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From April 21st 2023, the Immigration Services Agency of Japan amended the Permanent Resident Permit Guidelines, the inspection standard for application of Permanent Residence in Japan.
The guideline is the minimum requirements to get Permanent Residence in Japan. The Immigration inspectors will also see the points which are not mentioned in this guideline. So, it doesn’t mean that you are guaranteed to get Permanent Residence by meeting the requirements written in this guideline.
But we will have to know that you must start consideration to apply for Permanent Residence after meeting these requirements. Since it’s the minimum requirements, the Immigration Authority does not issue Permanent Residence for the person who don’t meet the minimum requirements in this guideline. So, I think it’s worth checking the guideline before fulfilling the application form.
In this article, I’ll explain the requirements written in this guideline for working VISA holders (e.g. Highly Skilled Professional (HSP)（高度専門職）, Business Manager(経営・管理), Engineer/Specialist in Humanities/International Services (ESI)(技術・人文知識・国際業務).
General requirements for Working VISA holders
If you are working VISA holders who want to apply for Permanent Residence in Japan, here are the general requirements.
(1) Good conduct
Comply with the law and lead a life that is not socially criticized as a resident in your daily life.
You have to be the person who follow Japanese law. If you have the history for sentenced to be imprisoned or pay fine by judicial court, you don’t meet this requirements.
One thing you have to care regarding this requirement is traffic violation. In Japan, minor violations for traffic rules are not treated as crime. You would pay fine if you received the traffic ticket from a police officer. But this fine is not considered as “fine” under the criminal law of Japan. The Fine for minor violation of traffic rule is called Hansoku-kin(反則金) and considered as administrative penalty. So it is not considered as punishment for violation of criminal law.
Under current inspection, the Immigration inspectors does not reject the application for the applicant who just have the history of minor violation of traffic rule 1~3 times. But you are required to report the history of minor violation of traffic rules.
(2) Possessing sufficient assets or skills to make an independent living;
Those who do not become a burden on the public in their daily lives, and who are expected to lead a stable life in the future in view of their assets or skills.
You need to have enough income or asset to pay the cost of your life in Japan. The Immigration Services Agency has their own internal inspection standards to check whether your income is enough to pay the cost of your daily life in Japan. So, they will check whether your income meet the standard set by the Immigration authority.
(3) The person's permanent residence is deemed to be in the interests of Japan.
a. In principle, the applicant must have stayed in Japan continuously for 10 years or longer. However, within this period, it is necessary to stay in Japan for more than 5 years with a work status (excluding the status of residence "Technical Intern Training" and "Specified Skilled Worker No. 1") or residence status.
Principally, the applicants need to live in Japan for 10 years or longer. And you need to live in Japan for more than 5 years with working status or residence status. So you don’t meet this requirement if you live in Japan for 8 years as students VISA holders and 2 years as working VISA holders.
(b) The person has not been sentenced to a fine or imprisonment. Appropriately fulfilling public obligations (such as tax payment, payment of public pension and public medical insurance premiums, and reporting obligations stipulated in the Immigration Control and Refugee Recognition Act).
You are required to obey the law. You are also required to property fulfill public obligation (tax, social security). The Immigration authority check whether applicants pay the public obligation and whether applicants follows the deadline of the public obligations.
(c) The applicant is currently residing in Japan with the longest period of stay stipulated in Appended Table 2 of the Regulations for Enforcement of the Immigration Control and Refugee Recognition Act.
You need to have 3 years VISA or 5 years VISA. If you have 1 year VISA, you will not meet this requirement. But about this requirement, the Immigration officer has exceptional treatment for Dependent VISA holder(家族滞在).
D. There is no risk of being harmful from the viewpoint of public health.
The applicants have to be the person who will not harm public heath.
Requirements for the applicants who use point calculation for PR application
If you have enough points on the point calculation under the Ordinance of Highly skilled professional, you could meet the requirements without living in Japan for 10 years or more. The detail of the requirement for Permanent Residence by using the point calculation will be explained in another article.
Requirements for the applicants who meet the requirements under “Special High skill professional system”
If you meet the requirements under the Ordinance of Special High skill professional system(J-Skip), you have the possibility to get Permanent Residence with 1 year residence in Japan. The detail of the requirements of Permanent Residence through Special High skill professional system will be explained in another article.
※After publishing the article regarding PR application through point calculation, we will write URL of the article in this article.
Daichi Ito
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