In this article, an administrative scrivener who is familiar with naturalization applications will explain in what cases naturalization applications are denied, what the disapproval rate is, and frequently asked questions about naturalization applications.
Seven conditions for naturalization application to be permitted
Before explaining the reasons for disapproval of the naturalization application, I will explain the conditions for the naturalization application to be permitted.
The conditions for naturalization to be permitted and an overview of eachthe following seven(Article 5 of the Nationality Act).
- ① Having a domicile in Japan for at least five consecutive years
- If you have been out of Japan for more than 90 consecutive days, or if you have been out of Japan for more than 100 days in total, you will not be deemed to have had an address in Japan "continuing". there is.In addition, as a general rule, within the period of having an address in Japan, it is necessary to have a working period of 3 years or more, excluding part-time jobs.
- (XNUMX) Must be XNUMX years of age or older and have the capacity to act according to the law of his or her home country.
- If you do not apply for naturalization with your parents, the applicant must be at least 18 years old and at the age of legal capacity under the laws of your home country.The age of adulthood differs depending on the country, for example, in Indonesia and Singapore, it is set at 21 years old.In addition, there is no problem if the applicant is under the age of 21 when applying for naturalization with their parents.
- ③ Be of good conduct
- It's not just that you have no criminal record or criminal record, but that your pension and tax payments are also important.In addition, the history of traffic violations such as traffic accidents over the past five years will also be subject to examination.
- (XNUMX) Able to make a living from the assets or skills of one's own spouse or other relatives who share the same livelihood
- As a guideline for income, in principle, it is necessary to have a monthly income of 18 yen or more.Savings and possessions can also be advantageous in screening, but it is important to have a stable income.
- ⑤ Those who do not have nationality or should lose their nationality by acquiring Japanese nationality
- Most countries have legislation that states that if your nationality is naturalized to a foreign country, you will lose your original nationality, but depending on your nationality, you need to be careful.
- ⑥ After the date of enforcement of the Constitution of Japan, to destroy the Constitution of Japan or the government established under it by violence, or to attempt or claim to do so, or to form a political party or other organization that plans or claims to do so. Never formed or joined
- Whether the applicant, their relatives, cohabitants, etc. belong to an organization such as an organized crime group will be questioned.In this regard, the activities of parents living abroad may be investigated by other organizations such as the Ministry of Foreign Affairs.
- ⑦ Must have a certain level of Japanese language proficiency
- Although Japanese language proficiency is not clearly stated as a legal requirement, we will check whether the applicant has the minimum Japanese language proficiency in the actual examination of the naturalization application.You can see the ability to read and write hiragana, katakana, and kanji for second grade elementary school students, as well as conversation skills.
Reason for disapproval
If the application for naturalization is denied, the Ministry of Justice will send a notice of disapproval to the applicant.However, the reason for the disapproval is not currently stated in this disapproval notice.As a general rule, even if you ask the competent legal affairs bureau, they will not tell you the reason for disapproval of your naturalization application.Therefore, if your naturalization application is rejected, we do not know the direct reason and can only speculate.
Occasionally, after the request to our company was disapproved,"Actually, something like this happened, but is this the cause?"I can be asked.If I had known in advance, I might have been able to recover.So it's a waste.
There are various reasons why a naturalization application may be rejected, but the following cases are common.
- ・ We did not report to the Legal Affairs Bureau any changes to the application details such as marriage, divorce, moving, or job change that occurred after the application for naturalization was accepted.
- ・There was an unpaid pension or tax.
- - Law violations including serious traffic violations were confirmed.
- ・It has been confirmed that the application details are false or have questionable authenticity.
- ・Failure to respond to requests from the Legal Affairs Bureau to submit additional materials.
The reason for the disapproval is not clear, but applicants often have an idea of why they are disapproved.
When you receive the disapproval notice, consider the conditions under which the above naturalization application is permitted and the events after the application.Work to consider why it was deniedwill be required in addition to your identification documents.
Non-permission rate of naturalization application
"What is the approval rate/disapproval rate for naturalization applications?"I often ask questions.The disapproval rate of naturalization applications is not so high,Looking at the transition from 2014 to 2019, approximately 4% to 7% are not permittedHas become.
The reason for this low disapproval rate is
- ① There are cases where the Legal Affairs Bureau points out the possibility of disapproval before the application, and does not apply for naturalization in the first place.
- ② After accepting the application for naturalization, there are many cases where the Legal Affairs Bureau responds to the recommendation to withdraw the application.
In this way, in the naturalization application, the legal affairs bureau often points out the risk of non-permission and recommends withdrawal of the application before and after the application, and it is often rational to respond to this.Applications that are likely to be disapproved will not be submitted in the first placemany things, andNot reaching a decision of permission or non-permissionBecause there are many cases, the disapproval rate isstatistically lowerIt can be said.
Will rejection affect my next application?
If your naturalization application is denied, it will affect your next reapplication..
Therefore, if you are pointed out about the risk of disapproval before applying, we recommend that you do not apply as it is, but apply after the points pointed out have been resolved.
Also, if you are advised to withdraw from the Legal Affairs Bureau after applying, in most cases it is recommended that you accept the recommendation, withdraw the application once, and reapply after the points that were recommended to withdraw have been resolved.
The fact that you were recommended to withdraw your application means that the situation after the application, etc.Disadvantagewas discovered, so if it stays like thisHigh probability of disapprovalThat means.
Measures after disapproval
If your naturalization application is denied and you wish to reapply,Contents that dispel the reason for disapproval of the previous applicationmust be
However, as mentioned above, the notice of disapproval does not state the reason for disapproval, and even if you contact the competent legal bureau, you will not be able to tell us the reason.
If the applicant has any idea about the reason for refusal, clarify that point,Reapply with the content that dispels the point that seems to be the reason for disapprovalWill be done.
If you think you have no idea, consult with an administrative scrivener about the content of the application that was disapproved and your situation, etc., ask them to consider why you were disapproved, and take measures to reapply. It is also possible to receive it.
Permit rate and disapproval rate are just general theory.
The most important thing is that you, who are aiming to apply for naturalization, are permitted to naturalize.If you are concerned about the probability of being rejected, pleaseClimb Immigration Lawyer Officeplease consult.