The status of residence “Permanent Resident” is for foreign nationals who have substantial reasons to continue residing in Japan unlimitedly, such as being married to a Japanese national and living together in Japan, engaging in a stable business in Japan for many years, or other significant reasons.
In this post, I will briefly explain criteria to obtain the status of residence “Permanent Resident”, and about difference in criteria to fulfill depending on the current status or position of foreign nationals.
(1) Hard to Get “Permanent Residence”
If a foreigner obtains the status of residence “permanent resident”, the period of his/her stay becomes unlimited, and there are no restrictions on activities (occupations or whatever) in Japan. In other words, once he/she acquires the status of “Permanent Resident,” the person does not need to worry about an alternative status of residence even if he/she changes job or become unemployed.
Therefore, when an application for the Permanent Residence Permission, its review conducted by a local Immigration Services Bureau (a regional branch of Immigration Services Agency) will be substantially the last thorough review* for the foreign national unless problems such as violating law occur in future. As a result, this review will be carried out with exceptional caution, and usually takes several months.
*However, regular procedures such as renewal of the Residence Card, the re-entry permit and etc. are still required even after obtaining the status of “Permanent Resident”.
The Immigration Services Agency (IPA) publishes “Guidelines for Permanent Residence Permission” which summarizes the criteria for the review. Major points of the criteria are as follows:
(a) Having good behaviour and doing good conduct
(b) Possessing sufficient assets or skills to maintain independent living
(c) In principle, having been residing continuously in Japan for 10 years or more
(d) Fulfilling public duties (such as tax payment, joining public pension and social insurance)
(e) Currently holding a status of residence that allows the longest (3 years or more) period of residence
Regarding (c), I will explain further in the below (3).
Looking at these criteria alone, it may not seem to be very challenging. However, immigration officers have thick manuals to thoroughly examine whether applicants meet these standards. They will question applicants from various angles and request evidence.
Immigration authorities not only scrutinize submitted documents and records but also conduct investigations by themselves if necessary. Therefore, it is crucial never to make false statements, no matter how trivial the matter may be.
(2) Relaxation of Permanent Residency Requirement for Persons in Need of Protection
Article 22 of the Immigration Control and Refugee Recognition Act (Immigration Act) specifies the requirements for permanent residency. Its 2023 amendment, however, added a new sentence regarding individuals for whom the United Nations High Commissioner for Refugees (UNHCR) or other international organizations recognize the necessity of protection. The new amendment explicitly states that the requirement of (b) above will not be considered for these individuals.
It is naturally not expected that people who fled with their lives or bodies at imminent risk would have brought enough money with them. Therefore, this amendment can be regarded as a small but positive step forward.
(3) Duration of Residence Requisite for Permanent Residency Application Varies a lot by Foreigners
One of the requirements for obtaining permanent residency is, as stated above, “in principle, having been residing continuously in Japan for 10 years or more “. However, in reality, individuals with higher education and income levels are eligible to apply for permanent residency much sooner. Unfortunately, not all foreign residents are treated equally in this regard.
Specifically, foreign nationals who have the following status of residence and meet certain standards can apply for permanent residency much sooner after starting their residence in Japan:
- Foreign nationals with 80 points or more in the point calculation* for the status of residence “Highly Skilled Professional” >> 1 year
- Foreign nationals with 70 points or more in the point calculation for the status of residence “Highly Skilled Professional” >> 3 years
- Foreign nationals publicly recognized for their contributions to Japan in fields such as diplomacy, society, economy, culture, etc. >> 5 years
*The point calculation system measures in an objective numerical manner how much a foreign national satisfies the criteria of the status of residence “Highly Skilled Professional”. This calculation table includes many evaluation criteria, such as holding a doctoral degree, graduating from globally top-ranked universities, achieving a certain annual income threshold, etc. Certain points are given on satisfying each criterion. Total of these points is used to determine the level of the foreign national’s contribution to Japan.
Although a foreign national with the status of residence “Nursing Care” works hard to take care of elderly or disabled people day after day, he/she cannot apply for permanent residency until 10 years have passed. On the other hand, a foreigner holding the status of residence “Highly Skilled Professional” is allowed to apply for permanent residency in just 1 or3 years. While the significant difference by occupation may raise questions, this is the current reality. Let’s hope for future improvements.
(4) Duration of Residence Requisite for Permanent Residency Application may be Relaxed due to Personal Status or Positions
In cases such as the following, the duration of stay in Japan requisite for permanent residency application can be shortened much less than 10 years:
- Being married to a Japanese national, with the genuine marital relationship continuing for over 3 years and having resided in Japan for over 1 year >> 1 year
- Holding the status of residence “Long-Term Resident”* and residing in Japan >> 5 years
- Being recognized as a refugee** or a supplementary protection recipient*** >> 5 years
*”Long-Term Resident” refers to individuals such as Japanese descendants, refugees temporarily settled in a third country, and others whom the Minister of Justice permits to reside based on special reasons.
** “Refugee” refers to individuals who, due to their race, religion, nationality, membership of a particular social group or political opinion, face the risk of persecution in their home country and cannot stay/return there. Please read the United Nations Refugee Convention for full precise definition.
*** “Supplementary Protection Recipient” refers to individuals who cannot return to their home country due to the risk of persecution for reasons other than those for refugees (the five reasons mentioned above). For example, this category includes people fleeing from countries in war. The precise definition can be found in Article 2(3)-2 of the Immigration Control and Refugee Recognition Act (Immigration Act).
◎ In the next post, I will explain cautions regarding “Permanent Resident” status, especially about the latest amendment of Immigration Act which may work negatively against permanent residence holders.