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2020/05/07

About obtaining a permanent residence permit

A major goal for foreigners residing in Japan is to obtain a permanent residence permit (Permanent Resident Visa).
Permanent residency is the right for a foreigner to reside permanently in the country of stay without restriction on the period of stay. In Japan’s Immigration Law, this is called a permanent residence permit, which is granted by the Minister of Justice when a foreigner with a VISA(status of residence) wishes to change his / her VISA to a permanent resident. Foreigners who have obtained a permanent residence permit are called permanent residents.
What are good things if you can get a permanent residence permit? Let’s take a look below.

目次

1)Period of stay will be indefinitely.

If you can obtain a permanent residence permit, your period of stay will be indefinite.

The VISA for non-permanent residents has a period of stay usually 1, 3 or 5 years.
You can live and live in Japan during the permitted period of stay.
If you wish to continue living in Japan after that, you must apply for a extension of your stay by the end of your stay and you will not be able to stay in Japan without your permission. Before applying for a period of stay, you must collect the necessary documents, apply for a business day, and then receive the results. After changing to a permanent resident visa, you no longer need to apply for a extension of period of stay.

2)If you become a permanent resident, there will be no work restrictions.

Japanese visa can be roughly divided into two categories. One is Activity-type VISA given by activities conducted in Japan, and the other one is Status-type vise given by status or position in Japan.
There are four types of status-type vise: “Permanent Resident”, “Spouse or Child of Japanese National”, “Spouse or Child of Permanent Residen”, and “Long-Term Resident”.
There are no work restrictions for status-type vise. Any job is possible as long as it is not illegal.

Further,Activity-type VISA can be roughly divided into two group. One is Foreigners residing with working visa such as "Engineer / Specialist in Humanities / International Services" or "Skilled Labor" are allowed to stay in Japan by working with the permitted contents at a permitted institution. The other one is those who have "student" visa and "dependent" visa. They cannot work in principle because the purpose of coming to Japan is not working.
However, with permission from the Immigration Bureau, they will be able to work within 28 hours per week, excluding adult-entertainment related business.
However, if permanent residence permit is obtained, there are no restrictions on working. They can work 40 hours a week even work overtime. There is no problem working in adult-entertainment business such as Night Club and BAR.

However, if foreigners belonging to either group can obtain a permanent residence permit, there are no restrictions on job. They will be able to work without restrictions on job content, workplace and working hours.
With a permanent residence permit, you can stay in Japan without continuing to work. If you like Japan and want to live there, you can stay in Japan as long as you like. I think that you should apply for permanent residence when you have a chance, as reemployment is more difficult as you get older.

3)You will be free to start a business.

As explained in 2)above, foreigners residing in "Activity-type" VISA need to acquire "BusinessManager" VISA in order to start a business in Japan and run the company(Excluding Highly Skilled professionals residents).
(1)Prepare(secure)an office that meets the requirements stipulated by the Immigration Control Act, (2)Prepare a capital of 5 million yen or more, or "Employ two or more full-time employees." It is necessary to meet such requirements.
(3)You will also be required to submit a feasible business plan.

However, if you can obtain a permanent residence permit, there will be no restrictions on employment, and you will be able to start your business as freely as Japanese, regardless of the above requirements. Even if your capital is small or your home is your office, you can start a business.

4)Increases social credibility.

If you can obtain a permanent residence permit, your social credibility will increase.
A good example of increased social credibility is the availability of loans from financial institutions.
Loans to businesses as well as mortgages and car loans will be easier to receive.
Some banks have internal rules that require a permanent resident to use a loan.
However, just because you are a permanent resident does not mean that you can always use a loan.
The use of loans and other issues also involves issues such as monthly salaries and income.

Guidelines for Permission for Permanent Residence

The following is "Guidelines for Permission for Permanent Residence" announced by the Ministry of Justice. Here are the legal requirements and special requirements for obtaining a permanent residence permit. please confirm.


Guidelines for Permission for Permanent Residence 
Immigration Services Agency of Japan(Revised on May 31, 2019)

1. Legal requirements
(1) The person is of good conduct. The person observes Japanese laws and his/her daily living as a resident does not invite any social criticism.
(2) The person has sufficient assets or ability to make an independent living. The person does not financially depend on someone in the society in his daily life, and his/her assets or ability, etc. are assumed to continue to provide him/her with a stable base of livelihood into the future.
(3) The person's permanent residence is regarded to be in accord with the interests of Japan. a) In principle, the person has stayed in Japan for more than 10 years consecutively. It is also required that during his/her stay in Japan the person has had work permit or the status of residence for more than 5 years consecutively.
b) The person has been never sentenced to a fine or imprisonment. The person fulfills public duties such as tax payment.
c) The maximum period of stay allowed for the person with his/her current status of residence under Annexed Table 2 of the Immigration Control and Refugee Recognition Act is to be fully utilized.
d) There is no possibility that the person could do harm from the viewpoint of protection of public health.
※ The requirements (1) and (2) above do not apply to spouses and children of Japanese nationals, special permanent residents or permanent residents, and requirement
(2) does not apply for those who have been recognized as refugees

2. Special requirements for 10-year residence in principle
(1) The person is a spouse of a Japanese national, special permanent resident or permanent resident, and has been in a real marital relationship for more than 3 years consecutively and has stayed in Japan more than 1 year consecutively. Or, the person is a true child of a Japanese national, special permanent resident or permanent resident, and has stayed in Japan more than 1 year consecutively.
(2) The person has stayed in Japan for more than 5 years consecutively with the status of long term resident.
(3) The person has been recognized as a refugee, and has stayed in Japan for more than 5 years consecutively after recognition.
(4) The person has been recognized to have made a contribution to Japan in diplomatic, social, economic, cultural or other fields, and has stayed in Japan for more than 5 years. ※ Please see “Guidelines for Contribution to Japan.”
(5) The person has continuously stayed in Japan for 3 years or more in cases where such person engaged in the activities coming under any of item (xxxvi) or item (xxxvii) of the public notice (Public Notice No. 131 of 1990) specifying the activities listed in the right-hand column of Appended Table I(5) of the Immigration Control and Refugee Recognition Act pursuant to the provisions of Article 7, paragraph (1), item (ii) of the same Act at a public or private organization located within the area of the plan specified in the regional revitalization plan approved under Article 5, paragraph (16) of the Regional Revitalization Act (Act No. 24 of 2005), and these activities are deemed to have made a contribution to Japan.
(6) The person has a total score of 70 points or more based on the points calculation criteria prescribed in the Ordinance to Provide for the Criteria in the Right-Hand Column Corresponding to “Highly-Skilled Professionals as Specified in Appended Table I(2) of the Immigration Control and Refugee Recognition Act” (hereinafter referred to as “Ordinance of the Ministry of Justice”), and comes under one of the following. a. The person who has continuously stayed in Japan as a “Highly-Skilled foreign Professional” for 3 years or more. b. The person who has continuously stayed in Japan for 3 years or more, and who is deemed to have a total of 70 points or more when calculating with reference to the situation at 3 years before the date of the application for permission for permanent residence.
(7) The person has a total score of 80 points or more based on the points calculation criteria prescribed in the “Ordinance of the Ministry of Justice”, and comes under one of the following. a. The person who has continuously stayed in Japan as a “Highly-Skilled foreign Professional” for 1 year or more. b. The person who has continuously stayed in Japan for 1 year or more, and who is deemed to have a total of 80 points or more when calculating with reference to the situation at 1 year before the date of the application for permission for permanent residence.

(Note 1) In these guidelines, for the time being, any person whose period of stay is “three years” shall be regarded as a “person who is allowed to stay up to the maximum period of stay”, as specified in the above Section 1 (3) c).
(Note 2) The “Highly-Skilled Foreign Professional” in the abovementioned 2 (6) a. is a person staying in Japan, who is deemed to have a score of 70 points or more as a result of the points calculation, and the “Highly-Skilled Foreign Professional” in the abovementioned 2 (7) a. is a person staying in Japan, who is deemed to have a score of 80 points or more as a result of the points calculation.

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