What is Permanent Residency? A Guide to Obtaining Permanent Residency Status in Japan and Understanding the Differences with Naturalization

Understanding Permanent Residency: The Basics

Permanent residency grants foreigners the right to live in Japan without time restrictions on their stay. This status, referred to as "Permanent Resident," allows for unrestricted activities and employment in Japan, making it a highly desirable option for many foreigners.

Additionally, there are specific considerations and advantages for companies that employ permanent residents. These are explained in detail below.

Three Key Conditions for Obtaining Permanent Residency

To obtain the status of "Permanent Resident" in Japan, the following three conditions must be met:

1. Good Conduct

Applicants must adhere to Japanese laws and lead a stable, law-abiding life. Minor infractions, such as speeding tickets, are generally not considered a problem, but repeated offenses could lead to rejection.

2. Sufficient Financial Resources or Skills

Applicants must have the income or skills necessary to support themselves in Japan. The assessment considers the entire household's income, so even if the applicant's income is low, their spouse's sufficient income could satisfy this requirement.

3. Contribution to Japan's National Interest

The applicant's residency must benefit Japan. Specifically, applicants need to have lived in Japan for more than 10 years, have no history of fines or imprisonment, fulfill their tax obligations, and not pose any public health risks.

Exceptions exist, allowing applications without meeting the 10-year residency requirement under certain conditions.

Exceptions: Applying for Permanent Residency with Less Than 10 Years of Residency

Under certain conditions, it is possible to apply for permanent residency without having lived in Japan for 10 years.

  • Spouses or children of Japanese nationals, permanent residents, or special permanent residents
  • Those who have resided in Japan for over 5 years under a long-term resident visa
  • Recognized refugees who have lived in Japan for more than 5 years
  • Individuals who have contributed to Japan in areas such as diplomacy, society, economy, or culture

More details on these exceptions can be found in the Ministry of Justice Guidelines.

A Step-by-Step Guide to Applying for Permanent Residency

There are two primary scenarios under which permanent residency can be applied for:

  1. Changing from an existing visa to a permanent residency visa
  2. Applying for permanent residency by birth or other qualifying events

While the application must generally be submitted by the applicant themselves, specific conditions allow for proxy applications. The review process by the Ministry of Justice typically takes four months, but in some cases, it may take over six months.

Differences Between "Permanent Resident," "Special Permanent Resident," and "Naturalization"

Differences Between "Naturalization" and "Permanent Residency"

"Naturalization" refers to obtaining Japanese citizenship, granting the rights of a Japanese national. In contrast, "Permanent Residency" allows foreigners to live in Japan indefinitely without acquiring Japanese citizenship, maintaining their original nationality. The process of naturalization is generally more stringent than that of obtaining permanent residency.

Differences Between "Special Permanent Resident" and "Permanent Resident"

"Special Permanent Residents" are those who lost their Japanese nationality after World War II, such as Koreans and Taiwanese who were residing in Japan before the war and their descendants. Unlike regular permanent residents, special permanent residents do not need to submit a "Foreign Employment Status Notification" and receive a "Special Permanent Resident Certificate" instead of a residence card.

Frequently Asked Questions for Employers Regarding Permanent Residency

What should employers be aware of when hiring permanent residents?

While the "Permanent Resident" status does not impose employment restrictions, employers are required to file a "Foreign Employment Status Notification." Additionally, since permanent residency can be revoked for criminal behavior, it is crucial for employers to educate their employees on the importance of abiding by the law.

What are the benefits of hiring a permanent resident?

Permanent residents are not subject to work restrictions or visa expiration, which makes them ideal candidates for long-term employment.

How can I verify if someone has permanent residency?

Check their residence card. If it states "Permanent Resident," then they hold permanent residency status.

Be Aware of the Relationship Between Overseas Assignments and Permanent Residency Applications

When an employee is assigned overseas for an extended period, they may need to relinquish their Japanese residency status, which can reset the residency period required for permanent residency applications. Therefore, it is essential to be cautious when proposing overseas assignments to foreign employees who are seeking to obtain permanent residency in Japan.

Q. How many years do I need to stay in Japan before I can apply for permanent residency?

A. The standard requirement for applying for permanent residency in Japan is continuous residence in Japan for over 10 years. However, there are exceptions to this rule that allow for applications with less than 10 years of residence:

  • Spouses of Japanese nationals, permanent residents, or special permanent residents who have been married for at least 3 years and have lived in Japan for over 1 year.
  • Children of Japanese nationals, permanent residents, or special permanent residents who have lived in Japan for over 1 year.
  • Long-term residents who have continuously resided in Japan for over 5 years.
  • Recognized refugees who have continuously resided in Japan for over 5 years after being recognized as refugees.
  • Individuals recognized for their contributions to Japan in diplomacy, society, economy, or culture, who have resided in Japan for over 5 years.
  • Those engaged in activities recognized under the Regional Revitalization Act who have resided in Japan for over 3 years.
  • Individuals who have earned 70 or more points under the Highly Skilled Professional Point System for 3 years before the application date.
  • Individuals who have earned 80 or more points under the Highly Skilled Professional Point System for 1 year before the application date.

Q. I have been living in Japan for more than 10 years, but I don't have 5 years of work experience. Is it difficult to apply?

A. Even if you have lived in Japan for over 10 years, if your work experience does not meet the 5-year requirement, other residency qualifications can be considered. For example, if you have a Family Stay Visa, Long-term Resident Visa, Japanese Spouse Visa, or Permanent Resident Spouse Visa, these can be combined to meet the 5-year continuous residency requirement, allowing you to apply for permanent residency.

Q. Does the "Designated Activities" Visa count as a residency qualification?

A. The "Designated Activities" Visa can count as a residency qualification depending on the nature of the activities. This visa is granted by the Minister of Justice for specific activities, and if these activities are recognized as residency qualifications, the visa period can be counted towards the 5-year residency requirement for permanent residency applications.

Conclusion: Leverage Permanent Residency to Strengthen Your Workforce

Employing foreigners with permanent residency can provide significant benefits to a company, but it is also important to be aware of certain considerations. Utilize the advantages of permanent residency to secure long-term, valuable employees for your business.