Permanent Residence and Naturalization in Japan: Is Permanent Residency a Prerequisite for Naturalization?#

For foreign nationals considering a long-term future in Japan, “Permanent Residence” (Eijuken) and “Naturalization” (Kika) are two pivotal options. These two systems are often confused, leading to a widespread misconception that one must first obtain Permanent Resident status before applying for naturalization. However, this is not correct. This article will objectively clarify the legal standing and relationship between Permanent Residence and Naturalization, explaining why the former does not function as a prerequisite for the latter.

Fundamental Differences Between Permanent Residence and Naturalization#

First and foremost, it is crucial to understand that these are two entirely distinct legal systems.

Permanent Residence (PR) Permanent Residence is a status granted under the Immigration Control and Refugee Recognition Act. It is an “approval” from the Minister of Justice that allows a foreign national to reside in Japan indefinitely without any restrictions on the period of stay, while retaining their original citizenship. It also removes restrictions on activities, providing greater freedom in career choices. However, the individual remains a foreign national. As such, they do not have the right to vote in Japanese elections and can still be subject to deportation in cases of serious legal violations.

Naturalization (Kika) Naturalization, on the other hand, is a process governed by the Nationality Act. It is the procedure through which a foreign national acquires Japanese citizenship and legally becomes a Japanese citizen. Upon approval, the individual is issued a Japanese passport, gains the right to vote and run for public office (suffrage), and becomes eligible for civil service positions. They assume the exact same rights and obligations as any other Japanese citizen and are no longer subject to deportation. In principle, naturalizing as a Japanese citizen requires renouncing one’s previous nationality.

In summary, Permanent Residence is the “final form of a status of residence,” whereas Naturalization is a “change of nationality.” They are based on different laws and serve entirely different purposes.

Why Permanent Residency Is Not a Prerequisite for Naturalization#

To state the conclusion directly, the legal requirements for a naturalization application do not include “holding Permanent Resident status.” Article 5 of the Nationality Act outlines the general requirements for naturalization as follows:

1. Residence Requirement: Having a domicile in Japan for five or more consecutive years.
2. Capacity Requirement: Being 18 years of age or older and having the capacity to act according to the laws of their home country.
3. Good Conduct Requirement: Being of good conduct (this involves assessing tax payments, fulfillment of public duties, criminal records, and traffic violations).
4. Livelihood Requirement: Being able to secure a livelihood through their own assets or skills, or those of a spouse or other relatives who share the same household.
5. Prevention of Dual Nationality Requirement: Not having any other nationality, or being willing to lose their foreign nationality upon the acquisition of Japanese citizenship.
6. Constitutional Compliance Requirement: Not having plotted or advocated for the overthrow of the Constitution of Japan, nor having formed or joined a group with such intentions.

As is evident, none of these conditions require the applicant to be a Permanent Resident. Therefore, an individual who has resided in Japan for over five years on a work visa, such as “Engineer/Specialist in Humanities/International Services” or “Business Manager,” can legally apply directly for naturalization without first obtaining Permanent Residence, provided they meet all other criteria.

Why Does the Misconception Exist?#

There are several reasons why this misunderstanding is so common.

One reason is the similarity in requirements. To obtain Permanent Residence, an applicant is, in principle, required to have lived in Japan for “10 or more consecutive years.” For naturalization, the requirement is “five or more consecutive years.” Because both systems are based on a long and stable period of life in Japan, it is easy to imagine a “step-up” process: 10 years for PR, and then naturalization beyond that.

The overlap in the screening process is another factor. Both PR and naturalization applications involve a rigorous examination of the applicant’s stable income, assets, payment history of taxes and social security premiums, and any history of traffic violations or criminal activity. The similarity of these processes can lead people to perceive PR as a preliminary stage for naturalization.

Finally, the common pathway chosen by applicants also contributes to this view. Many foreign nationals are initially hesitant to change their citizenship. They first seek to stabilize their residency status by obtaining PR. Later, after careful consideration and due to changes in their family situation or future plans, they may decide to apply for naturalization. This common trajectory can reinforce the mistaken belief that obtaining PR is a necessary first step.

Conclusion#

Permanent Residence and Naturalization are both critical procedures for building a long-term foundation in Japan, but they are fundamentally separate systems. Legally, Permanent Residence is not a prerequisite for a naturalization application. Even without holding PR status, anyone who meets the requirements stipulated in the Nationality Act can apply directly for Japanese citizenship.

The choice between these two paths is a deeply personal one, dependent on your feelings about your nationality, your career plans, and your family relationships. It is essential to accurately understand the purpose and requirements of each system to make the best decision for your own future.