Hello, I'm Takada of IMS Legal Professional Corporation. Recently, the Minister of Justice indicated that foreign children born and raised in Japan without residency status might be granted special permission to stay if certain conditions are met, such as the absence of significant criminal history for their parents. Today, I will explain the procedures that foreign couples should not forget when a baby is born in Japan.
Procedures After Birth
(*Note: If one of the parents is Japanese, the child will acquire Japanese nationality, and the procedures for obtaining residency status mentioned in #2 below are not necessary.)
- First, you must complete the birth registration process at the city, ward, or town office where you reside. This procedure should be done within 14 days of the birth. Through this procedure, a resident registry is created by the municipality, and it includes entries like the one shown in the diagram below.
- Next, you should apply for residency status at the immigration office responsible for your place of residence.
When a foreign child is born in Japan, you must apply for residency status within 30 days from the date of birth. However, if you plan to leave Japan within 60 days from the date of birth, this procedure is not required.
Furthermore, it is not always necessary for the child to have a passport when applying for residency status. Even if the passport application process has been completed but the passport has not been issued yet, or if there are no plans to apply for a passport, you can still apply for permission to obtain residency status. In this case, you will submit a "Reasons for Not Having Obtained a Passport" document along with your application.
Special Notes:
- If you have not obtained residency status within 61 days after birth, your residency in Japan may be automatically cancelled, so please be aware of this.
- When applying for permission to obtain residency status, you will need to submit documents such as proof of the supporter's employment or proof of residence tax payment. For example, if the supporter is a foreign national with a business/management visa and a baby is born, if the tax return is delayed, you may not be able to provide appropriate tax certificates. In such cases, concerns may arise not only about the baby's residency status but also about the supporter's own residency status. Therefore, please make sure to file your tax return promptly.
If you inadvertently miss the deadline for applying for residency status and 30 days have passed, please consult with the immigration office directly. If you delay the process for an extended period, you may need to obtain special permission to stay, so be sure to be vigilant and avoid such situations.
- Report the birth to your home country's embassy or consulate in Japan. Whether birth reporting and registration are required depends on the laws of your home country, so please check with the embassy or consulate in Japan.
- Obtain a passport for your child (if desired) by going through the procedures at your home country's embassy or consulate in Japan.
- Enroll in health insurance: You can do this either through your supporter's workplace (if they have workplace health insurance) or at the city, ward, or town office where you live (if you have national health insurance).
- Apply for child allowance, which is provided by various municipalities: You should do this at the city, ward, or town office where you live.
- Apply for child medical expense assistance offered by various municipalities: You should also do this at the city, ward, or town office where you live.
There are many procedures to follow when a baby is born. At our firm, we provide assistance for #2, obtaining permission for residency status. Please feel free to use our support services.
