Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan

The purpose of this Act is to specify special measures relating to the Immigration Control and Refugee Recognition Act (Cabinet Order No. 319 of 1951; hereinafter referred to as the "Immigration Control Act") regarding persons who have lost Japanese nationality under the Treaty of Peace with Japan, and child of persons who have lost Japanese nationality under the Treaty of Peace with Japan, as defined in the following Article.

In this Act, "Persons who have lost Japanese nationality under the Treaty of Peace with Japan" means those who have lost their Japanese nationality in accordance with the provisions of the same treaty, on the date on which the treaty first took effect, and to whom either of the following items applies:

the person is one who has been residing in Japan continuously since September 2, 1945 or earlier.

the person is one who was born in Japan in the period from September 3, 1945 to the date on which the peace treaty first took effect; who has continued to reside in Japan since then; and whose biological father or mother has resided in Japan continuously since September 2, 1945 or earlier, until the relevant time of birth (if the father or mother was deceased at the time of birth, at the relevant time of death) and satisfies either of (a) or (b) below:

has lost Japanese nationality in accordance with the provisions of the Treaty of Peace with Japan, on the date on which the peace treaty first took effect;

has died by the date on which the peace treaty first took effect or lost Japanese nationality after birth by the date on which the peace treaty took effect; and but for such death or loss, would have been deemed to have lost Japanese nationality pursuant to the provisions of the Treaty of Peace with Japan on the date on which the peace treaty took effect.

In this Act, "child of persons who have lost Japanese nationality under the Treaty of Peace with Japan" means those persons: who were born in Japan as lineal descendants of persons who have lost Japanese nationality under the Treaty of Peace with Japan; who continue to reside in Japan since birth; and to whom either of the following items applies:

the person is the child of a person who has lost Japanese nationality under the Treaty of Peace with Japan.

excluding where the preceding item applies, the person belongs to a generation of the family of the relevant person residing in Japan, up to the grandchildren of the relevant person who lost Japanese nationality under the Treaty of Peace with Japan (where the relevant person residing in Japan is a grandchild of the relevant person who has lost Japanese nationality under the Treaty of Peace with Japan, the relevant grandchild; hereinafter the same in this item), and that person's father or mother: was born in Japan as a lineal descendant of persons who have lost Japanese nationality under the Treaty of Peace with Japan; and has since then continued to reside in Japan until the birth of the person from the relevant generation (if deceased at the time of birth, at the relevant time of death).

A Person who has lost Japanese nationality under the Treaty of Peace with Japan or who is the child of a person who has lost Japanese nationality under the Treaty of Peace with Japan may, if that person satisfies at least one of the following items, permanently reside in Japan as a special permanent resident provided for in this Act.

the person satisfies any one of the following.

the person is one who stays in Japan pursuant to the provisions of Article 2, paragraph (6) of the Act on Measures for Ministry of Foreign Affairs Order Issued pursuant to Imperial Ordinance on Orders Issued Incidental to Acceptance of the Potsdam Declaration (Act No. 126 of 1952) (herein after referred to as the "Old Act No. 126 of 1952") prior to its revision by the provisions of Article 10 of the supplementary provisions.

the person is one who was granted permission for permanent residence in accordance with the provisions of the Special Act on the Control of Immigration following the Implementation of the Treaty between Japan and the Republic of Korea concerning the Legal Standing and Treatment of Korean Nationals residing in Japan (Act No. 146 of 1965) (hereinafter referred to as the "Old Japan-Korea Special Act") prior to its repeal by the provisions of Article 6 of the supplementary provisions.

the person is one who stays in Japan by virtue of the status of permanent residence as set out in the left-hand column of the Appended Table II of the Immigration Control Act prior to its revision by the provisions of Article 7 of the supplementary provisions (hereinafter referred to as the "Old Immigration Control Act").

the person is one who stays in Japan by virtue of the status of residence of a child of persons who have lost Japanese nationality under the Treaty of Peace with Japan, as set out in the left-hand column of the Appended Table II of the Old Immigration Control Act.

A person who is the child of persons who have lost Japanese nationality under the Treaty of Peace with Japan, and who, due to birth and other reasons, is set to stay in Japan without going through the procedures for landing specified in Chapter III of the Immigration Control Act may, with the permission of the Commissioner of the Immigration Services Agency, permanently reside in Japan as a special permanent resident as provided for in this Act.

If a person as specified in the preceding paragraph applies for permission under that paragraph within 60 days due to birth or any other relevant reason, the Commissioner of the Immigration Services Agency is to grant such permission.

An application for permission under paragraph (1) must, in accordance with the Ministry of Justice Order, be made to the mayor of the municipality (including special wards, and wards or administratively consolidated wards in the designated cities prescribed in Article 252-19, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947)) in which the place of residence is situated, by producing the application for special permission for permanent residence and other documents.

The mayor of municipality must, if documents are submitted under the preceding paragraph, verify whether the person seeking to receive the permission under paragraph (1) resides in the place of residence declared in the application, and the truthfulness of the submitted documents, and then forward those documents to the Commissioner of the Immigration Services Agency.

A person who has lost Japanese nationality under the Treaty of Peace with Japan or an child of persons who have lost Japanese nationality under the Treaty of Peace with Japan, who stays in Japan by virtue of a status of residence as set out in the left-hand column of the Appended Table II of the Immigration Control Act (excluding the residence status of permanent resident) may, with the permission of the Commissioner of the Immigration Services Agency, permanently reside in Japan as a special permanent resident provided for in this Act.

If a person specified in the preceding paragraph applies for permission under the same paragraph, the Commissioner of the Immigration Services Agency is to grant such permission. In such a case, any determination as to the status of residence and the duration of stay made in respect of the person who has been granted the relevant permission will cease to have effect.

An application for permission under paragraph (1) must, in accordance with the Ministry of Justice Order, be made to the Commissioner of the Immigration Services Agency, by producing the application form for permission for special permanent residence and other documentation.

If permission is to be granted under Article 4, paragraph (1), the Commissioner of the Immigration Services Agency is to issue a document stating that permission is granted to permanently reside in Japan as a special permanent resident (hereinafter referred to as the "special permanent residence permit"), via the mayor of the municipality in which the place of residence is situated.

If permission is to be granted under paragraph (1) of the preceding Article, the Commissioner of the Immigration Services Agency is to have the immigration inspector issue a special permanent residence permit.

The Commissioner of the Immigration Services Agency will issue to special permanent resident a special permanent resident certificate.

If permission is granted under Article 4, paragraph (1), the Commissioner of the Immigration Services Agency issues to special permanent resident a special permanent resident certificate, via the mayor of the municipality in which the place of residence is situated.

If permission was granted under Article 5, paragraph (1), the Commissioner of the Immigration Services Agency has the immigration inspector issue to the special permanent resident a special permanent resident certificate.

. The particulars to be recorded on special permanent resident certificates are as follows; provided, however, that if the special permanent resident who is to receive a special permanent resident certificate does not have a place of residence (referring to the primary of place of residence in Japan; hereinafter the same), the matter set out in item (ii) need not be recorded.

the name, date of birth, gender, country of nationality or the region referred to in Article 2, item (v), (b) of the Immigration Control Act.

place of residence.

the number of the special permanent resident certificate, the date of issuance and the date of expiry of the period of validity.

The number of the special permanent resident certificate referred to in item (iii) of the preceding Article will, in accordance with the Ministry of Justice Order, vary each time the special permanent resident certificate is issued (including where it is re-issued).

The special permanent resident certificate is to, in accordance with the Ministry of Justice Order, show a photograph of the special permanent resident. In this case, the Commissioner of the Immigration Services Agency may use the photograph provided by the relevant special permanent resident pursuant to the provisions of laws and regulations specified by the Ministry of Justice Order.

In addition to what is prescribed in the preceding three paragraphs, the form of the special permanent resident certificate, the particulars to be shown on the special permanent resident certificate and other particulars necessary for the special permanent resident certificate are provided for by the Ministry of Justice Order.

The Commissioner of the Immigration Services Agency may, in accordance with the Ministry of Justice Order, record all or part of the particulars listed in each item of paragraph (1) and of what is shown pursuant to the provisions of the preceding two paragraphs on the special permanent resident certificate in an electronic or magnetic form (referring to electronic form, magnetic form or any other form that cannot be recognized by human perception).

The period of validity of the special permanent resident certificate will, depending on how the special permanent resident who is to be issued with it is classified in accordance with the items below, be the period until the date specified in the relevant item is reached.

a person who is under 16 years of age on the date of issuance of the special permanent resident certificate (excluding a person who is issued with a special permanent resident certificate pursuant to the provisions of Article 11, paragraph (2) as applied mutatis mutandis in Article 12, paragraph (3)): the day before the 16th birthday (if the birthday of the relevant special permanent resident is February 29, the birthday of the relevant special permanent resident in a year other than a leap year is deemed to be February 28; the same applies hereinafter);

a person other than those listed in the preceding item: in the case of a special permanent resident certificate pertaining to a notification under the provisions of Article 11, paragraph (1) or an application under the provisions of Article 13, paragraph (1), or Article 14, paragraph (1) or paragraph (3), the seventh birthday after the date of the notification or application; and in the case of a special permanent resident certificate pertaining to an application under the provisions of Article 12, paragraph (1) or paragraph (2), the seventh birthday after the date of expiry of the period of validity of the special permanent resident certificate that the person who made the application held at that time.

A special permanent resident who has been issued with a special permanent resident certificate which does not bear the place of residence must, within 14 days of settling on a place of residence, in accordance with the procedures prescribed by the Ministry of Justice Order, produce the relevant special permanent resident certificate to the mayor of the municipality in which the place of residence is situated, and notify the place of residence to the Commissioner of the Immigration Services Agency, via the mayor of the municipality in which the place of residence is situated.

A special permanent resident must, if their place residence has changed, within 14 days of moving to the new place of residence (referring to the place of residence after the change; hereinafter the same), in accordance with the procedures prescribed by the Ministry of Justice Order, produce the special permanent resident certificate to the mayor of the municipality of the new place of residence, and notify the new place of residence to the Commissioner of the Immigration Services Agency, via the relevant mayor of the municipality.

The mayor of municipality is to, if a special permanent resident certificate is produced under the provisions of the preceding two paragraphs, record the place of residence or the new place of residence onto the relevant special permanent resident certificate (including by recording in accordance with the provisions of Article 8, paragraph (5)), and return the same to the relevant special permanent resident.

If a special permanent resident specified in paragraph (1) has filed a notification pursuant to the provisions of Article 30-46 of the Residential Basic Book Act (Act No. 81 of 1967) by producing a special permanent resident certificate, the relevant notification is deemed to have been filed in accordance with the provisions of the same paragraph.

If a special permanent resident (excluding those special permanent residents who are specified in paragraph (1)) has filed a notification pursuant to the provisions of Article 22, Article 23, or Article 30-46 of the Residential Basic Book Act by producing a special permanent resident certificate, the relevant notification is deemed to have been filed in accordance with the provisions of paragraph (2).