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From June 10th 2024, 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) Be of 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) Having sufficient assets or skills to support one's livelihood independently
They do not become a burden on the public in their daily lives, and based on their assets and skills, they are expected to live a stable life in the future.
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.
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.
A) You have not been sentenced to a fine or imprisonment, etc. You have duly fulfilled your 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 you currently hold, you are 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.
For the status of residence that you currently hold, you are 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.
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.
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 want to use the point calculation for Highly skilled professionals, here is the exceptional requirements regarding residence history.
※You still need to meet (1)Be of goold conduct and (2) Having sufficient assets or skills to support one's livelihood independently and other conditions on (3) The person's permanent residence is deemed to be in the interests of Japan.
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. If you want to use the point calculation for Highly skilled professionals, here is the exceptional requirements regarding residence history. Here is the exceptional requirements regarding residence history.
※You still need to meet (1)Be of goold conduct and (2) Having sufficient assets or skills to support one's livelihood independently and other conditions on (3) The person's permanent residence is deemed to be in the interests of Japan.
Getting advice from professional is crucial
As you see in this article, some of requirements are confusing and difficult to understand what these mean. And You also need to know that there are some points which the Immigration officer check to find whether the applicants meet the requirements or not. And you also need to know that you need to prove you meet these requirements. There are some cases that applicants failed to get PR status because of discription on the documents or failing to submit the paper which is crucial to prove your eligibility.
And you also need to care about the fact that the inspection over PR status now takes around 14 months for many cases if you file the application to Tokyo Regional Immigration Services Bureau. So, if you fail to check your eligibility, you might waste 14 months and takes so much time even if you file re-application.
Under such condition, it is important to seek the advise from Immigration law profession like us who mainly handle application for Permanent Residency. Our firm prove the following services for applicants of Permanent Residences.
Handling documentation for PR application
Reviewing the proofs and the documents
Advising on how and when you should file the application
Act on the application to Immigration Services Bureau.
the first step you will take in my firm is checking whether you are eligible for Permanent Residency in Japan. If you want to check your eligibility, we will review your condition through consultation. We provide the following consultation service.
Consultation
Location:Yokohama,Shingawa
Fee:11,000 yen per hour
※Every Wednesday(10:00～17:00) and Tuesday(10:00〜17:00) we offer Free consultation.On Tuesday, we offer free consultation in Yokohama. On Wednesday, we offer free consultation in Shinagawa.
※If you enter to Service cotract, you will receive the discount on the fee in the same amount you paid as consultation fee.
Phone call consultation: 5,500 yen
※Each clients could use consultation through call once.
※If you enter to Service cotract, you will receive the discount on the fee in the same amount you paid as consultation fee.
E-mail Consultation:Free
※You could only seek advise regarding eligibility of residence status. You could not ask us to review the documents through consultation.
If you want to take consultation, please contact us through e-mail and let us know which consultation you want to take.
Daichi Ito
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