What are the "behavioral conditions" for naturalization applications?How much will it affect my permit if I have a criminal record or overstay?

In this column"Behavioral conditions" required when applying for naturalizationAn administrative scrivener who is a professional in naturalization application will answer in an easy-to-understand manner.

"Behavioral conditions"behavior” What does it mean?To what extent does it become a problem?
Also, please refer to the frequently asked question “In the past”PreviousThere is.''OverstayIs this allowed? I will also explain the concerns.

XNUMX. XNUMX.What are the behavioral conditions?

　First, let's talk about what the "conditions of conduct" are required for naturalization application.

There are various conditions for a foreigner to apply for a naturalization permit in order to acquire Japanese nationality.
As one of the conditionsBehavioral conditionsThere,Nationality Act Article 5, Paragraph 1, Item 3It is stipulated in

Article XNUMX The Minister of Justice may not permit the naturalization of a foreigner unless he / she meets the following conditions.
　(Omitted)
three　Behavior is goodこと.
Nationality Act Article 5, Paragraph 1, Item 3

　In order to meet the conduct requirements stipulated in Article 5, Paragraph 1, Item 3 of the Nationality Act mentioned above, it is important that the applicant has no criminal record, criminal record, or bankruptcy record, and that there are no problems with taxes or tax payment status.
If these conduct conditions are not met,Bad behavior".

▼ What is bad behavior?

Bad behavior is mainly recognized when there is a violation of the law or failure to fulfill tax obligations.
Those who apply for naturalizationWhether the conduct requirements are metCan be considered mainly in the following points.

• -Previous,Criminal historyWhether there is
• -Illegal immigration(Overstay) history
• ・ Are there any violations in driving a car (driving records for the past 5 years are required)
• -bankruptcyDo you have a history
• -Tax paymentAre you fulfilling your obligations
• -pensionPayment status
• ・ Under the Civil CodeTortWith or without
• -家族Behavior

From the above aspectsComprehensive examinationWill be judged.

XNUMX. About “previous criminal record” and “overstay”

From here, we will explain cases where you have a criminal record or have overstayed, which are particularly frequently asked questions.

▼ How much influence does a criminal record have on conduct requirements?

　The criminal record is a criminal record that was found guilty.If the criminal trial is confirmed, a criminal record will be attached.
If you are arrested but not actually charged, there will be no criminal trial and no criminal record will be attached.

If you are actually convicted in a criminal court and have a criminal record, your chances of being granted naturalization decrease.
However, even if you have a criminal record, you may be granted permission to naturalize depending on the nature of the crime you committed, the number of years that have passed since your conviction, etc.
If you have a criminal record,Don't lieOf course, about the contents of the previous convictionDon't hide, be honestIt will be stated in the naturalization application documents.
The same applies if the family has a criminal record.

If you are convicted of imprisonment and have been sentenced to jail, you can use it as a guide.More than 10 years have passed since I finished servingIf so, naturalization may be allowed.
If you are convicted with suspended sentence, as a guideApproximately twice the suspended sentence has passedIf you do, naturalization may be permitted even if you have a criminal record.

Cases where permission may be granted even with a criminal record (approximate)

If you have been convicted of a prison sentence and have served it

　⇒From serving time in prisonMore than 10 yearshas passed

Conviction with suspended sentence

　⇒Twice the period of probationhas passed

　Please note that the above are "possible" cases of permission, and do not necessarily result in permission.
Also, the golden rule is not to hide or lie.

▼ How much of a problem is overstaying in Japan?

Continue to stay in Japan without renewing your visa even though your period of stay has expiredIllegal immigration (overstay)If was in the pastBehavioral conditionsThis is a problem in terms of.
This is just a guideline, but if you overstay,More than 10 years have passed since obtaining special permission to stay.If you do, you may be granted permission to naturalize.

One way is to write a sentence that tells you the history of overstaying in the past, what you are reflecting on, and that you will never violate the law again.
If your family has overstayedSimilarly, it is best to explain this at the time of application.

What to include in the reason for overstay

• ・ Full history of past overstays
• ・ Background of overstaying
• ・ How do you reflect on it?
• ・ Oath not to violate the law again in the future

▼ If you apply falsely or conceal anything, the probability of rejection will increase.

If there have been circumstances in the past where these "important behavioral conditions for naturalization application" cannot be met, and you want to apply for naturalization even if there are problems and the conditions cannot be met sufficiently,Do not hide the facts and do not make false applicationsIs very important.
If you have any concerns about which conditions of naturalization are not met, what is important when you want to apply even if you do not meet the conditions, what kind of explanation should be given, etc.Ask a professional administrative scrivenerI think it's a good idea to do it.

If you have any concerns or consultations such as "I want to naturalize, but can I apply?" or "Do I meet the conditions?", please feel free to contact us.Climb Immigration Lawyer OfficePlease consult