Application for Permanent Residence in Japan
- ndesignmethod
- Oct 11, 2024
- 8 min read
Updated: Oct 22, 2024
A foreign national who has obtained a Permanent Resident Visa can stay in Japan for an unlimited period of time.
In addition, by obtaining a Permanent Resident Visa, work limitations are removed and the foreigner can engage in a wider range of activities in Japan than other visa. On the other hand, permanent resident status does not require renewal of the period of stay after acquisition, making it virtually impossible for the Immigration Bureau to check foreigners on a regular basis.
Therefore, the examination process is stricter than for other visa.
In addition, the decision to grant permission for permanent residence is at the discretion of the Minister of Justice, and there are no clear standards. Instead, the Ministry of Justice has published the following guidelines for permanent residence permission.
Examination criteria
Decisions on permission for permanent residence are made at the discretion of the Minister of Justice, and there are no clear criteria. Instead, the Ministry of Justice has published the following guidelines regarding permanent residence permits as an indicator:
◾️Guidelines for Permanent Residence Permission (Revised June 10, 2024)
Be of good conduct
Having sufficient assets or skills to support one's livelihood independently
The person's permanent residence is deemed to be in the interests of Japan.
A. In principle, they must have continuously resided in Japan for 10 years or more. However, they must have continuously resided in Japan for 5 years or more with a working status (excluding the statuses of residence "Technical Intern Training" and " Specified Skilled Worker s No. 1") during this period.
B. You have not been sentenced to a fine or imprisonment, etc. You have duly fulfilled your public obligations.
C. For the status of residence that you currently hold, you are residing in Japan with the maximum period of stay stipulated in Appendix 2 of the Enforcement Regulations of the Immigration Control and Refugee Recognition Act.
D. There is no risk of it being harmful from a public health perspective.
Foreign nationals who wish to live permanently in Japan can follow these guidelines to some extent to determine their chances of obtaining permanent residence. We will explain one by one below.
１.Be of good conduct
This means that the applicant is law-abiding and conducts his/her daily life in a socially reprehensible manner.
The following cases may affect the screening process
・Fines or imprisonment in the past
・Multiple traffic violations or other violations.
・Overstaying in the past
・Violations of the Work limitation or Activity Permitted under visa
２.Having sufficient assets or skills to support one's livelihood independently
In order to obtain permanent residence permit, you need to have enough income to lead a stable life in the future.
Although specific amounts have not been announced, the average annual income of Japanese people seems to be the standard.
It is said that the borderline for a single person household is generally 3 million or more. The applicant's annual income does not necessarily have to be the applicant's own income, but is judged comprehensively, including family members other than the applicant applying for permanent residence and assets.
The annual income requirement is for the last five years for applicants with work visa status, and for three years in principle for spouses of Japanese nationals, and the annual income must have exceeded the standard in each of those years.
３.The person's permanent residence is deemed to be in the interests of Japan.
A. In principle, they must have continuously resided in Japan for 10 years or more. However, they must have continuously resided in Japan for 5 years or more with a working status (excluding the statuses of residence "Technical Intern Training" and " Specified Skilled Worker s No. 1") during this period.
In principle, the applicant must continue to live in Japan for at least 10 years, and must have been in a work visa status or residence visa status (spouse visa, etc.) for 5 years prior to applying for permanent residence.
There are special exceptions to the number of years of residence, as shown in the table below, and the number of years can be shortened depending on the applicant's circumstances.
Work VISA, Business management visa | Of the 10 or more years of residence in Japan, the applicant must have resided in Japan for at least 5 years on a work or business visa by the time of application for permanent residence. |
Spouse of Japanese national or permanent resident | Married for at least 3 years and continue to live in Japan for at least 1 year ※It does not have to be a spouse visa; as long as the marriage is legally valid, this requirement is met. |
Children of Japanese nationals or permanent resident | Continue to live in Japan for at least one year. |
Long-term residents | At least 5 years in the Long-term resident status. |
Highly qualified professionals 70 points | Maintain 70 points or more and stay in Japan continuously for 3 years |
Highly qualified professionals 80 points | Maintain 80 points or more and stay in Japan continuously for 1 years |
Special Highly Skilled Personnel | Continue to live in Japan for more than one year as a “special highly skilled personnel” |
Persons who are recognized for their contribution to Japan | Continue to live in Japan for at least 5 years *Please refer to the guidelines regarding "Contribution to our Country". |
The meaning of “continue to live”.
The term “continue to live” means that the applicant's base of residence is continuously in Japan.
If the resident period in Japan is interrupted or the number of days spent out of the country during the year is too many, it may not be considered as “continue to live”.
B. You have not been sentenced to a fine or imprisonment, etc. You have duly fulfilled your public obligations.
Fines or imprisonment→ See 1.Be of good conduct.
Fulfillment of public obligations.
Proper payment of taxes and social insurance, including dependents, will be examined. If there is a period of non-payment or arrears within the past few years, obtaining a permit becomes more difficult.
In addition, other obligations such as notification obligations when changing jobs or moving to a new location will also be examined.
Examples
Notifications to the immigration office when you change jobs.
Notification of any changes in the information on your residence card, etc.
Notification to the city hall when moving to a new residence.
C. For the status of residence that you currently hold, you are residing in Japan with the maximum period of stay stipulated in Appendix 2 of the Enforcement Regulations of the Immigration Control and Refugee Recognition Act.
The period of stay as indicated on the residence card must be at least 3 years.。
*Family members applying together with a work visa holder with a three-year period of stay may apply together even if their period of stay is one year.
D. There is no risk of it being harmful from a public health perspective.
Not be a patient with an infectious disease or an addict to narcotics, marijuana, opiates, or stimulants.
Points to Consider When Applying for a Permanent Resident Visa
There are several points to keep in mind when applying for a permanent residence visa. I will explain each point in detail below.
◾️Burden of Proof
The burden of proof that the above criteria are met rests with the applicant, not with the immigration authorities.
Therefore, it is important that the applicant prepares sufficient documents to satisfy the examining authority.
◾️Renewal of visa is required while applying for permanent residence
The permanent residence examination is different from the regular visa examination. If your visa expires during the examination, you must renew it before the expiration date or you will be illegally staying in Japan.
◾️When applying for a Permanent Resident Visa, a Letter of Guarantor must be submitted.
The guarantor must be a Japanese national or a foreign national who has already obtained a permanent residence visa.
◾️Should all family members apply together or not
It is recommended that all family members, including dependents, apply together for work visa holders.
If only one of the family member becomes a permanent resident, the other family members must change their status to permanent resident spouse and children visa or long-term resident visa. This must be applied for separately from the permanent resident application.
On the other hand, if all family members apply for the permanent resident, a poor status of one family member (e.g., violation of work limitation or activity) may affect the applications of all family members.
※If all family members apply together, family members on dependent visas can apply for the same number of years as the Japanese spouse and children. (Only if the main body person with work visa meets the number of years requirement.
◾️Changing jobs while applying for permanent residence
If a person with work visa status change jobs while applying for permanent residence, Please submit a “Notification of Change of Affiliation” to the Immigration Bureau within 14 days of resigning from the company and joining the company.
In addition, he/she should obtain a Application for Certificate of Authorized Employment. (Application for Certificate of Authorized Employment is a document that certifies whether or not the new job corresponds to the activities of a work visa.
If you cannot find new employment for more than three months after resigning, the Immigration Bureau may revoke your work visa, and this period will affect your application for permanent residence as you have not engaged in appropriate residence activities.
◾️Leaving the Japan while applying for permanent residence
Basically, overseas travel and business trips are allowed while applying for permanent residence. However, if you leave Japan for too long a period of time, you may be judged as not continue to live in Japan.
◾️Time required for examination
The standard processing time published by the Ministry of Justice is 4 months, but in practice it usually takes from 6 months to around 1 year.
Fees for permanent residence permit applications when you request our office
◾️Basic fee (application by one person)
150,000 yen (including tax) + necessary expenses
◾️In the case of application with a family member
In the case of an application with a family member, the fee will be halved to 75,000 yen per person.
◾️Necessary Expenses
There will be transportation costs, Domestic and international shipping costs (if necessary), and fees paid to the immigration office at the time of issuance of the resident card.
In addition, if the client wishes us to go to the immigration office to check the progress of the application after it has been applied, we charge 3,000 yen for transportation and waiting time at the immigration office.
◾️Payment Method
After the application is submitted,
Half of the fee as an Application Fee + necessary expenses will be paid.
After the application is approved,
half of the fee as a Success Fee + necessary expenses will be paid.
We do not charge a new application fee for re-application in the case of disapproval.
We will provide you with a formal quotation after receiving your inquiry and asking for more details. A contract will be concluded only if you are satisfied with the contents of the quotation.
Please feel free to contact us for more information.