【Permanent Residency】What is the effect of the new guideline for Permanent Residence Permits

Deccember 1st 2023, the Immigration Services Agency of Japan publish the new Guidelines for Permanent Residence Permit, the guideline which states the requirements of Permanent Residence. When the Immigration Inspectors inspect the application for Permanent Residence Permits, they will check first whether the applicants meet the requirements written on this guideline.

So, the amendment of this guideline affect all applicants who plan to submit the application for Permanent Residence Permits since some of them might lose the eligibility for the Permanent Residence Permits.

So, in this article, I'll explain how the new guideline affect the application of Permanent Residence Permits.

There is no effect on General applicants, spouse status holders and Long term Residents status holders.

Let me states one thing first that there is no change on the requirements for general applicants who live in Japan continously for 10 years or more. I also need to note about the applicants who currently have Spouse and children of Japanese, Spouse and children of Permanent Resident and Long Term Residents. The government did not make any changes for the requirements of these status.

There is the change on the requirements for High skilled professional.

If you are considering apply for Permanent Resident Permits by using Points based system, you might be careful whether you are still eligible or not. There is no change on the requirements for the persons who currently have High skilled professional status(高度専門職). However, there is the changes on the requirements for person who don't have High skilled professional stauts but want to use the points based system.

To explain the change, let me show you the old rules and. new rules. Here is the old rules.

【Old rules】

(6) When points are calculated as stipulated in the ministerial ordinance specifying the standards in the lower column of the column for highly skilled professionals in Appended Table 1, Part 2 of the Immigration Control and Refugee Recognition Act (hereinafter referred to as the "Ministerial Ordinance for Highly Skilled Professionals"). Those who have a score of 70 or more and fall under any of the following: A. The applicant must maintain the required score as a "highly skilled foreign professional" and reside in Japan for more than three consecutive years. (b) It is recognized that the person had a score of 70 or more when calculating the points prescribed in the Ordinance of the Ministry of Highly Skilled Professionals based on the point three years before the date of application for permanent residence.

(7) Persons who have a score of 80 or more when calculating points as stipulated in the Ordinance of the Ministry of Highly Skilled Professionals, and who fall under any of the following: A. The applicant must maintain the required score as a "highly skilled foreign professional" and reside in Japan for more than one year. (b) It is recognized that the person had a score of 80 or more when calculating the points prescribed in the Ordinance of the Ministry of Highly Skilled Professionals based on the point one year before the date of application for permanent residence, and has continued to score 80 or more for one year or more.

Let me show you the example, if you have 70 points in 2023, you meet this requirements by having 70 points or more in 2020. If you have 80 point in 2023, you will meet the requirements by having 80 points or more in 2022.

But now, the government changed the rules. Here is the new requirements. Here is the new rules.

【New rules】

(6) When points are calculated as stipulated in the ministerial ordinance specifying the standards in the lower column of the column for highly skilled professionals in Appended Table 1, Part 2 of the Immigration Control and Refugee Recognition Act (hereinafter referred to as the "Ministerial Ordinance for Highly Skilled Professionals"). Those who have a score of 70 or more and fall under any of the following: A. The applicant must maintain the required score as a "highly skilled foreign professional" and reside in Japan for more than three consecutive years. (b) It is recognized that the person had a score of 70 or more when calculating the points prescribed in the Ordinance of the Ministry of Highly Skilled Professionals based on the point three years before the date of application for permanent residence, and has continued to score 70 or more for three years or more. Must have a score of 1.0 or higher and be residing in Japan.

(7) Persons who have a score of 80 or more when calculating points as stipulated in the Ordinance of the Ministry of Highly Skilled Professionals, and who fall under any of the following: A. The applicant must maintain the required score as a "highly skilled foreign professional" and reside in Japan for more than one year. (b) It is recognized that the person had a score of 80 or more when calculating the points prescribed in the Ordinance of the Ministry of Highly Skilled Professionals based on the point one year before the date of application for permanent residence, and has continued to score 80 or more for one year or more. Must have a score of 1.0 or higher and be residing in Japan.

Let me show the example. Under the new rules, if you have 70 points in 2023, you need to have 70 points continuously for 3 years. Even if you had 70 points in 2022, you will not meet the requirements if you have 60 points in 2022 or 2021

New trends on PR applications

I've never seen before that the governemnt amended the guidline to implement more strict requirements on PR applications by the person who use the points based system. since Japan is now suffering shortage of High skilled professionals like engineers, reseachers and scientist.

the governments amended the guidelien several times and there are some changes regarding High skilled professionals. but these amendments works so that the high skilled professionals could get Permanent Residence Permits easier. The applications from the points based system users are prioritized compared with general applicants.

But now the new rules shows that there is the possibility that the government implement strict requirements on the applicants who are so high skilled that they could use the point based system if they think it's necessary to achive their polivy goal.

For person who plan to use the points based system, I recommend you to prepare for the applications with careful attitude.

Daichi Ito

daichiito@kamalegal.com