Overview of the Permanent Resident Visa
If you have lived in Japan for an extended period, you may want to consider applying for a Permanent Resident visa. To do so, you must submit an application for permanent residence. Foreign nationals who hold a status of residence and wish to change it, or those seeking to acquire a status of residence due to circumstances like childbirth, can apply to change their status to "Permanent Resident" or acquire this status. The Minister of Justice will then decide whether to grant permission. This process is considered a type of change of status of residence.
Foreign nationals who have received permanent residency may reside in Japan with a “Permanent Resident” status of residence. There are advantages and disadvantages to the Permanent Resident visa, so consider what type of visa is best for you. The advantages and disadvantages are as indicated below.
Advantages:
- There are no limits on the activities you can perform while in Japan or on your period of stay.
- There is no need to renew your visa (however, even if you have received permanent residency, renewing your residence card is still required, and if you stay outside Japan for one year or more, you will also need to renew your residence card and receive re-entry permission).
- Permanent residency contributes to one’s social credibility in Japan and makes it easier to receive loans from Japanese banks.
Disadvantages:
- Your tax burden may change.
- You will need to get a reentry permit if leaving Japan for an extended period of time.
- Even after receiving permanent residency, you may be subject to deportation from Japan, under certain circumstances.
Generally speaking, the scope of your income tax payment obligations is determined by the number of years you have lived in Japan, and is not related to the type of visa you have. Therefore, even if you switch to a Permanent Resident visa, your tax classification does not change. However, if you live in Japan for an extended period of time, you may be required to pay income tax on your global income, not just your income in Japan.
Application Requirements for the Permanent Resident Visa
The following requirements must be met to apply for a Permanent Resident visa (Source: Immigration Services Agency website).
- The applicant must be of good conduct.
- The applicant must possess sufficient assets or skills to support one’s livelihood independently.
- The permanent residence of the applicant is deemed to be in the interests of Japan.
- In principle, the applicant must have continuously resided in Japan for 10 years or more. However, they must have continuously resided in Japan for 5 years or more with a working status (excluding the statuses of residence “Technical Intern Training” and “Specified Skills No. 1”) or a residence status.
- The applicant have not been sentenced to a fine or imprisonment, etc. The applicant have duly fulfilled their public obligations (tax payments, public pension and public health insurance premiums, and obligations such as filing notifications as stipulated in the Immigration Control and Refugee Recognition Act).
- For the status of residence that the applicant currently holds, he/she is residing in Japan with the maximum period of stay stipulated in Appendix 2 of the Enforcement Regulations of the Immigration Control and Refugee Recognition Act.
- There is no risk of it being harmful from a public health perspective.
- However, if the applicant is the spouse or child of a Japanese national, permanent resident, or special permanent resident, the applicant is not required to meet (1) and (2). In addition, if the applicant has been recognized as a refugee, a person recognized as a recipient of complementary protection status, or a third-country resettled refugee, the applicant is not required to meet (2).
Special Provisions for the 10-Year Residence Rule
Special provisions are made to the 10-year residency requirement indicated above in the following cases.
- For the spouse of a Japanese national, permanent resident, or special permanent resident, the following conditions must be met:
- The marriage must have been substantial for more than three years.
- The spouse must have continuously resided in Japan for more than one year.
In the case of a biological child, the spouse must have continuously resided in Japan for more than one year.
- The applicant must have resided continuously in Japan for more than five years with a "Long-Term Resident" status.
- If the applicant has been recognized as a refugee or eligible for complementary protection, they must have resided in Japan for more than five consecutive years since recognition.
- The applicant must have contributed to Japan in the fields of diplomacy, society, economy, culture, or other sectors, and have resided in Japan for five years or more.
- If the applicant is engaged in activities under items 36 or 37 of the Notice of the Ministry of Justice No. 131 of 1990 (related to the Immigration Control and Refugee Recognition Act), in a public or private institution within a regional revitalization area, and has been contributing to Japan through these activities, they must have continuously resided in Japan for more than three years.
- The applicant must meet the following criteria under the Highly Skilled Professional points system, as defined in the Immigration Control and Refugee Recognition Act:
- The applicant must have maintained a score of 70 points or more as a "Highly Skilled Foreign Professional" and have continuously resided in Japan for more than three years; or
- When using the point value from three years prior to the permanent residence application as the base point, the applicant must have been recognized with a score of 70 points or more, and resided in Japan with this score for three consecutive years or more.
- If the applicant has a score of 80 points or more under the Highly Skilled Professional points system, they must meet the following criteria:
- The applicant must have maintained the required points as a "Highly Skilled Foreign Professional" and have continuously resided in Japan for more than one year; or
- When using the point value from one year prior to the permanent residence application as the base point, the applicant must have been recognized with a score of 80 points or more, and resided in Japan with this score for one year or more continuously.
- If the applicant meets the criteria set forth in the Ministerial Ordinance on the Criteria for Specially Highly Skilled Foreign Workers, they must meet one of the following conditions:
- Have been residing in Japan as a "Specially Highly Skilled Foreign Worker" for more than one year continuously; or
- Have been residing in Japan for one year or more continuously and meet the criteria set out in the Ministerial Ordinance on Special Highly Skilled Foreign Workers based on the date one year prior to the date of application for permanent residence permission.
- With respect to this guideline, applicants are treated as “residing in Japan with the longest period of stay possible” as stated in section 1, 3 (c) if they have a period of stay of “three years.” For the time being, with regard to these guidelines, if a person has a period of stay of “3 years,” he/she will be treated as “residing with the maximum period of stay” as described above in (3)(c).
- The term “Highly Skilled Foreign Professionals” in the above 6. a. refers to persons residing in Japan who are recognized as having 70 points or more as a result of the point calculation, the term “Highly Skilled Foreign Professionals” in the above 7. a. refers to persons residing in Japan who are recognized as having 80 points or more as a result of the point calculation, and the term “Specially Highly Skilled Foreign Professionals” in the above 8. a. refers to persons residing in Japan who are recognized as meeting the criteria set out in the Ministerial Ordinance on Special Highly Skilled Foreign Professionals.
Source: Immigration Services Agency’s Guidelines for Permanent Residence Permission (Revised June 10, 2024)
Timing of Your Application
If you wish to transition from your current visa to a Permanent Resident visa, you must submit your application before the final day of your current period of stay. If your period of stay expires while your Permanent Resident application is being processed, you will need to submit a separate Application for Extension of Period of Stay.
If you are applying for a Permanent Resident visa due to circumstances such as childbirth, the application must be submitted within 30 days of the event that led to the decision to apply.
The processing time for a Permanent Resident visa application typically takes about four months. Be sure to check the timing of your application carefully to prevent your current visa from expiring before you are eligible to apply for permanent residency, and renew your current visa if necessary.
Information About the Guarantor
To apply for a Permanent Resident visa, you must have a person willing to serve as your guarantor. Typically, your guarantor will be a Japanese national, a permanent resident, or a special permanent resident living in Japan. The guarantor is required to complete several documents, including a Guarantor Form, and submit identification documents (such as a copy of their driver's license). While guarantors for Permanent Resident visas have moral obligations, they do not bear legal responsibilities.