What is changed under the new guideline for Permanent Residents？

If you are considering to apply for Permanent Residency in Japan, you might hear the Government of Japan introduced the new rules on PR VISA application.

https://www.japantimes.co.jp/news/2019/05/31/national/crime-legal/rules-revised-ensure-time-japan-new-visas-wont-count-toward-permanent-residency/#.XsHermgzbIV

the Japan Times “Rules revised to ensure time in Japan under new Type 1 visa won't count toward permanent residency” 2020/5/18

It is true. The Ministry of Justice issued the new guideline in 2019 on PR VISA. One of the reasons is the amendment of the Immigration Control and Refugee Recognition Act to make the VISA for new types of working VISA for factory works. And they also make new list of necessary documents you need to submit to an Immigration Bureau.

In this article, I’ll explain the new rules on Permanent Residency in Japan and what are the points you need to know under the New PR rules.

1.New rules on 10 years continuously

http://www.moj.go.jp/nyuukokukanri/kouhou/nyukan_nyukan50.html

The website of the Ministry of Justice “Guideline of Permanent Residence”

Here is the requirement of Permanent Residency

To get PR, you need to meet the following requirements.

1.Good moral standards

You need to have good moral standard if you would get PR in Japan. You shouldn’t have record of imprisonment and fine because of violation of Japanese law. The government of Japan want to accept foreign citizens who are good members for the community, so they ask PR applicants to have good moral standing.

Even you have not violated the law of japan, you might be rejected if you have record of frequent records of minor violation of law and socially unacceptable acts.

2. Having basis or skills to sustain your independent life

If you would like to get the permission of Permanent Residence, you also need to have economical ability or basis or skills to continue your economically independent life in Japan. If you received public allowance for low income families, you don’t meet this requirement. Generally, if your annual income is lower than 3 million yen, you are unlikely to meet this requirement.

3. Meeting national interest

According to the guideline for Permissions of Permanent Residence from the Ministry of Justice, your residence in Japan have to meet national interest for Japan. They also published condition about national interest as followings;

living in Japan continuously for more than 10 years. you also need to have more than 5 years periods with Working VISA or Residence VISA (ex. Spouse VISA) among 10 years.

Having 3 years or 5 years VISA

Fulfilling obligation for payment of tax and social security and obeying law

No risk of harming in terms of public sanitary

No extreme risk to harm public interest

Principally, you need to live in Japan for more than 10 years. But you also need to have more than 5 years with Working VISA or Residence VISA (like Spouse VISA) among 10 years. But the new rules excluded some types of Working VISA on counting 5 years. the new guideline said you need to living in Japan for more than 10 years and you need to have more than 5 years with Working VISA (not including Technical Intern and Specific Skilled Workers 1) or Residential VISA among of 10 years.

This rule is designed to exclude the period of Technical Intern and Specified Skilled Workers from count of 10 years living period. Technical Intern is the system to accept foreign citizens who would like to learn skills which is difficult to learn in their nations. Specified Skilled Workers 1 is the VISA status which allow you to live in Japan to work for 5 years with blue color positions. the government of japan think these are used by foreign citizens who would like to live in Japan for certain period of times, so these should not be counted to make foreign citizens live in Japan permanently.

2. Change of Necessary documents

The Ministry of Justice also make the new list of necessary documents you need to submit an Immigration Bureau when you apply for Permanent Residency in Japan.

http://www.moj.go.jp/ONLINE/IMMIGRATION/ZAIRYU_EIJYU/zairyu_eijyu03.html

You just needed to submit documents regarding tax payment for current 3 years. But from 2019, you need to submit the documents regarding tax payment for current 5 years. they said you need to submit Tax payment Certificate for income tax for 5 years and Taxation Certificates of Residential Tax for 5 years and Tax payment Certificate of residential tax for 5 years.

Currently the Immigration Service Agency are quite cautious on Tax payment and social security payment. Now Japan has been suffering increase of deft and cost for social security due to decreasing of population of Working ages and increase of aging population. Consumer Tax is up to 10 percent on last October. their priority is increasing tax revenue and revenue for social security payment. This is why they also review more years on record of tax payment when they submit the application for Permanent Residency.

You might think you just need to pay for tax for 5 years. So, some people just pay tax for 5 years right before the application of Permanent Residence. But recently they also check whether you also follow the deadline of the payment of tax and social security. So, some applicants get rejected because their payment is made after the deadline.

Daichi Ito

Immigration Lawyer (Gyoseishoshi)

080-5183-4897

daichiito@kamalegal.com

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After graduating the Faculty of Law of Hosei University in Tokyo, Daichi Ito stated Kamakura International Legal Service(行政書士鎌倉国際法務事務所) and specialize in Immigration procedures and naturalization. Now He mainly handle PR application for various clients from highly skilled professionals to spouse VISA holders.

Office Address: 124 Zyuniso, Kamakura-shi, Kanagawa-ken

Office Hour; 9:00~17:00 Monday-Friday

E-mail: daichiito@kamalegal.com