Permanent resident status (永住許可 - eijū kyoka) in Japan is a highly sought-after immigration status that grants foreign nationals the right to reside in the country indefinitely, without the need to renew their period of stay, and with significantly fewer restrictions on their activities compared to most other statuses of residence. Obtaining this status is a major milestone for foreign nationals wishing to make Japan their long-term home. This article explores the requirements and procedures for applying for permanent residence as primarily outlined in Article 22 of Japan's Immigration Control and Refugee Recognition Act (ICRRA), and delves into the key considerations, including the "Guidelines for Permission for Permanent Residence."

Understanding Permanent Residence in the Context of Japanese Immigration Law

Permission for permanent residence is legally a type of "change of status of residence." A foreign national already residing in Japan under a valid, typically long-term, status of residence (e.g., a work visa, spouse visa) applies to change that status to "Permanent Resident" (永住者 - eijūsha), which is listed in Appended Table II of the ICRRA.

Historically, there was a provision for obtaining permanent residence upon initial landing in Japan, but this was removed in the 1989 amendments to the ICRRA to clarify that Japan does not have a policy of accepting immigrants in the traditional sense directly upon arrival for permanent settlement. The current system is designed for individuals who have already established a period of lawful and stable residence in Japan.

The Application Process (Article 22, Paragraph 1)

Article 22, Paragraph 1 of the ICRRA states:
"A foreign national who wishes to change his/her status of residence to that of "Permanent Resident" shall apply to the Minister of Justice for permission for permanent residence, pursuant to the procedures provided for by an Ordinance of the Ministry of Justice."

The application is submitted to the Minister of Justice, which in practice means filing with the Regional Immigration Bureau that has jurisdiction over the applicant's place of residence.

Core Requirements for Permanent Residence (Article 22, Paragraph 2)

Article 22, Paragraph 2 lays out the fundamental conditions that an applicant must generally meet:
"In the event that an application as set forth in the preceding paragraph has been submitted, the Minister of Justice may grant permission only when he/she finds that the foreign national conforms to all of the following items and that his/her permanent residence will be in accordance with the interests of Japan. However, if the applicant is the spouse or child of a Japanese national, a person who has been granted permission for permanent residence, or a special permanent resident, he/she shall not be required to conform to item (i) and item (ii):
(i) That the foreign national's conduct is good.
(ii) That the foreign national has sufficient assets or skills to make an independent living."

This paragraph establishes three main pillars for approval:

1. Good Conduct (素行が善良であること - sokō ga zenryō de aru koto)

This requires the applicant to have a clean record and abide by Japanese laws. Factors considered include:

• Criminal Record: Generally, individuals with criminal convictions (both in Japan and abroad) will face significant hurdles. The severity and nature of the offense, and the time elapsed since, are taken into account.
• Immigration Law Compliance: A history of violating the ICRRA (e.g., overstaying, engaging in unauthorized activities) is viewed negatively.
• Tax and Social Security Obligations: Proper payment of taxes (income tax, resident tax) and contributions to social security schemes (pension, health insurance) is increasingly scrutinized as evidence of being a responsible member of society.
• General Conduct: Any behavior that disturbs public order or morals can be detrimental.

2. Sufficient Assets or Skills to Make an Independent Living (独立の生計を営むに足りる資産又は技能を有すること)

The applicant must demonstrate that they, or their household, can maintain a stable and independent livelihood in Japan without becoming a public burden. This is assessed based on:

• Stable Income: Consistent and sufficient income from employment or business. While there are no explicitly published minimum income figures applicable to all cases, guidelines often suggest an income level that is stable and allows for a self-sufficient life in Japan. For instance, for a single applicant, an annual income of around 3 million yen has often been cited as a general benchmark, though this can vary based on family size, location, and individual circumstances.
• Assets: Savings or other assets can also be considered, though stable income is usually prioritized.
• Skills and Employment Stability: The nature of employment, job security, and possession of skills that are in demand can contribute to a positive assessment.

3. Accordance with the Interests of Japan (日本国の利益に合すること - Nihon-koku no rieki ni gassuru koto)

This is a broad and somewhat discretionary requirement, allowing the Minister of Justice to consider various factors from a national interest perspective. The "Guidelines for Permission for Permanent Residence" (永住許可に関するガイドライン - Eijū Kyoka ni Kansuru Gaidorain), published by the Immigration Services Agency, provide more specific interpretations of this requirement. Key aspects generally include:

• Principle of 10 Years of Continuous Residence: Generally, the applicant must have resided in Japan continuously for at least 10 years. Within this period, it's usually required that they have held a work-based status of residence or a status like "Spouse or Child of Japanese National" for at least 5 years consecutively.
• Possession of the Longest Authorized Period of Stay: The applicant must currently hold the longest period of stay granted for their current status of residence (e.g., if their status allows for 1, 3, or 5 years, they should generally be on a 5-year period of stay at the time of application for permanent residence). This indicates a degree of stability and trust from the immigration authorities.
• Fulfillment of Public Duties: This includes paying taxes, making pension and health insurance contributions, and adhering to other legal obligations.
• No Risk to Public Health: The applicant should not pose a risk to public health (e.g., by having certain infectious diseases).
• No Risk of Harm to Public Interest: The applicant's presence should not be deemed significantly detrimental to the public interest (e.g., involvement in activities that could harm public safety or order).
• Having a Guarantor (身元保証人 - mimotos_hoshōnin): A person residing in Japan (usually a Japanese national or permanent resident) who can vouch for the applicant's character and compliance is typically required to act as a guarantor. The guarantor's responsibilities are primarily moral, though they may be asked to assist with costs if the applicant becomes a public charge.

Exceptions for Spouses and Children (Article 22, Paragraph 2, Proviso)

The proviso in Article 22, Paragraph 2 significantly relaxes the requirements for certain applicants:
"However, if the applicant is the spouse or child of a Japanese national, a person who has been granted permission for permanent residence, or a special permanent resident, he/she shall not be required to conform to item (i) [good conduct] and item (ii) [independent livelihood]."

This means that spouses and children of Japanese nationals, permanent residents, and special permanent residents are exempt from explicitly proving "good conduct" and "sufficient assets or skills for an independent living" as separate conditions.

However, it is crucial to understand that:

• The overarching requirement that "his/her permanent residence will be in accordance with the interests of Japan" still applies.
• While good conduct and independent livelihood are not mandatory independent conditions for this group, severe misconduct or a complete lack of means to live (to the extent of becoming a significant public burden) could still be considered negatively under the "interests of Japan" assessment.
• The "Guidelines for Permission for Permanent Residence" further elaborate on these exceptions. For example:
  • Spouses of Japanese nationals, permanent residents, or special permanent residents: Typically, they must have been genuinely married and cohabiting in Japan for more than 3 years, and have resided in Japan for more than 1 year consecutively.
  • Children of Japanese nationals, permanent residents, or special permanent residents: They usually must have resided in Japan for more than 1 year consecutively.

These exceptions significantly shorten the required period of residence in Japan compared to the general 10-year rule.

Special Provisions for Other Categories

Refugees (Article 61-2-11)

Article 61-2-11 of the ICRRA provides a special consideration for individuals recognized as refugees in Japan:
"When an application for permission for permanent residence set forth in Article 22, paragraph (1) has been submitted by a person who has been recognized as a refugee, the Minister of Justice may, notwithstanding the provisions of paragraph (2) of said Article, grant permission therefor even if said person does not conform to item (ii) of said paragraph [sufficient assets or skills to make an independent living]."
This acknowledges the often-vulnerable economic situation of refugees and allows the Minister of Justice to grant permanent residence even if they do not fully meet the independent livelihood requirement, provided their permanent residence is otherwise in Japan's interest.

Highly Skilled Professionals (HSP)

While not explicitly detailed in Article 22 itself, Japan has a points-based system for "Highly Skilled Professionals." Individuals who meet a certain points threshold based on their education, professional experience, salary, etc., can obtain the HSP status of residence. A significant benefit of this status is a fast-track to permanent residence. Depending on the points achieved:

• Those with 70 points can typically apply for permanent residence after 3 years of continuous HSP activities in Japan.
• Those with 80 points or more can typically apply after just 1 year of continuous HSP activities in Japan.
  These are significant relaxations of the general 10-year residency requirement.

Action upon Approval and Effect of Permission (Article 22, Paragraph 3)

Article 22, Paragraph 3 states:
"When the Minister of Justice grants the permission set forth in the preceding paragraph, he/she shall have an immigration inspector issue a residence card to said foreign national pertaining to said permission. In this case, said permission shall become effective at the time of issuance of said residence card."

Upon approval:

1. A new Residence Card indicating the "Permanent Resident" status is issued.
2. The permission for permanent residence (and thus the change to "Permanent Resident" status) becomes legally effective at the moment this new Residence Card is delivered to the applicant.

Once permanent residence is obtained, the holder is no longer subject to restrictions on their activities (they can engage in almost any type of lawful work) and their period of stay becomes indefinite. They are, however, still required to renew their Residence Card every seven years (if aged 16 or over) and comply with other obligations applicable to foreign residents, such as carrying their Residence Card and reporting changes to registered information.

Considerations in Practice

• Discretionary Nature: While the guidelines provide a framework, the final decision on permanent residence applications rests on the comprehensive and discretionary judgment of the Minister of Justice.
• Thorough Documentation: Applications require extensive documentation supporting all the criteria, including proof of income, tax payments, pension and health insurance contributions, details of family members, a letter of guarantee, etc.
• Processing Time: Processing times for permanent residence applications can be lengthy, often taking several months to a year or more.
• Reasons for Non-Approval: Common reasons for denial include insufficient period of residence, unstable income, failure to meet tax or social security obligations, past criminal or immigration violations, or inconsistencies in the application.

Conclusion

Obtaining permanent resident status in Japan is a significant achievement that offers substantial benefits, including freedom from activity restrictions and an indefinite period of stay. However, the requirements are stringent, generally involving a long period of lawful and stable residence, good conduct, financial independence, and a determination that the applicant's permanent residence aligns with the interests of Japan. While exceptions and relaxations exist for spouses and children of Japanese nationals/permanent residents, refugees, and highly skilled professionals, the process demands meticulous preparation and a consistent record of compliance with Japanese laws and societal norms. Understanding these multifaceted requirements is the first step for any foreign national considering making Japan their permanent home.