日本語 English Tiếng Việt 中文 Português Indonesia
HomeArticles & GuidesNaturalisation

Do unpaid child support and a past overstay affect naturalisation?

Foreigners Employment Support Organization (FESO) / Published  / Last updated

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)

Answer

Unpaid child support and a past overstay can both count against you on good conduct. Where these 2 things overlap, an application for naturalisation now carries a high risk of denial. Solving the child support problem, and building a clean record over a period of time, are the important steps.

What is this enquiry about?

An enquiry from a 3rd-generation person of Japanese descent with unpaid child support after a divorce and a past overstay.

How does unpaid child support affect good conduct?

Whether you honestly meet your duty to support your family is checked strictly, and this can be a serious risk.

A naturalisation application checks strictly whether you honestly meet your duty to support your family. Even where the other side has refused contact, your duty as a parent to support your child continues. Where the duty to pay child support is not met, it is said that the examiner is likely to judge that you lack the sense of responsibility expected of someone who is to become a Japanese national.

Ways to deal with this include the following: make an effort to contact the other side and discuss what is owed and what you will pay in future; pay the child support that is overdue; leave evidence that you are willing to pay, for example by content-certified mail, even if the other side will not talk; and explain honestly at the application that you intend to meet your responsibility from now on.

How does a past overstay affect good conduct?

In terms of obeying the law it is treated as a very large minus, and enough time has to pass.

Illegal overstaying is a serious breach of Japanese law, and it is judged as directly failing the requirement of 素行が善良であること (good conduct). There is no clear published guideline. In practice, a certain period after the overstay is resolved, generally around 7 years to 10 years, is often said to be a guide figure. With 6 years passed, that may be too short to be judged as enough time. It is worth considering waiting a few more years, building a record of perfect compliance with your tax duties and with traffic rules, and applying then.

How should I deal with all of this together?

Solving the child support problem comes first, and then you build up a clean period.

Because unpaid child support and a past overstay overlap, and these 2 things sit together, an application for naturalisation now is thought to carry a high risk of denial. Being of Japanese descent is said to be unlikely to be a strong enough advantage to outweigh these minus points.

  1. Solve the child support problem first: make a plan to pay what is overdue, settle it if you can, and restart regular payments.
  2. Put your application off: build up a clean period of at least several years since the overstay, obeying the law and keeping a stable job and a stable financial base.
  3. Careful preparation with a specialist: write a detailed 上申書 (letter of explanation) showing your remorse and your intention to reform, and ask a specialist (a gyoseishoshi) to support you with the timing of the application and the drafting of documents.

The public duties and the conduct of family members living with you (your spouse or your parents) can also affect the screening, as the household is treated as jointly responsible.

Frequently Asked Questions

How is unpaid child support treated in naturalisation screening?

Whether you honestly meet your duty to support your family is checked strictly, and if payments stay unpaid, this can count against you on good conduct.

How many years after an overstay is it safe to apply?

There is no clear published guideline. In practice, a period of generally around 7 years to 10 years after the overstay is resolved is often said to be a guide figure.

Does the conduct of family members living with me affect naturalisation screening?

Naturalisation screening has a household-level aspect. Where a family member living with you has unpaid tax or a serious criminal record, there are cases of denial on the basis of joint household responsibility.

Related Articles

Free consultation

Tell us your situation and we will answer it directly. Available in Japanese and English.

Get a free consultation

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.