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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
Hello,
I just want to asked regarding registration of birth of my unborn child. Is it possible to put her under my dependent on visa application if her surname is different than mine? My visa status is humanities, im not married to the father and he is also a foreigner under sofa status, we want to use his surname the same as our first child but we are worried she wouldn’t get a visa if we do so.
Im hoping for your respond. Thank you and have a good day!
Thank you for your inquiry.
First things first,
a municipal office is in charge of birth registration ,
and the Immigration Bureau is in charge of visa status application .
The Immigration Bureau perfectly comply with the municipality’s determination regarding a birth registration.
So if your baby’s family name as unmarried father’s family name is accepted by municipality, the Immigration Bureau will process this as “done”.
Which means, visa status application screening is not influenced by this issue after a birth registration is done at a municipal office.
So you have to focus on whether naming your baby’s family name as her unmarried father’s family name can be accepted or not at a municipal office in Japan.
Municipalities in Japan take their stance to comply with determination of the authority of applicant’s country in response to your request if it is possible to name your baby’s family name as unmarried fathers ‘s family name.
So whether you can write your baby’s name as unmarried father’s family name on registration application form totally depends on the institution of the applicant’s country.
If you’re from the US, you need to obey the rules based on law or ordinance of the US regarding how you can name your baby.
If the US accepts your request, your can register your baby’s name as you request in Japan. I am not quite sure but you probably need your country’s certificates of baby naming in registration.
All you need to do is to make an inquiry concerning baby naming procedure to your country’s embassy before a birth registration inquiry to municipal office.
Hello,
My husband and I fall under “Case 2: Both parents are a non-Japanese” category. We are currently in the process of preparing all the necessary documents and filling out the application for Permission to Acquire Status of Residence for our newborn. The form requires us to fill out the sections concerning a Guarantor in Japan and a Legal Representative. My husband has a work visa in Japan, can he act as the guarantor or does he need his company to act as one? As for the legal representative, does a parent act as a legal representative in this case?
Your advice is greatly appreciated!
Thank you for your inquiry
Legal representative is the one who carries out procedures in place of someone. In case of you, legal representative is you or your husband who apply for the Permission to Acquire Status of Residence in place of your newborn baby.
A guarantor for your baby should be a person who takes charge of a legal representative. If you are the legal representative, you become a guarantor of your baby and if your husband is the legal representative, your husband becomes a guarantor of your baby. Thus, “Legal representative” is equal to “Guarantor”
I really don’t know what your application form you are now filling out like, but I think name of a person who is filling out application need to be put in the blank column of “legal representative” and also in the blank column of “guarantor”.
こんにちは。聞きたい事があります。私の赤ちゃんですが今１０ヶ月なんですけれど、まだimmigrationにいってないです。どうすればいいですか？ちなみに何を持ってけばいいですか？全部わからなくって。教えてください。お願いします。
お問い合わせありがとうございます。
お問い合わせ内容から、まだお子さんの在留許可申請をされておらず、10ヶ月たってしまったという状況だと見受けられます。
あなたの家族構成がわからないので、はっきりと断言はできませんが、あなたとあなたの旦那さんは外国籍で、
お子さんも外国籍であるという前提で話を進めます。
現在あなたのお子様はオーバーステイ(overstay)という状況になります。 本来はお子様が生まれて30日以内で在留許可申請をしなければなりませんが、申請をせずに期限を過ぎてしまいますとお子様はオーバーステイになります。あまり良い状況とは言えません。
あなたがまずすべき事はお住まいの地区を管轄している入国管理局(immigration)に、必要書類を持って出頭する事です。
その後入国管理局で担当者と面接(事情の説明を求められます。)があり、お子様の在留許可の審査があります。
入国管理局に持っていく書類は以下のものです。
身分証明書
在留カード
住民票
在職証明書
住民税課税証明書
納税証明書
出生届受理証明書
申告文書(なぜ出生から30日以内にお子様の在留許可申請を行わなかったかの説明を書く)
こちらを用意して入国管理局に行ってください。
細かい指示は面接時に担当者から伝えられると思います。
お子様の在留許可が下りるかどうかは現段階ではまだわかりません。
わからないことがあればメールしてください。
wooky_wooky_mooky@yahoo.co.jp
Hi,
I have a problem with my new born baby visa. Do i need to make the passport before i collect my baby’s residence card?
Immigration office is busy they are not answering calls..
Thanks..
Iroshin
I married to my japanese husband last September 27,2018 but im pregnant with another japanese man, may baby can get a japanese citizen? Ofcourse i know my husband he deny my baby. And the real father he willing to give his name to my baby. what will happen?
According to Civil Law Act, article 772 “Presumption of Child in Wedlock”,
In short, if a wife gets pregnant during marriage, even if a child was born between a wife and her lover, a child’s father is presumed to be your husband.
Please check this article What if you get pregnant without marriage in Japan? What about your visa status? and What about your unborn baby visa status?
こんばんは
私はフィリピン人(永住者)で夫はトルコ人です。2017年10月に娘が生まれ、産後4ヶ月頃に品川の入管に行ったところ、産後30日以内に手続きをしないとオーバーステイになるとの説明を受けました。
私も夫も初めての子供のため、入管に手続きしなければならないという概念すらありませんでした。
入管から指示された手続きをしてから1年が経ちますが、入管に状況を確認しても電話を待てという説明しかありません。
本当に電話をただただ待つしかないのでしょうか。
少しでも早く子供のビザ貰える方法はないのでしょうか。
娘は仮放免の状態のため(3カ月毎に入管で承認印をいただく手続きをしています)、当然ビザがなく保険証を取得できず風邪を引いても病院にも実費でしか行けない状況です。
生活が非常に苦しいですが、娘を一人にする事もできないため働く事もできずにいます。
今後保育園、幼稚園にも入れない問題も生じてくるため少しでも早く解決したいと考えています。
アドバイスをよろしくお願いいたします。
メッセージありがとうございうます。
大変に複雑な状況、心中お察しします。
まず最初に私はビザの専門家ではないため、適当はアドバイスはできません。そのため一般論でお話しいたします。
まず、一般的に、仮放免というのは、強制送還までの間、外国人の請求によって収容所に送致されずに条件付きで身柄を解放する措置のことです。仮放免の申請手続きをしているということは強制送還の為の退去強制令書が発行されているはずです。
入管がお子さんの処遇に対してどのような審査を行ったかわかりませんが、つまり、一般的に仮放免は強制退去までの猶予期間ということになります。
これ以上は弁護士に相談するべきです。 ビザ取得専門の弁護士に一回無料相談してみてはいかがでしょうか？
Hello… im a Filipina,im already divorced for 3 years and now I’m pregnant. The father of my child is a American and married man to a Japanese woman.
What are the things and documents needed to pass when times come? And oh by the way, I’m under sekaitsu hogo too.
Thank you in advance for the reply.
Thank you for your message to my post. I just summarize the overview of procedures under below which you required to do after you give birth in Japan. But please remember that the following procedure method is a quite orthodox one which doesn’t always correspond to every individual case. Especially, you are under public assistance and there are some required documents and certificates you can’t prepare at the moment. I strongly recommend you to talk about your situation to an officer of an immigrant district office and also a municipal office in advance before you start moving.
And you also think about the situation how you should do for the treatment of a child’s father when you register your child’s birth at a municipal office.
Things you need to is the following things.
1, Do registration of birth at a municipality where you live.
2, Go through a procedure of application for a certificate of eligibility at an immigrant office
3, Report your child’s birth to your country’s embassy.
Do registration of birth procedure
Where you go
A municipality office that has jurisdiction over where you live
What to prepare
1 Birth certificate (which you can get from a hospital that you give birth)
2 Inkan or your signature
3 Maternal handbook (Boshitecho which you can get from a municipal office when you submit a pregnancy notification)
4 national health insurance card (if you have)
Until when to submit
Within 14 days after giving a birth
The procedure of application for a certificate of eligibility
Where to go
An immigrant district office close to your living place
What to prepare
1 Application form (which you can get at an immigration office or you can download from the website of the Ministry of Justice)
http://www.moj.go.jp/content/000103474.pdf
2 copy of your passport
3 copy of your residence card
4 certificate of employment
5 resident tax certificate
6 other documents as needed by the authority
Report your child’s birth to your country’s embassy
Notice your child’s birth to your country’s embassy in accordance with the required way.
Regards
Yu Oi
Thank you very much for your helpful post. Neither my wife nor I are Japanese, but we live in Japan and have a long term visa. My wife plans to return to her home country to deliver the baby. In this case, is the only option to apply for the certificate of eligibility after the baby is already born abroad and has a passport? I’m not sure how to complete the application for the certificate for a newborn. Do I still need to supply the passport number and photo of the baby on the application? If we need to go through this process, does it mean that my wife and baby cannot return to Japan until all procedures are complete?
Thank you very much for your comment and I am really sorry to reply you late. I am going to explain your baby’s visa on the premise that you and your wife already have work visa in Japan.
1) Your wife and baby can’t come to Japan until baby is granted “dependent visa”
Basically, if your wife plans to give a birth to your baby in her country, your baby can’t come to Japan until your baby acquire “dependent visa” from the immigration bureau. Actually, there is nothing that you cannot have your baby come to Japan. If using three-month-tourist visa, you can let your baby come to Japan. However, your baby’s visa acquisition screening will not be necessarily done within 3 months and if the type of visa is different from what you apply for, your baby need to go back to your wife’s country for the moment and come to Japan again. When you think this way, your wife and your baby had better stay in your wife’s country until all procedures are done.
2) Things you need to prepare before applying for your baby’s certificate of eligibility.
a) Your wife or a substitute gets baby’s passport in her country.
b) Your wife gets your baby’s certificate of birth at a municipal office in her country.
c) You and your wife’s certificate of employment
d) Resident tax taxiation certificate
e) Tax payment certificate
f) You and your wife’s residence certificate (card)
g) your baby’s photo 4cm x 3cm
You continue living in Japan so you apply for the certificate of eligibility by proxy in Japan. Regarding a) and b), you just ask your wife to have your baby’s passport number and send your baby’s certificate.
If you still have something you are not really clear, feel free to ask me. I would like to answer it as long as I know.
hi,gudafternun.I just want to ask question about the situation my son.ill just gave birth this march 28 2020 in the philippines,but im a permanent residence in japan.The father of my son his a japanese national,the problem now i cannot get the birth certificate of my son in the hospital because the father cannot sign the acknowledgement paper.The father of my son cannot go in the philippines because of the situation right now,about the corona virus.What can i do because we dont want to loose the japanese citizenship of the baby.?
Thank you very much for your comment. I know how you must feel in this harsh situation. Did you ask the hospital if the baby acknowledgement document can be sent by mail to your son’s father or if the hospital can send the document as PDF file by e-mailing. Did you talk to the hospital about the current situation where your son’s father cannot go to where you are and you can’t get his signature on the document?
Hi! My husband is a permanent resident while my visa is spouse of permanent resident that has a 1 yr period of stay. Can i apply my new born baby a permanent visa instead?