Hello, this is Lee of IMS Legal Professional Corporation. Continuing from my previous blog, Applying for a Permanent Residence Visa: Key Points ①, today I would like to introduce you three (3) official obligations of national interest conditions in “1: Legal Requirements” of the Guidelines for Permanent Residence Visas.
Regarding the official obligations, when we apply for Permanent Residency on your behalf, we often confirm in advance if there are no delinquent or unpaid tax or insurance premiums. Since it is assumed that the applicant will live in Japan as a member of the Japanese society after acquiring the permanent residence status, this point is quite important for the examination by the immigration to determine whether the applicant can fulfill his/her obligations.
Except those who fall under “2: Special Provisions Concerning 10-year Residency Rule” in the Guidelines for Permanent Residence Visas, residential tax must be paid without default for the last five years. For spouse visa holders and for those who have 70 points or more of Highly-Skilled Professional points, residential tax payments for the last 3 years will be subject for examination. Residential tax payments for the last 1 year are needed for holders of 80 points or more of Highly Skilled Professional points.
As for pension and medical insurance premiums, it is for the last 2 years (1 year if you have at least 80 Highly Skilled Professional points). If there is any unpaid amount during that period, it is desirable that the unpaid amount be paid and that two years have passed since the payment was made. In addition, by selecting the account transfer payment method, you can indirectly show that you intend to pay the insurance premiums, etc., without default.
Regarding the pension and medical insurance premiums, here are some points to keep in mind, using examples from previous cases which we have consulted.
PR Visa application Point 1
For those who come to Japan on a work visa for a temporary assignment (5 years or less) from overseas, or for sole proprietors or company owners who have a Japanese work visa but also do business in other countries, non-payment of pension and medical insurance premiums is often a problem.
Some people who are dispatched to Japan from overseas companies do not join pension or health insurance in Japan because they pay pension and health insurance premiums overseas.
Indeed, in such a situation, since they are enrolled in the social insurance system overseas, they would be paying double the premiums and double the cost with the Japanese social insurance system. In order to prevent such a double burden of insurance premiums, social security agreements are concluded between the two countries. However if the country they are dispatched from is not a partner country, or if the country is a partner country but they are not a national or a permanent residence of that country, they do not fall under this agreement. Please refer to the Japan Pension Service’s website for more details.
For example, if you are dispatched from the U.S. to work in Japan, U.S. citizens (and U.S. permanent residents who meet the requirements) are exempt from the obligation to join the social insurance system in Japan under the Social Security Agreement. If you are applying for a permanent residence permit, you will need to provide proof that you are exempt. For the U.S., the proof to be submitted would be a “Certificate of Coverage” issued by the Social Security Administration. If you can submit this certificate, there is no problem even if you are not enrolled in the social insurance system in Japan. In the U.S., it is normal for all but a few eligible individuals to use private health insurance services. The Certificate of Coverage will state that the individual is not only a member of the pension system in the U.S. but also a member of private health insurance.
Even if you are dispatched from the U.S., if you are not a U.S. citizen or a U.S. permanent resident who meets the requirements, though you may be employed in the U.S. and covered by private health insurance, if you withdraw from the U.S. social insurance system when you are sent abroad, you will be unable to receive this Certificate of Coverage. If a Certificate of Coverage is not issued, it will mean that you are not covered by the Social Security Agreement. No matter how much your overseas employer provides long-term disability insurance, life insurance, and health insurance that covers 100% of your injuries and illnesses, you will not be considered to be fulfilling your official obligations unless you join the National Pension Plan and National Health Insurance after you arrive in Japan.
When consulting our customers, we are often explained by them that they do not need to join the Japanese national health insurance system because they are covered by a health insurance system overseas that provides adequate coverage. If you do not apply to the Social Security Agreement which issues a Certificate of Coverage, there is a high chance that this reason will unfortunately result in a denial of your permanent residence application. Those considering applying for a permanent residence, enrolled in the National Pension Plan but not the National Health Insurance because you have overseas health insurance, please be careful. In Japan, enrolling in the National Pension Plan and National Health Insurance is compulsory, so if you are considering applying for permanent residence in Japan and a Certificate of Coverage cannot be issued, we recommend that you enroll immediately. In addition, not only those dispatched from overseas, but also those who are sole proprietors are required to join the National Pension Plan and National Health Insurance, so please be aware of this point as well.
PR Visa application Point 2
Regarding “Point 2 (Points to be careful when changing or leaving a job),” I will discuss in my next article.
At IMS, we serve a wide variety of nationalities, so we are able to provide consultation on a wide range of cases. Please feel free to contact us if you have any questions or concerns about your permanent residence application.
Please also visit our website dedicated to permanent residence applications.
