application, in which case it is necessary to complete the renewal of the visa properly.Some people forget to apply for extension of period of stay.But if you forget to applyOverstayIt will become.There is no doubt that overstaying will adversely affect the examination of naturalization.
Regardless of which choice you make, if you are aiming for naturalization, it is important to ensure thorough legal compliance.

Above, I explained the advantages and disadvantages based on the general idea.However, the most important thing is what is best for you who are aiming to apply for naturalization.
Is it better to apply for naturalization or get married first?If you have any questions, pleaseClimb Immigration Lawyer Officeplease consult.