Hello, this is Kou of IMS Legal Professional Corporation. On September 6, 2021, the Keidanren (Japan Business Federation) announced that they will demand that the government exempt those who have been fully vaccinated from the 14-days quarantine measures required for people entering or returning from abroad. A September 8, 2021 article stated that the Japanese government will gradually loosen the movement restrictions beginning October, according to how COVID-19 vaccination progresses.
Another big relaxation measure, including entry from foreign countries, is predicted to be taken within this year. Also, the restart of the “Residence Track” and “Business Track,” for global people coming and going, which had been suspended for the time being, is something to be watched.
Last week we received many customer inquiries and requests. IMS now has a YouTube channel and many customers contact us after checking the videos. Below is the link to our YouTube channel. Please check it out and subscribe!
IMS YouTube Channel: https://www.youtube.com/c/IMSLegal
Permanent Resident Guarantors
We receive many questions about “guarantors” required for Permanent Resident application. In this blog, I would like to explain about the “guarantor.”
When applying for Permanent Residence, having a “guarantor” is a must. Even if you have perfectly fulfilled the other requirements, you cannot apply for Permanent Resident unless you have a guarantor.
I believe it is difficult for a foreign national to look for a “guarantor” in Japan. Especially in Japan, when people talk about a “guarantor,” they strongly hold the image of a “guarantor (joint guarantor)” who co-signs a loan. When asking for a friend to be their “guarantor,” many are likely to be refused. However, the “guarantor” required for Permanent Resident application, i.e. the “guarantor” under the Immigration Control Act, is not legally responsible for the person they guarantee the identity of. This is different from the co-signer of a loan.
What Exactly is a "Guarantor"?
The definition of a “guarantor” under the Immigration Control Act is the following:
“In accordance with the Immigration Control Act, a guarantor is someone who has vowed to the Minister of Justice that they will take it upon themselves to assist the foreign national with their smooth integration into Japanese society, both socially and financially, while ensuring that they comprehend and are compliant with local rules and regulations. Although these assurances being made to the Minister of Justice are not legally enforceable (at best, authorities can only remind a guarantor of their duties), they do hold a degree of social accountability. Those who shirk their duties as guarantor will not be accepted on subsequent applications.”
As you can see from the explanation above, if something happens to the person who obtained a Permanent Resident visa in Japan, for example, the “guarantor” is morally responsible, but even if the guarantor does not do anything, he/she will not be pursued by the Immigration Bureau, etc.
Final Thoughts
When asking for someone to be your “guarantor,” explain to them thoroughly, referring to the contents above. That way they will surely be convinced and happily agree to be your guarantor.
Also, there are no specific regulations for being a “guarantor,” but generally, it is limited to a Japanese national or a foreign national living in Japan with a “Permanent Resident” status. Sometimes customers ask us if a foreign national with a work visa in Japan can be their “guarantor.” In general, a foreign national on a work visa cannot be their “guarantor.”
The reason for that is because the “guarantor” of a Permanent Resident applicant must be the guarantor throughout the whole time the applicant resides in Japan. Those with a work visa can only stay in Japan for a fixed period of time. Therefore, they are not suitable for being a “guarantor” for a Permanent Resident applicant who will stay in Japan permanently.
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Permanent Resident Japan Requirements
If you have a work visa
- Be of good conduct
- No delinquent payments of resident tax, national health insurance, etc., no traffic violations or punishments such as imprisonment or fines, etc.
- Have sufficient assets or skills to make a living
- Have an annual income of at least 3 million yen, own a home, etc.
- Continuous stay in Japan of 10 years or more, 5 years or more of which were on a working visa status
- No more than a few months out of Japan in a 10-year period, etc.
- The current status of residence must have a period of stay of 3 or 5 years
- If you have a visa with a 1-year period of stay, you cannot apply for a permanent residence permit even if you meet the above conditions
If you have a Highly-Skilled Professional visa, or meet the qualifications of a Highly-Skilled Professional
- Be of good conduct
- No delinquent payments of resident tax, national health insurance, etc., no traffic violations or punishments such as imprisonment or fines, etc.
- Have sufficient assets or skills to make a living
- Have an annual income of at least 3 million yen, own a home, etc.
- Be in possession of 70 points or more, according to the highly-skilled professional point calculation table, AND have been in possession of 70 points or more 3 years prior
- Be in possession of 80 points or more, according to the highly-skilled professional point calculation table, AND have been in possession of 80 points or more for at least the last 1 year
If you have a Spouse of Japanese Resident visa, Spouse of Permanent Resident visa, or Dependent visa
- Be in a bona fide marriage for a continuous 3 years or more, and have lived in Japan for at least 1 continuous year
In the case of biological children, must have lived in Japan for at least 1 continuous year - The current status of residence must have a period of stay of 3 years or more
- If you have a visa with a 1-year period of stay, you cannot apply for a permanent residence permit even if you meet the above conditions
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If you need support applying for a Permanent Resident visa, please contact us, at IMS.
For more information, please contact us below ↓
https://imsvisa.support/en/contact/
Please also visit our website dedicated to permanent residence applications.
