Hello, this is Takeuchi from IMS Legal Professional Corporation.
In recent years, the examination process for permanent residency applications has become increasingly strict. Both the screening standards and the time required for approval have become more demanding compared to the past.
For this reason, when our clients are able to successfully obtain permanent residency, we feel the same joy and relief alongside them. However, with the 2024 amendment to the Immigration Control Act, new grounds for cancellation of permanent residency have been added. As a result, there are now cases where permanent residency that has already been granted may be revoked.
In today’s post, I would like to discuss these cancellation grounds—ideally, something we hope you will never be affected by.
There were originally grounds for cancellation, but the newly added ones are mainly the following:
- Intentionally failing to pay public taxes
- Committing certain serious criminal offenses
- Willful violations of obligations under the Immigration Control Act
1. What does it mean to intentionally fail to pay public taxes?
Public taxes refer to taxes paid to the national or local government—such as income tax, consumption tax, and resident tax. If someone who has obtained permanent residency intentionally fails to pay these taxes, their permanent residency may be revoked.
Permanent residency is granted on the assumption that the individual fulfills their public obligations, such as paying taxes appropriately and on time. It is expected that this behavior will continue after obtaining permanent residency.
The key word here is “intentionally.” Because we are all human, it is possible to accidentally forget a payment deadline. Such unintentional mistakes are not targeted for cancellation.
However, if a person knows they must pay, has the ability to pay, and still chooses not to pay, that is considered intentional non-payment and may lead to cancellation.
2. What counts as certain serious criminal offenses?
Serious crimes subject to this rule include, for example:
- Theft, fraud, extortion, murder, etc. under the Penal Code
- Dangerous driving causing death or injury under traffic-related criminal law
Only intentional crimes are included, and the cancellation applies to those who receive imprisonment sentences. Fines do not fall under this cancellation ground. Again, unintentional (negligent) offenses are excluded, similar to item (1).
3. Willful violations of obligations under the Immigration Control Act
This refers to situations such as:
- Moving residences but failing to submit a change of address notification
- Failing to carry your residence card, which you are legally required to carry with you
However, if such situations occurred by accident, they are generally not subject to cancellation.
Will cancellation happen immediately?
Cancellation is considered a very serious measure. The Minister of Justice will have immigration officers verify whether the grounds apply. If they do, the status may be revoked, or converted to another status such as “Designated Activities” or “Long-term Resident.”
If the individual later fulfills public obligations and meets the requirements again, it is said that reapplication for permanent residency is possible.
Final Note
Due to the 2025 system revisions, fulfilling public obligations such as tax payments will become a strict requirement not only for permanent residency, but also for visa renewals and change applications.
We kindly encourage you to remain mindful of your tax and public obligation responsibilities—even if you have already obtained permanent residency.
For more information, please contact us below ↓
https://imsvisa.support/en/contact/
