My spouse may be transferred abroad. When should I apply for 帰化 (naturalisation)?

This article is a translation of the Japanese original. Where the two differ, the Japanese version prevails. Read the Japanese original（日本語版を読む）

What is this enquiry about?

The enquirer has been married to a Japanese national for 3 years and lives in Japan. They are unsure whether to apply for naturalisation before or after their spouse's overseas transfer.

Which matters more, the marriage or living in Japan?

Neither one alone is what matters. Both are needed.

For an application for naturalisation, both the marriage to a Japanese national and the stay in Japan are important.

• Marriage to a Japanese national: if the marriage has lasted a long time and the couple really live as a married couple, this is assessed as showing how settled you are in Japanese society and how strong your ties with Japan are.
• Staying in Japan: one of the requirements for naturalisation is the residence requirement, that you must have had an address in Japan for at least 5 years without a break.

The enquirer is married to a Japanese national and has lived in Japan for 3 years, so we can say that these requirements are met.

How does a spouse's overseas transfer affect an application for naturalisation?

The continuity of the residence requirement may be judged to be broken.

The naturalisation requirement of having an address in Japan for at least 5 years without a break means keeping the base of your life in Japan continuously. If you go abroad with your spouse on a transfer and leave Japan for 3 to 5 years, this continuity may be judged to be broken. It may also be judged that the base of your life in Japan was lost for a time while you were abroad.

When is the best time to apply for naturalisation?

If the transfer is already decided, applying before the transfer is the safest option.

• Before your spouse's transfer: if the transfer is decided and you will certainly leave Japan soon, applying before the transfer is the safest option. But screening can take 1 year or more, so you need to apply with plenty of time to spare.
• After your spouse comes back: you can also apply after you return and have built a stable base of life in Japan again. If the marriage has lasted 3 years or more, you fall under 簡易帰化 (simplified naturalisation), and you can apply 1 year after you come back to Japan.
• Applying during the transfer: this is not impossible in theory, but screening is likely to be stricter, and permission is thought to be less likely.

An application for naturalisation is a complex procedure. It is recommended to talk in advance to the 法務局 (Legal Affairs Bureau) with jurisdiction over your area, explain your situation in detail, and follow their instructions.

Frequently Asked Questions

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• What should a person with dual nationality watch for when applying for 帰化 (naturalisation)?
• Changing jobs before a naturalisation application: when should I submit?

This article provides general information. Immigration rules change, and outcomes depend on individual circumstances. Please check the Immigration Services Agency website or consult a qualified specialist.
This page is a translation of the Japanese original. Where the two differ, the Japanese version prevails.