Can minor foreigners be naturalized?Can't you naturalize if you're a student?

"Can students and minor foreigners apply for naturalization?"

This is one of the frequently asked consultations.
Some of you may be wondering, "Why is being a student or being a minor a problem?"
It is one of the conditions for permission to naturalize."People who apply for naturalization must be at least 18 years old and have the ability to act according to the law of their home country" (Ability requirements）Because there is such a thing.

In this columnCan students and minor foreigners apply for naturalization?An administrative scrivener who is a professional in naturalization application will answer the question in an easy-to-understand manner.

XNUMX. XNUMX.Required item for naturalization application "Ability requirements"

▼ What are “ability requirements”?

One of the conditions for naturalization "Ability requirements"For foreigners applying for naturalizationOver 18 years old■AndAdult age according to the law of the home countryIt means that "that" is a condition.

Since the age of majority differs depending on the country, depending on the law of the foreigner's home country,``Even though he is an adult under Japanese law, he is not recognized as an adult under the laws of his home country.''That can happen.Therefore, there are cases where it is not possible to apply for naturalization in Japan.

*Until now, the age of adulthood in Japan was set as 20 years old under the Japanese Civil Code, but the revised Civil Code will lower the age of adulthood in Japan to 2022 years old from April 4, 1. .

▼ What happens if the age of majority is different under the laws of your home country?

For example, the adult age in South Korea is 19 years old, but in Indonesia it is 21 years old.It is important to note that these "adult age regulations vary from country to country".
So, like in South Korea, where a person is an adult at the age of 18 under Japanese law (under the revised Civil Code), but is a minor under the laws of their home country, will they be allowed to naturalize?

The answer is,DO NOT.
Meet the competency requirements to be granted a naturalization application in Japan when you have reached the "age of majority" both in Japan and your home country.Therefore, as in this case, if the person is a minor under the laws of his or her home country, he or she will not be able to meet the competency requirements and will not be allowed to naturalize.

XNUMX.Can minors and students apply for naturalization?

▼ Even minors may be able to apply for naturalization

Mainly in the following cases, an application for naturalization is allowed even if the person is a minor, pursuant to Article 8 of the Nationality Act.

• -When applying for naturalization with father or mother or parents
• -If the father or mother is a Japanese national (including those who are naturalized Japanese)

This is the ability requirement (8 years old or older) required by Article 5 of the Nationality Law for "children of Japanese nationals (excluding adopted children) who have an address in Japan" in Article 1, Paragraph 2, Item 20 of the same law. This is because the law of the home country stipulates that it is not necessary to have the ability to act.

In this case, the livelihood requirements (having assets or income above a certain level) are not required for minor foreigners.however,Action requirementsmust be met.

▼ Even students may be able to naturalize

Even if you are a foreign student, you can apply for naturalization mainly in the following cases.

• -When applying for naturalization with father or mother or parents
• -If the father or mother is a Japanese national (including those who are naturalized Japanese)

In addition, in order for foreign students to apply for naturalization alone rather than with their parents, basicallyThose who have lived in Japan continuously for 10 years or more and who are 20 years or olderMust be.Furthermore, in this caseAction requirementsOf course,livelihood requirementsmust also be met.

XNUMX. XNUMX.Examples of patterns that even minors and students can naturalize

less than,A pattern that even "minors" and "students" can apply for naturalizationI will introduce them all together.please refer.

• ・ When applying for naturalization with parents
• ・ If either of the parents is Japanese
• ・ If both parents and myself are born in Japan
• ・ If you have lived in Japan for more than 10 years and are over 20 years old
• ・ If you are an adult special permanent resident
• ・ If you are married to a Japanese person * You have lived in Japan for 3 years or more, or have been married for 3 years and have lived in Japan for 1 year or more.

XNUMX.Cases where minors cannot be naturalized

Even if a minor applies for naturalization with his parents,The content of the naturalization application is examined for each individualWill be
As a result, they are not allowed to receive a "The naturalization application of the parents was approved, but the naturalization application of the minor child was not approved.' and vice versa.

Finally

If the naturalization applicant is under 15 years old,Legal representative(father or mother) will apply for naturalization on behalf of the person.
There are basic conditions for applying for naturalization, but the degree of likelihood of being granted depends on the person's nationality, family background, history of stay in Japan, and way of life.
Please note that rather than examining each condition for naturalization one by one, the decision will be made based on a comprehensive examination of all aspects of the person.

"I want to naturalize, but can I apply?""What kind of documents should I prepare?If you are at a loss, by all means,Climb Immigration Lawyer OfficePlease consult