Hello, this is Lee of IMS. Today, I would like to share with you some important points that you should keep in mind when applying for permission for permanent residence through a series of blog posts.
First of all, please refer to the Guidelines for Permanent Residence Visas on the website of the Immigration Services Agency of Japan. https://www.moj.go.jp/isa/publications/materials/nyukan_nyukan50.html
I have several points of clarification regarding the following aspects of the guidelines.
- Legal requirements
- Special provisions for 10 years of residence in principle
1. Legal requirements
(1) Be of good conduct
(2) Possess sufficient assets of skills to earn an independent living
(3) The applicant’s permanent residence is recognized to be in the interest of Japan
How can the fulfillment of legal requirements as stated in (1), (2), and (3) be demonstrated?
First of all, a brief explanation of the three requirements is as follows: (1) means that the applicant has not violated any laws or regulations; (2) means that the applicant will not be a burden on the public and can expect to lead a stable life in the future; and (3) means that the applicant will be a member of Japanese society for a long period of time and will fulfill his/her public obligations (such as paying taxes, insurance premiums, and submitting notifications).
While I will not discuss (1) here, for (2), the proof will vary depending on the current status of residence of the permanent residence applicant. In principle, however, if the applicant is employed, they should submit a record of their annual income and balance of their bank account, and if they have other assets, they should submit the certificate of registration of said assets.
Key point
From the perspective of whether or not a stable life can be expected in the future, we have the impression that as a tendency, more weight is placed on annual income than on the balance of one's bank account. If your balance is high but your annual income is low, it is difficult to obtain permission in your application for a permanent residence visa.
On the other hand, even if you have a low bank balance and no assets, if your annual income is above a certain level and stable, there is a high possibility that you will be granted permission. In addition, whether or not you have a regular job, etc. will also affect the screening process, so if your annual income is not increasing or decreasing but you are changing jobs, we suggest that you avoid changing jobs too often.
Regarding (3), it is necessary to have resided in Japan as a member of Japanese society for a long period of time, so except for those who fall under "2: Special Provisions Concerning 10-year Residency Rule"
Special provisions for 10 years of residence
In principle, the applicant must have been continuously residing in Japan for at least 10 years. Of those 10 years, 5 years must be spent in Japan with work or residence status. In addition, the period of stay under the current status of residence, including those who fall under the above exceptions, must be at least "3 years" to apply.
Key Point
Many people ask how long they can leave Japan before it affects their status of having resided continuously in Japan for more than 10 years. As a company, we regard 3 months as the limit. However, there are examples of other companies that have set the standard at six months, so it is difficult to make a blanket statement. Even if your period of time away from Japan is more than 3 months, if you have a valid reason, the duration of time away from Japan will not be the only reason considered for the question of continuity of your stay in Japan.
For example, even if a foreign national has been out of Japan for a long period of time for reasons such as an overseas business trip, if the foreign national is expected to continue to live in Japan after the completion of their work and can reasonably explain (prove) the reason for their departure, there will be no problem even if the period of departure is long.
In terms of reasonable grounds, the "continuous stay requirement" also takes into consideration those who have been unable to re-enter Japan within the period of validity of the re-entry permit or deemed re-entry permit due to the COVID-19 pandemic and whose continuous stay in Japan has therefore been interrupted. For the time being, in relation to the "Guidelines for Permanent Residence Permit", people who fall under this category are considered to have been continuously residing in Japan for the period in question when they apply for a permanent residence visa again after entering Japan. This can be done by attaching a petition to the regular application form.
For more details, please refer to the following: https://www.moj.go.jp/isa/content/930006016.pdf
※ In addition, with regard to the national interest requirement (3), the fulfillment of official obligations (tax payment, payment of insurance premiums, notification, etc.) is a very important point, and when we handle an application for a permanent residence visa on your behalf, we will confirm the tax payment status, insurance premium payment, notification, etc. in advance. We will discuss this in the next article, "Applying for a Permanent Residence Visa: Key Points ②".
We have worked on a variety of applications for permanent residence visas and can guide you through a consulting process to determine the best application method for your specific situation. If you are considering applying for a permanent residence visa, please feel free to contact us.
Please also visit our website dedicated to permanent residence applications.
