- 1 Make sure a new born baby needs to be applied for Permission to Acquire Status of Residence in 30 days
- 2 Important points of Permission to Acquire Status of Residence
- 3 Nationality of a baby born in Japan
Make sure a new born baby needs to be applied for Permission to Acquire Status of Residence in 30 days
If you are not Japanese and your marriage partner is also not Japanese.
When you give birth to a baby you’re going to apply for Permission to Acquire Status of Residence to the Immigration Bureau in 30 days.
Things you need for this application
If you want to live with your baby in Japan for over 60 days from the day your baby is born. Your baby needs to have “Visa status”. Japan is the country of Jus Sanguinis in terms of the birth of a baby so principally baby born between non Japanese parents is not admitted as a Japanese citizen but treated as a foreigner although a baby didn’t come all the way from a foreign country located far across the sea from Japan.
So a baby will not be granted unconditionally a nationality of Japan but a baby is treated as a foreginer unless you don’t apply naturalization. So a new born baby would have a risk of deportation as a illegal overstayer but for going through visa status procedures
In a case where a baby hasn’t acquired a visa status even 61 days after the birth, a baby is regarded as an overstayer and is subject to deportation. Moreover, a baby’s resident registration will be terminated automatically and a baby shall be disqualified from receiving governmental services like heath insurance and child allowance.
Let’s see how you can take care of baby’s visa applications depending on the following 3 cases.
Case 1: One parent is a non-Japanese
Have the birth registered to both a municipality in Japan and the embassy of the country where one parent is from in Japan. If you not reporting a birth, a new born baby will not be granted nationality of mother’s country and baby’s passport will not be issued.
Case 2: Both parents are a non-Japanese
Have the birth registered to a municipality in Japan and the embassy of the country where a wife is from and also the one of the country where a husband is from in Japan
Action plan to take care of your baby’s visa status in Japan
- Have the birth registered to municipality
- Apply for Permission to Acquire Status of Residence to the Immigration Bureau in 30 days
- Have the birth registered to the embassy of the country where one parent or parents are from
- Go through procedures for getting children’s passport at the embassy
Important points of Permission to Acquire Status of Residence
You’re going to apply for Permission to Acquire Status of Residence to the Immigration Bureau in 30 days from the day when a baby is born. If you live in Japan with a baby for more than 60 days, you need this procedure. This 60 days is a term that a baby can stay in Japan without a visa status.
If you move out of Japan within 60 days after the birth of a baby, you don’t need to apply for Permission to Acquire Status of Residence for your baby. In this case, if you return back to Japan again, you need to re-acquire your baby’s status and Application for Certificate of Eligibility
Application for Certificate of Eligibility is a certificate to work or study in Japan or live with the family for a long period of time.
A visa status that grants to your baby is determined based on your visa status in Japan. For example, a baby born between parents who have a visa status “permanent resident” can be granted a visa status “permanent resident” when considering the circumstance of the family.
Nationality of a baby born in Japan
If you and your married partner are both non Japanese, a baby is regarded as non-Japanese, thus you need to apply for Permission to Acquire Status of Residence. Either one of both parents of a baby is from Japan, this family doesn’t need to apply for this permission and proceed with applications for acquirement of Japanese nationality.
If there is no marital relationship between parents
For example, in a case where a father is a Japanese and his foreigner mother is pregnant, if a father recognize that a baby in mather’s tummy is his baby. His baby’s nationality is Japan at the same time that the baby is born. Accurately, you have to notice the fact that you recognize the baby is yours to municipality by submitting a certificate of recognition.
If a Japanese father recognize that a baby is his after a baby is born, It is not legally that there is parent‐child relationship between a baby and a father. Therefore, applications for a visa status are needed. Baby’s visa status is decided by referring to a mather’s visa status. A baby is not qualified to acquire Japanese nationality at this time.
The difference between recognition of an unborn child and recognition of an born child
The big difference between regconition of an unborn baby and a born baby is whether or not a father can sign on birth registration at municipality. If you recognize a baby in your partner’s tummy as your baby, you’re going to have your baby registered to municipality with a certificate of recogtition when baby is born.
Even though there is not marital relationship between you and your partner, your name and your partner’s name is listed on a column of supporters of registration as a father and a mother of a baby.
In contrast, if you recognize a new born baby after the birth and you have your baby registered first but not submit a certificate of recognition at the same time with it,
this fact is recorded on remarks column and the father side of supporter’s coulmn of registration will be blank.
At the time you submit a certificate of registration, your name is listed on supporter’s column on registration certificate.
How can a baby get Japanese nationality with born recognition from a father
If a baby saisfies the following conditions, a baby is qualified to apply for the procedure of acquirement of Japanese nationality.
- A father recogonizes a baby as his child after the birth and submit a certificate of recognition to municipality.
- A child is under 20 years old
- A father is Japanese at the time baby is born
- A child has not every been Japanese