2022-05-262022-07-08

A visa for permanent residence in Japan is granted to those who are of good conduct, live independently, and properly fulfill their public obligations such as paying taxes. Based on the application guidelines, let us summarize what kind of applicant is likely to be granted a permanent residence visa.

Minimum requirements for the issuance of a permanent residence permit

To obtain permanent residency in Japan, you must at least meet the requirements set forth in the Immigration Control and Refugee Recognition Act:

“The Minister of Justice shall approve the application referred to in the preceding paragraph only if the person meets the following points and proves that their permanent residence is in the interest of Japan. However, if the applicant is the spouse or child of a Japanese national, permanent resident, or special permanent resident, the following requirements need not be met.

1. Good conduct.

2. Sufficient assets or ability to earn an independent living. “

The meaning of the provisions and specific requirements are further explained in the Permanent Resident Guidelines (link) as follows.

In principle, you must have lived in Japan for at least 10 years at the time of application

You can apply for a permanent residence permit if you have lived in Japan for 10 years. Of these, 5 years must have passed after you obtained a residence status that allows you to work (there are exceptions) or one of the residence statuses without restrictions on activities.

However, if certain conditions are met, you can apply during the first year of your stay.

Other legal requirements

Foreigners applying for permanent residence must meet all of the following legal requirements, including those related to their residence history.

▼Requirements for good conduct

You must abide by the law and conduct your daily life in a manner that is not criticized socially.

* Spouses or children of Japanese nationals, permanent residents, spouses or special permanent residents may apply even if they do not meet these requirements.

▼Independent living requirements

You should not be a burden in daily life, and your assets or skills should indicate that you can lead a stable life in the future.

* In addition to spouses and children of Japanese, permanent residents, and special permanent residents, persons who have been recognized as refugees may also apply even if they do not meet these requirements.

▼National interest

• Residence status for 10 years or longer
• No fine or imprisonment
• Proper fulfillment of public obligations
• Maximum length of stay for your current residency status
• No threat to public health

Prepare the required documents

When you are ready to apply for permanent residence, you will need to submit all the necessary documents to prove that you meet the requirements. Some of the documents to submit are proof of your income and savings, as well as proof that you have paid all of your taxes.

You will also need to ask your company to provide you with documents that prove your occupation.

Factors that affect the approval/denial of permanent residenc application

There are more detailed rules for the conditions under which you can actually obtain permanent residence in Japan. Below are detailed answers to five important eligibility questions.

With what residency status can I apply for a permanent residence visa?

As already mentioned, you can apply for permanent residency if you have lived in Japan for 10 years. Of these, 5 years must have passed after you obtained a visa that allows you to work (there are exceptions) or one of the visas without activity restrictions.

Of the work-based and residence-based visas currently available, the following are the ones that allow you to apply for permanent residency.

▼Residence statuses (work visas) in Article 1-1 of the Immigration Control and Refugee Recognition Act

Diplomat, Official, Professor, Artist, Religious activity, journalist and media 

▼Residence statuses (work visas) in Article 1-2 of the Immigration Control and Refugee Recognition Act

Highly skilled professional, Business manager, legal/accounting services, medical services, researcher, instructor, engineer/Specialist in humanities/International services, intra-company transferee, entertainer nursing care

* Aside from “Specified skilled worker" and “Technical intern training" residence status

▼Residence statuses (work visas) in Article 1-5 of the Immigration Control and Refugee Recognition Act

Designated activities

▼Residence statuses (work visas) in Article 2 of the Immigration Control and Refugee Recognition Act

Spouse/child of a Japanese citizen, spouse/child of a permanent resident, long-term resident

Can I apply for permanent residency even though I have lived in Japan for less than 10 years?

Depending on your residency or employment status, you may be able to apply for permanent residence even though you have lived in Japan for less than 10 years. Those who fall under the “highly skilled foreign professionals" category can apply in their first year of residence.

▼Cases where the requirement is lowered from “10 years or more" to “5 years or more"

• You have resided in Japan for at least 5 years with a long-term residence status
• You have been recognized as a refugee and have resided in Japan for more than 5 years
• You have obtained “designated activities" or “highly skilled professional" residence status as a highly skilled professional with a score of 70 
• You have earned 70 points or more in the highly skilled professional point system three years prior to application
• You have made recognized contributions to Japan in the fields of diplomacy, society, economy, culture, etc. *

▼Cases where the requirement is lowered from “10 years or more" to “3 years or more"

• You married a Japanese citizen or permanent resident or special permanent resident before applying for permanent residency
• You have obtained “designated activities" or “highly skilled professional" residence status as a highly skilled professional with a score of 70
• You have made recognized contributions to Japan in the fields of diplomacy, society, economy, culture, etc.
• Your case falls under the activities in items 131 (link), 36 or 37 of the 1990 Ministry of Justice Notice for public and private organizations located in the area specified in the regional revitalization plan under the Local Revitalization Act.\

▼Cases where the requirement is lowered from “10 years or more" to “1 years or more"

• You are a child of a Japanese citizen or permanent residents and special permanent residents (adopted children are not eligible)
• You have obtained “designated activities" or “highly skilled professional" residence status as a highly skilled professional with a score of 80  

Can I apply early even if I am recently married or divorced?

Strictly speaking, the requirement for applying for permanent residency for the spouse of a Japanese citizen/permanent resident who is eligible for permanent residency is that they have lived with the spouse or child for a certain period of time or longer. If you are separated or already divorced, you may be denied the permit.

▼Conditions for shortening the required prior period of residence

• You are married to a Japanese citizen/permanent resident for more than 3 years
• You have a child who has been in Japan for more than one year

Will I be denied if I break the law or get into trouble?

If you have broken the law, your application will most likely be rejected. For example, if you have caused trouble by not obeying traffic laws, this will be noted in your record and will be considered a disadvantage during the examination, even if you were not punished at the time of the accident.

▼The application is likely to be denied:

• Within 5 years of a jail sentence or fine
• If a fine or greater punishment was imposed, within 10 years of serving the sentence/paying the fine or release
• If a lesser punishment was imposed, within 5 years of serving the sentence/paying the fine or release
• If punishment under juvenile criminal law is not yet completely served.
• If there are special circumstances that cannot be considered good behavior, such as repeated illegal or immoral acts.

It is also considered a detriment if you have exceeded the allowed number of hours for engaging in activities not permitted under your residency status (part-time employment, etc.). Also, if you have overstayed and worked illegally, there is a high probability that permanent residency will not be granted.

How much savings/income do I need?

The amount of savings/income required is not specified in the independent living requirements. If you are at least able to live without welfare, you are eligible for a permit.

In addition, this check is based on “household income." Even if the applicant themselves has a low/no income, they can still meet the independent living requirements if they can live off their spouse’s income or assets.

What are the public obligations?

The “public obligation" mentioned in the section on national interest refers to the obligation to pay taxes and social security contributions. If you do not properly pay income tax, residence tax, national pension, social pension, health insurance, etc., you cannot meet the requirements for permanent residence.

Social security payment requirements were added when the guidelines were revised on May 31, 2019. More specifically, various payment obligations must be “properly" fulfilled.

When the guidelines were revised on May 31, 2019, requirements for paying social security contributions were added. More specifically, various payment obligations must be “properly" met at the same time.

In other words: If you have not made various required payments on time and in full, you will likely not be granted permanent residency. For bills that have not been paid at the time of application but the payment deadline has not yet passed, you will need to discuss what to do with an expert.

Conclusion │ How to obtain permanent residence permit in Japan

To obtain a permanent residence permit (permanent resident visa) in Japan, you must meet the following four requirements. Depending on your current residency status and other circumstances, you may be able to submit your application earlier than indicated below.

• You can usually prove residence of at least 10 years (including 5 years on a visa that allows you to work or on a residence visa that has no restrictions on activities).
• You have not committed any violations in the past and your behavior can be considered good
• You are able to support yourself independently and permanently without receiving assistance. 
• Your stay is in the interest of Japan, for example, if you properly meet your tax obligations.

It is at the discretion of the person in charge of your case at the Japanese immigration whether your application will be ultimately approved or denied. If you have any concerns, you should consult an expert to help you properly prepare your application, such as writing the reason for the application.