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Permanent residence visa
I will explain the conditions for permission for a permanent residence visa.
I work as an immigration lawyer who specializes in applications to the Immigration Bureau. I also receive many inquiries about permanent residence visas. The most frequent inquiry is the question of whether a person can obtain permanent residence.
People want to know whether or not they can obtain permission for permanent residence themselves.
Perhaps you also want to apply for permanent residence soon if it is possible to obtain it now, or you are a person who cannot yet obtain permanent residence but you want to know how to obtain permanent residence?
The question of whether or not it is possible to obtain a permanent residence visa requires correct understanding of the “conditions for permission for permanent residence.”
I will now explain those conditions for permanent residence.
If the conditions are cleared a permanent residence visa can be obtained, and if the conditions are not fulfilled the result will be that permission is not granted even if an application is made. The requirements for permission are the most important things.
First is the first requirement.
History of residence
Have you lived in Japan for ten years?
A condition for permission for permanent residence is continuously living in Japan for at least ten years. It seems that there are people who make an application in their own way after 9 years and a few months, but please be careful because this does not fulfill the criteria for permission and therefore permission will not be granted.
It is necessary for at least a full ten years to have passed at the time the application is made. The period of screening is approximately 6 months. The condition is not that ten years have passed at the time the result of permission is given, but rather at least a full ten years at the time the application is made. If it is just a few months, please wait rather than hurry.
Another condition is that you have worked for at least five years out of those ten years. A part-time job is no good. You must have obtained a working visa and worked as an employee for at least five years. It is okay even if you did not continuously work at the same company. It is okay even if you changed jobs. You can total the number of years at a previous company and your current company.
As for the meaning of “continuous” for “ten continuous years,” it will become difficult to be judged as “continuous” if you leave Japan to go to another country for approximately 180 days in one year. Your period of stay in Japan will be temporarily interrupted. If you have a large number of days when you are outside Japan, please check your own passport.
Next, if you are a person who is married to a Japanese person or a permanent resident, it will be okay even if you have not lived in Japan for ten years.
For a foreigner who is married to a Japanese person or a permanent resident, it will be okay
if at least three years have passed since you got married, and you have lived in Japan for at least one year.
For a person who is married to a Japanese person or a permanent foreign resident, it is okay even if you have not lived in Japan for ten years. You will fulfill the condition for permission for permanent residence by being married for three years and living in Japan for one year.
Next, is the second requirement.
The visa you have now is for at least three years.
There are valid periods for visas of one year, three years, and five years, but it is necessary to have a visa with a valid period of at least three years. A person with a visa with a valid period of one year cannot apply for permanent residence.
Next, is the third requirement.
Livelihood requirement
This means: Do you have a stable income?
Whether you have a lot of savings or a little is rather irrelevant. Income is more important than savings. If your annual income is not at least 3,000,000 yen the possibility of receiving permission will be quite low. If the applicant alone does not have an income of 3,000,000 yen, it will be okay if the household income is that much.
Next, is the fourth requirement.
Behavior requirement
The behavior requirement involves taxes, pension, health insurance, and criminal record.
It is important that you have paid all taxes thus far, so if you have not paid them please be sure to pay all of them. The main tax is residence tax. If you have not paid it, it will be okay if you pay it.
Pension has recently become a point for screening. Previously it was okay even if pension was not paid, and even if all of it was not paid, it was okay if the portion for the past one year was paid. However, the Immigration Bureau sometimes requires the portion for the past three years; therefore, if you are asked it will be necessary to pay the portion for three years.
In addition, as for health insurance, if you are covered by health insurance through your company it will not be a problem. If you are not covered by health insurance through your company I think you are covered by national health insurance, but if you are in arrears for national health insurance you will not receive permission.
The next thing is criminal record, but I think the most common things are traffic violations. If you drive a car, I think you may have committed traffic violations, but if they are minor traffic violations, it will be okay if you only have a few (three or four times). If you have more than that, I think that it will become disadvantageous.
Next, is the fifth requirement.
You can arrange a personal guarantor.
A person who can be a personal guarantor must be a Japanese person or a permanent resident.
An ordinary foreigner cannot be a personal guarantor. A person at your company or a friend is okay, so please try to find a person who can be a personal guarantor. If you are married, it is okay to ask your Japanese spouse to be your personal guarantor.
Next, I will explain things that are not related to conditions but for which you must take care.
・There is some kind of contradiction between materials submitted in the past and the current materials.
If there is some kind of contradiction between materials that were submitted at the time of an application for a working visa or a spouse visa in the past and the current application documents for a permanent residence visa, the Immigration Bureau will not know which is true; therefore, the possibility of not being granted permission for permanent residence will increase.
There will be doubts about whether your past application was true in the first place, and it is advisable to think that the officer in charge at the Immigration Bureau will not be kind and ask which information is correct. If you have even a slight contradiction, you must revise the contradiction and then make an application.
・Take care so that it will not be thought that you will get a divorce soon after obtaining permanent residence.
There are actually many people who get divorced soon after obtaining a permanent residence visa; therefore, if there are elements for which the Immigration Bureau will have doubts and think that this foreigner plans to get divorced after obtaining permanent residence, the possibility that permission will not be granted will increase.
Were you able to confirm the conditions for permanent residence?
Merits for obtaining permanent residency
What kind of merits are there for obtaining permanent residence? I would like to explain the merits of obtaining permanent residence.
First is the first merit.
・There is no time limit on residence.
Ordinarily, the time limit for a working visa is one year or three years, but if you obtain a permanent residence visa, there will be no time limit on residence. The fact that there is no time limit means that you can live in Japan forever. In addition, procedures for renewal will be unnecessary from now on. Although up to now, it was necessary to go to the Immigration Bureau once every year or once every three years in order to conduct renewal procedures, after obtaining permission for permanent residence procedures for renewal will be unnecessary.
The second merit
・There are no restrictions on the type of work.
For example, with a working visa, the content of work such as “engineer” or “specialist in humanities/international services” is determined and you are not allowed to work outside the scope of what is determined by your visa, but if you obtain a permanent residence visa, it will be okay to do any kind of work.
The third merit.
・It will become simple to start a company.
In the event that an ordinary foreigner will start a business in Japan and be the company president, it is necessary to obtain an investor/business manager visa. There are various conditions for an investor/business manager visa, such as capital of 5,000,000 yen, and the hurdle is high, but it will become unnecessary to obtain an investor/business manager visa. This means that you can create a company even with only 1 yen, the same as a Japanese person. The conclusion is that it will be easy to start a company.
The fourth merit.
・It will become easier to obtain loans from the bank.
I think there are many people who want to buy a home if they are going to live in Japan forever. In actuality, the screening for a loan for a foreigner with a working visa is strict, but it will be easier to pass the screening for a loan by a bank if you have a permanent residence visa.
The fifth merit.
・Your spouse or child can also change to a “spouse or child of permanent resident” or “long-term resident” visa that does not have restrictions on activities.
If you obtain permanent residence, it will also be advantageous for your spouse or child.
The sixth merit
・Even if you get divorced you can live in Japan forever.
For example, a person who has a visa for a spouse of a Japanese national will become unable to renew the visa if he or she gets divorced; therefore, he or she will have to change to a working visa or a long-term resident visa. However, if you obtain permanent residence in advance it will not be necessary to renew it and therefore you can have peace of mind.
What do you think of the merits of permanent residence? There are many merits, aren’t there? If you plan to live in Japan forever, it is definitely advantageous to obtain permanent residence.
Schedule for applying for permanent residency
Next, I will explain the support schedule for a permanent residence application.
This is how to proceed with an application, in other words the schedule for applying for permanent residency. You will be able to obtain permanent residence if you have the support of our firm, so please first confirm the schedule for application.
① Meeting
First we will have a meeting and listen to the circumstances of your daily life. We will ask you about things about yourself, such as when you came to Japan and what kind of work you do.
② Presentation of necessary documents
After listening to what you tell us, we will tell you what documents are necessary for an application and give you a list of the necessary documents. The documents that are necessary first differ according to the person. Nationalities are different and occupations are also different. Family circumstances also differ according to the person; therefore, we will give you a list of the necessary documents after being sure to listen to what you tell us.
③ Document collection
We will give you a list and then either have you collect those documents or, in the case of full support, also help with document collection.
④ Preparation of set of application documents, written reason for application, writtenexplanations for application, and various evidentiary materials
We will prepare all of these documents at our office. Basically, it is not necessary for you to prepare documents. We do not merely create application documents, but instead create application documents that fulfill the necessary permission criteria in order to obtain permission for permanent residence.
⑤ Application on your behalf
Our firm’s immigration lawyer will make an application at the Immigration Bureau on your behalf. It is not necessary for you to submit the application.
⑥ The screening period is approximately 6 months.
Sometimes there is contact from the Immigration Bureau during this screening period. Such contact includes questions about the content of the application, requests for more detailed explanations, and requests for submission of materials that prove certain things. Our firm will handle all of such things.
⑦ Notification of the result
Basically, it is expected that an application made through our firm will be granted permission for permanent residence with no problems.
Questions and answers related to Permanent residence visa
How do I apply for permanent residence together with a family member? | ||
There are people who want to apply for permission for permanent residence simultaneously with their wife or child. |
What about a case in which the person has lived in Japan for less than ten years? | ||
An ordinary foreigner who has lived in Japan for less than ten years cannot receive permission for permanent residence. A requirement for permission for permanent residence is that the person has lived in Japan continuously for at least ten years. There are the following three patterns in which it is possible to apply with less than ten years.
●Spouse of a Japanese person ●Spouse of a permanent resident ●Long-term resident
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The way of counting the number of years of staying | ||
In principle, it is necessary to have lived in Japan for at least ten years (* for a foreigner who is married to a Japanese person, at least three years) in order to obtain permission for permanent residence. For this, it is necessary that it is at least ten continuous years, without the status of residence (visa) being interrupted. In the event that it was interrupted during the ten years, calculation will be made by starting again from the time the status of residence (visa) was newly obtained. In addition, this does not mean that it is okay to simply have an address in Japan for at least ten years. There will be a problem if the number of days of living in Japan during a year is too few. |
About revocation of permanent residence | ||
I am often asked by foreigners who are married to Japanese people if their permanent residence will be revoked if they get a divorce after obtaining a permanent residence visa. |
What is the content of a guarantee by a personal guarantor? | ||
In the case of applying for permission for permanent residence, it is absolutely necessary to arrange for a “personal guarantor.” |
Is it necessary to renew the current visa after an application for permanent residency has been made? | ||
Please think of an application for permanent residence and renewal of your current visa as separate applications. |
Is it okay even if there was a traffic violation in the past? | ||
If you will apply for permanent residence, it will be disadvantageous if you have traffic violations. |
Past illegal stay and application for permission for permanent residence | ||
Basically, the Immigration Bureau’s screening for an application for permanent residence will be strict for a foreigner who has a background of staying illegally or overstaying. |
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