Japanese citizenship on a tourist visa

I was living in Japan for 10 years and recently returned home to upgrade my career etc. I am no longer a resident of Japan. I still have my Japanese driver's license and credit cards though.

I am seriously thinking of renouncing my citizenship and applying for Japanese citizenship. I know one has to either be married to a Japanese national and living in Japan for 3 years or unmarried and living in Japan for 5 years in order to qualify to apply. I was thinking of going to Japan as a tourist and renouncing and applying. If someone successfully renounces citizenship they have become stateless. At that point the MOJ has no choice but to accept or reject the application.

I wonder if having a Japanese driver's license, credit cards and still valid un-official address in Japan would count towards some form of legal but non-official status of residence? I've never heard of a case like this before. Renouncing while on vacation sounds almost like old school defection.

Anyone have any experience with this sort of situation?

I don't know how long you have been away from Japan, but you no longer have any resident status for Japan, correct? Then there is no chance for you to get even Permanent Resident status, not to speak of Naturalization. I believe you need to have lived in Japan for 10 years (on some kind of valid resident status, such as work) before you can apply. If you apply from Temporary Visitor status, that raises a flag immediately. And they say from Spouse (for example) to Permanent Resident application, allow 6 months or so for review; so it is likely that your application will not even been accepted. Also when you say valid un-official address, does that mean you left Japan without notifying city hall of your departure? Have you been paying resident taxes on it recently?

Becoming stateless on a tourist visa is a good way to get yourself stuck in a foreign country. I agree with the above poster; you needed to have remained in Japan to have been able to apply for citizenship.

I would strongly recommend consulting with a lawyer as some countries have steps in place to prevent exactly what you are planning. First you'll have to check with UK law as they may prohibit renunciation to statelessness as some countries do. Second, being stateless in Japan is not like other resident statuses and has many more risks and hurdles on the path to citizenship.

You've already been a resident once, so I would suggest taking the easy path and entering again via a work visa. If citizenship (or PR) is your goal than this will be the fastest, simplest route.

Some more info:

If someone successfully renounces citizenship they have become stateless. At that point the MOJ has no choice but to accept or reject the application.

Not true. There are many prerequisite steps, but assuming you become confirmed stateless you'll still need to reside in Japan for 3 years (with special approval) before you can apply for naturalization. Approval is not guaranteed.

More worrisome, being stateless doesn't seem prevent you from being deported and/or indefinitely detained. Read this for more info:

http://www.unhcr.org/4ce643ac9.pdf

I wonder if having a Japanese driver's license, credit cards and still valid un-official address in Japan would count towards some form of legal but non-official status of residence?

No those can be used as ID and domicile purposes, but status of residence is your immigration status, not where you reside.

There are many errors here. First of all you don't need to wait three years being stateless. This never happens in Japan and would never happen. You are either qualified to apply for citizenship or you are not. If you have been married for 3 years and are still living in Japan or have been residing in Japan unmarried for 5 years and still living in Japan you qualify to apply for citizenship.

Second, as I just found out your embassy / govt will need to approve the renunciation. As an American it's easy because you don't need to be a resident of another country to renounce. If you're from the Commonwealth it's more difficult as you actually need to be a resident of another country in order to renounce.

So in my case the problem is I am not a resident of another country i.e. Japan so I can't even renounce lol

Ironically you first have to be able to renounce before you can be eligible to apply for citizenship in another country. Again, easy if you're American, not if you're from Commonwealth.

This is related to what countries signed certain international agreements in the 60s and 70s etc. America is not a signatory of a particular agreement so Americans can essentially "defect" at any embassy in the world since Americans don't need to be a resident of another country to be allowed to renounce. Brits, Assies, Canucks etc need to be a resident of another country first to be eligible for renunciation.

So actually Americans can renounce citizenship at the embassy in Japan and Brits etc cannot.

After that it's up to the MOJ to decide if that individual can apply for Japanese citizenship. Which they will mostly likely deny if you are not already a resident of Japan.

But this is actually a special case which I believe no one has attempted before in Japan while on a tourist visa so yes I am consulting.

And to the other poster. Permanent Residence is quite easy if you have a solid job. 6 years is about the average wait for anyone with a good job (non Eikaiwa teacher) and from G7.

I never applied for PR because it involves other tax issues.

If you're from non G7 i.e. China or Brazil you will be waiting around 15 years to get permanent residency especially if you're not married to a Japanese National. Again they can renounce just like my Chinese friend did. She's a nurse in Japan and renounced easily and got a Japanese passport within a year. It's easy to get a Japanese passport. The harder part is cutting ties with your mother land.

There are many errors here. First of all you don't need to wait three years being stateless. This never happens in Japan and would never happen.

It's a three year wait according to Article 7 of the Nationality Act.
http://www.moj.go.jp/ENGLISH/information/tnl-01.html

Second, as I just found out your embassy / govt will need to approve the renunciation.

Yes, this is what I was alluding to in my first post. Some countries bar their citizens from renunciating to statelessness. Apparently the UK is one of them.

As an American it's easy because you don't need to be a resident of another country to renounce.

It's not quite that simple to renounce US citizenship, but that is a discussion for another day.

So in my case the problem is I am not a resident of another country i.e. Japan so I can't even renounce lol

Yes, as I stated in my post, this will the the first hurdle.

After that it's up to the MOJ to decide if that individual can apply for Japanese citizenship. Which they will mostly likely deny if you are not already a resident of Japan.

Yes, I think that would be the case too. And I believe the stats are similar to those applying for refugee status with the overall numbers being quite low (low double digits per year).

But this is actually a special case which I believe no one has attempted before in Japan while on a tourist visa so yes I am consulting.

It's not unique, people ask this here every few years. I think everyone basically gives up once they speak to a lawyer and realize that there are far easier routes to pursue. What I'm wondering is why you are considering this route since you can and have had long term residence in Japan before. This is likely not a shortcut for you.

And to the other poster. Permanent Residence is quite easy if you have a solid job. 6 years is about the average wait for anyone with a good job (non Eikaiwa teacher) and from G7.

You'll have to be married to a Japanese national too, otherwise they won't even look at your application until 10 years have passed. Naturalization can actually be easier and faster to get than PR btw. The wait times are shorter.

I never applied for PR because it involves other tax issues.

Tax issues depends on your nationality. For many there can be no difference since "tax resident" status typically comes way before PR.

After that it's up to the MOJ to decide if that individual can apply for Japanese citizenship. Which they will mostly likely deny if you are not already a resident of Japan.

So, they will deny because you are not resident. Then they will take you to a detention centre (they do not have a good reputation, and you will be in limbo indefinitely.

If I were employing someone and look at your cv/history, forget it - too much trouble. A badly thought out plan.

No one here goes through that situation.

Naturalization only goes to current residents of japan being that they also lived there 5-10 years depending on their status CONSECUTIVELY. Op already left. Furthermore coming as a tourist does not give you a resident card.

Becoming stateless is also a really bad and irreversible idea and I sincerely hope you (Op) reconsider.

So, turn up in Japan on a 90-day tourist visa.
Go to the US embassy (usually twice) and pay the fee.
Become stateless, and invalidate the visa you are in the country on, so immediately overstayer, and eligible for arrest and deportation.
Go to Japan officials to apply for statehood (or at least change in visa status) - get deported for being in the country illegally.
They have no need or interest to give you a valid status to remain in the country.

Still a dumb idea.

He's from the UK

Go to Japan officials to apply for statehood (or at least change in visa status) - get deported for being in the country illegally.

This is the biggest question mark and problem that I see with this plan. It seems that even if you declare yourself stateless, immigration seems to have the option to detain and deport you back to your "home country" (if they will accept you). The case can be made that your previous country is still your home country regardless of you declaring yourself stateless. This is speaking in a general sense of course. The UK specific rules on statelessness probably preempt this situation from occuring.

Plus, it also becomes obvious they are in the country on false pretenses having made a false declaration on an official document when arriving in the country - grounds for getting kicked out and not getting the "help" they are after.