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）
You have to file a 在留資格取得許可申請 at the 地方出入国在留管理局 (Regional Immigration Services Bureau) within 30 days of the date of birth. Japan's Nationality Act follows the principle of descent through either parent, so being born in Japan does not automatically give a child Japanese nationality. The child therefore needs a status of residence of their own, separate from the parents' status of residence. You also file a 出生届 at the city or ward office within 14 days of the date of birth.
An explanation of the status of residence procedure where a child is born in Japan to a couple who are both foreign nationals.
Japan follows the principle of descent through either parent, so being born in Japan does not automatically give a child Japanese nationality.
Japan's 国籍法 (Nationality Act) adopts the principle of descent through either parent (国籍法第2条). In other words, whether Japanese nationality is given is decided by the nationality of the parents, not by the place of birth.
For that reason, being born in Japan does not automatically give a child Japanese nationality. Cases such as one of the parents being a Japanese national are the exceptions, and there are also provisions under which Japanese nationality is given where neither parent is known, or where neither parent has a nationality (that is, where they are stateless).
So, for a child born in Japan to parents of foreign nationality to continue living in Japan, the child has to obtain a status of residence of their own, separate from the parents' status of residence. If this is not done, the child may end up in a state of unlawful residence, so it needs to be done promptly.
You file the 出生届, then carry out the procedure on nationality, then file the 在留資格取得許可申請.
The procedure on nationality and the status of residence application need to be carried out in parallel. Keep in contact with both the embassy or consulate and the 地方出入国在留管理局, so that the procedures go smoothly.
Mainly the application form, the birth certificate, and documents on the parents' status and income.
If the documents you submit are incomplete, screening may take longer, or the application may be denied. Documents in a language other than Japanese need a Japanese translation as a rule. If a parent's status of residence has lapsed, or there is a problem with a parent's record of residence, this affects the child's application as well. It is assumed that the parents themselves hold a lawful status of residence.
As a rule, the same status of residence as one of the parents.
The status of residence of the child who has been born will, as a rule, be the same as that of one of the parents. For example, if the father holds 在留資格「技術・人文知識・国際業務」 (Engineer/Specialist in Humanities/International Services), the child will also obtain 「技術・人文知識・国際業務」.
However, depending on the parents' status of residence, the child may not be able to obtain the same status of residence, or a more suitable status of residence may need to be considered. This applies, for example, where the child is born while the parents are staying with 「短期滞在」 (Temporary Visitor). If you are unsure, please consult the 地方出入国在留管理局 and check which status of residence is appropriate.
Explain your situation to the 地方出入国在留管理局 promptly and follow their instructions.
As a rule, the 在留資格取得許可申請 is filed within 30 days of the date of birth. Within this period, your child can stay in Japan lawfully.
If the period passes, the procedures that follow can become complicated. Unless there is a special reason, please be sure to apply within the deadline. If a special circumstance meant that you could not apply within the period, please explain your situation to the 地方出入国在留管理局 promptly and follow their instructions. Depending on the reason for the delay, the child may be regarded as staying unlawfully.
The 出生届, the procedure on nationality and the 在留資格取得許可申請 all have deadlines. Start early, with time to spare, and if anything is unclear, speak early to the enquiry desk of the 地方出入国在留管理局 or to a specialist such as a gyoseishoshi.
Related reading: What procedures are needed when a child is born in Japan?
As a rule, within 30 days of the date of birth, at the 地方出入国在留管理局. Within this period, your child is exceptionally allowed to stay in Japan lawfully.
「短期滞在」 is, as a rule, not intended for a long stay. For the child to continue living in Japan, steps may be needed, such as one of the parents changing to a status of residence that allows work. Please consult the 地方出入国在留管理局 first.
Generally the 出生証明書 prepared by the doctor or the midwife, the parents' passports and 在留カード, a seal, and so on. This differs from one municipality to another, so please check in advance with the office where you will file it.
As a rule, your child's 在留資格取得許可申請 is filed on its own. Please handle it separately from the parents' extension of period of stay. Depending on the circumstances they may be able to be handled together, so please check with the 地方出入国在留管理局 in advance.
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This page is a translation of the Japanese original. Where the two differ, the Japanese version prevails.