Permanent Residence

kyoto ishidatamiStatus of permanent residence is granted when certain conditions have been satisfied by foreign nationals who reside in Japan under another status of residence. When “Permanent Resident” status is granted, there will be no limitations on the status holder’s activities or period of stay.

Therefore assessment of the application will be made more strictly than other statuses. Immigration control legislations set forth separate provision for permanent resident status, independent from ordinary procedures for change of Status of Residence.

According to the amendment on April 27, 2017 to Guidelines for Permanent Residency, although you are currently working under other visas than Highly Skilled Foreign Professionals (H.S.F.P.), if you prove that you have been qualified as H.S.F.P. in the past *1 year or 3 years, you may possibly apply for permanent residency immediately without going through highly skilled professional visa to start counting your length of stay over again.

For detail, read Special Requirements for 10 years residence in Principle (6) and (7) described below.

To evaluate your qualifications as H.S.F.P., see below link.
>> Point Evaluation Mechanism (MOJ)
If your point marks over 80, you are eligible for applying permanent residency after 1 year of stay.  In case of over 70,  after 3 years of stay likewise.

Please consult us for more details if you find yourself to be applicable for the revised procedure.


Guidelines for Permission for Permanent Residence – Overview


1. The person is of good conduct
2. The person has sufficient assets or ability to make an independent living
※ Annual income considered to be minimum is approximately 2.8~3 million JPY, although it varies what part of Japan you live, number of dependent family members and other conditions.
3. The person’s permanent residence is regarded to be in accord with the interests of Japan
4. Stayed in Japan for more than 10 years consecutively
5. During his/her stay in Japan, the person had work permit or such status of residence for more than 5 years.
6. Never sentenced to a fine or imprisonment.
7. Fulfills public duties such as tax payment.
8. Person allowed to stay up to the maximum period of stay (for the time being, 3 years is regarded as maximum).
9. No possibility that the person could do harm from the viewpoint of protection of public health.
※ 1 and 2 do not apply to the spouses and children of Japanese nationals, special permanent residents and permanent residents.
※ 2 does not apply for those who have been recognizes as refugees.

Special Requirements for 10 years residence in principle
If you fall under one of the below, you may apply for permanent residency without waiting for 10 years.

(1) The person is a spouse of a Japanese national, special permanent resident or permanent resident, and has been in a real marital relationship for more than 3 years consecutively and has stayed in Japan more than 1 year consecutively. Or, the person is a true child of a Japanese national, special permanent resident or permanent resident, and has stayed in Japan more than 1 year consecutively.
(2) The person has stayed in Japan for more than 5 years consecutively with the status of long term resident.
(3) The person has been recognized as a refugee, and has stayed in Japan for more than
5 years consecutively after recognition.
(4) The person has been recognized to have made a contribution to Japan in diplomatic, social, economic, cultural or other fields, and has stayed in Japan for more than 5 years.
※ Please see “Guidelines for Contribution to Japan.”
(5) The person has continuously stayed in Japan for 3 years or more in cases where such person engaged in the activities coming under any of item (xxxvi) or item (xxxvii) of the public notice (Public Notice No. 131 of 1990) specifying the activities listed in the right-hand column of Appended Table I(5) of the Immigration Control and Refugee Recognition Act pursuant to the provisions of Article 7, paragraph (1), item (ii) of the same Act at a public or private organization located within the area of the plan specified in the regional revitalization plan approved under Article 5, paragraph (16) of the Regional Revitalization Act (Act No. 24 of 2005), and these activities are deemed to have made a contribution to Japan.
(6) The person has a total score of 70 points or more based on the points calculation criteria prescribed in the Ordinance to Provide for the Criteria in the Right-Hand Column Corresponding to “Highly-Skilled Professionals as Specified in Appended Table I(2) of the Immigration Control and Refugee Recognition Act” (hereinafter referred to as “Ordinance of the Ministry of Justice”), and comes under one of the following.
a. The person who has continuously stayed in Japan as a “Highly-Skilled foreign Professional” for 3 years or more.
b. The person who has continuously stayed in Japan for 3 years or more, and who is deemed to have a total of 70 points or more when calculating with reference to the situation at 3 years before the date of the application for permission for permanent residence.
(7) The person has a total score of 80 points or more based on the points calculation criteria prescribed in the “Ordinance of the Ministry of Justice”, and comes under one of the following.
a. The person who has continuously stayed in Japan as a “Highly-Skilled foreign Professional” for 1 year or more.
b. The person who has continuously stayed in Japan for 1 year or more, and who is deemed to have a total of 80 points or more when calculating with reference to the situation at 1 year before the date of the application for permission for permanent residence.

(Note 1) In these guidelines, for the time being, any person whose period of stay is “three years” shall be regarded as a “person who is allowed to stay up to the maximum period of stay”, as specified in the above Section 1 (3) c).
(Note 2) The “Highly-Skilled Foreign Professional” in the abovementioned 2 (6) a. is a person staying in Japan, who is deemed to have a score of 70 points or more as a result of the points calculation, and the “Highly-Skilled Foreign Professional” in the abovementioned 2 (7) a. is a person staying in Japan, who is deemed to have a score of 80 points or more as a result of the points calculation.

See also preferential treatment for highly skilled professional FAQ – Q2

Permanent Residence – Benefits & Remarks

1. Renewing status of residence is no longer necessary.
2. No restrictions on income generating activities in Japan.
3. Valid period for residence card will be 7 years from the date of issuance.
If under 16years old, valid until his/her 16th birthday.
4. Re-entry permit system (ordinary or special) is applied to Permanent Resident holder.
5. It will take 6 or more months to obtain result of your application.  If current status of residence might expire before your obtaining result, you will need to renew your status of residence.

>> ask us for more details or assistance

For the inquiry or to book a consultation, please
・ use contact form
・ email us at contact@fellows-legal.jp
・ call us at 03-3461-2761 (from overseas +81-3-3461-2761)

Business hours : Monday to Friday 10:00am ~ 7:00pm
Meetings out of business hours or weekends are available by appointment

 


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