Japan implemented a new system of residency management for foreign nationals in July 2012, significantly changing how foreign residents are registered and identified. Central to this system are the concepts of the "medium to long-term resident" (中長期在留者 - chūchōki zairyūsha) and the "Residence Card" (在留カード - zairyū kādo). Understanding who falls into this category and the features of the Residence Card is crucial for foreign nationals living in Japan, as well as for entities that employ or support them. This article explores the definition of a medium to long-term resident as per Article 19-3 of the Immigration Control and Refugee Recognition Act (ICRRA) and details the key aspects of the Residence Card system outlined in Article 19-4.

Defining the "Medium to Long-Term Resident" (Article 19-3)

Article 19-3 of the ICRRA defines a "medium to long-term resident" by exclusion. It states that this category includes foreign nationals residing in Japan under a status of residence, excluding those who fall under any of the following:

1. Persons granted a period of stay of three months or less: This typically covers individuals on very short-term assignments or visits that do not fall under the "Temporary Visitor" category but are still for a brief, defined period.
2. Persons granted "Temporary Visitor" (短期滞在 - tanki taizai) status: This is the most common status for tourists, short-term business travelers, and those visiting family or friends for a brief period (usually up to 90 days).
3. Persons granted "Diplomat" (外交 - gaikō) or "Official" (公用 - kōyō) status: These statuses are for individuals engaged in diplomatic or official government business and their families.
4. Persons designated by a Ministry of Justice Ordinance as equivalent to those in the preceding three items: This allows for specific exclusions through regulations. The Enforcement Regulations of the ICRRA (Article 19-2) specify such individuals, which include:
   • Special Permanent Residents: Their status is governed by a separate law, the Special Act on Immigration Control.
   • Foreign nationals who do not have a status of residence but are permitted to stay in Japan for up to 60 days following the loss of Japanese nationality or birth in Japan as a foreign national (pending acquisition of a status of residence).
   • Foreign nationals who are in Japan based on a specific permission related to refugee recognition procedures or departure orders, whose stay is inherently temporary or for a specific procedural purpose.

The introduction of the "medium to long-term resident" category in 2012 was part of a major overhaul of Japan's residency management system. This reform involved:

• Abolition of the Alien Registration System: The previous system, which required most foreign nationals to register with their local municipal office and carry an Alien Registration Card, was discontinued.
• Integration into the Basic Resident Register System: Medium to long-term residents, along with Special Permanent Residents, became subject to the Basic Resident Register Law (住民基本台帳法 - Jūmin Kihon Daichō Hō), similar to Japanese nationals. This means they are registered in the local municipality's resident records, which facilitates access to various administrative services.
• Issuance of Residence Cards: The Residence Card replaced the Alien Registration Card for medium to long-term residents.

The primary aims of these changes were to enable the Minister of Justice to more accurately and continuously grasp the residency status of foreign nationals, to reduce the administrative burden on both foreign nationals and municipalities by unifying some procedures, and to enhance convenience for legally residing foreign nationals while strengthening measures against illegal stays.

The Residence Card: Purpose and Key Features (Article 19-3 and 19-4)

The Residence Card is the cornerstone of the new residency management system for medium to long-term residents.

Purpose and Function

According to Article 19-3, the Residence Card is issued to medium to long-term residents as proof of their legal status in Japan. It certifies that the holder is lawfully residing in Japan with a specific status of residence and period of stay. It is a crucial identification document that:

• Proves Legal Status: It allows the holder to demonstrate their immigration status to various authorities, employers, financial institutions, etc.
• Facilitates Administrative Procedures: Being registered on the Basic Resident Register and possessing a Residence Card simplifies various administrative processes, such as those related to health insurance, pension, and local government services.
• Helps Prevent Illegal Employment: It provides employers with a clear way to verify a foreign national's work authorization (or restrictions).

Issuance and Obligation to Carry

Medium to long-term residents are obligated to receive and carry their Residence Card at all times (ICRRA, Article 23, Paragraph 2). They must also present it to immigration officers, police officers, or other authorized officials upon request (ICRRA, Article 23, Paragraph 3).

Information Displayed on the Residence Card (Article 19-4)

Article 19-4, Paragraph 1 details the information that must be entered on the Residence Card. This typically includes:

1. Name in full (as it appears in the passport, usually in Roman alphabet)
2. Date of birth
3. Sex
4. Nationality or Region (the region refers to areas like Taiwan or Palestine, whose passport-equivalent documents are recognized by Japan)
5. Place of Residence in Japan (住居地 - jūkyochi)
6. Status of Residence (在留資格 - zairyū shikaku)
7. Period of Stay (在留期間 - zairyū kikan)
8. Date of Expiration of the Period of Stay (在留期間の満了日 - zairyū kikan no manryōbi)
9. Type of Permission (e.g., landing permission, permission for change of status) and Date of Permission
10. Residence Card Number (在留カード番号 - zairyū kādo bangō) (This number is unique to each card issuance, meaning it changes upon renewal or reissuance).
11. Date of Issuance of the card
12. Date of Expiration of the Card's Validity Period (在留カードの有効期間の満了日 - zairyū kādo no yūkōkikan no manryōbi) (This is distinct from the expiration of the period of stay; for example, a card issued to a minor may expire on their 16th birthday, even if their period of stay is longer).
13. Whether or not there are restrictions on employment (就労制限の有無 - shūrō seigen no umu)
14. If permission to engage in an activity other than that permitted under the status of residence previously granted has been obtained, a statement to that effect (資格外活動許可を受けている場合はその旨 - shikakugai katsudō kyoka o ukete iru baai wa sono mune).

Photograph and IC Chip

• Photograph: The Residence Card must display a photograph of the holder (Article 19-4, Paragraph 3). This is a key security feature for visual identification.
• IC Chip (Electromagnetic Recording): Article 19-4, Paragraph 5 stipulates that all or part of the information recorded on the card, as well as the photograph, may also be recorded in an IC (Integrated Circuit) chip embedded in the card using an electromagnetic method. This chip enhances the card's security against forgery and alteration and allows for electronic verification of its contents. The information stored in the IC chip can be read by authorized devices.

Validity Period of the Residence Card

The validity period of the Residence Card itself is distinct from the "period of stay" granted under a status of residence. Article 19-5 outlines these periods:

• For Permanent Residents:
  • If 16 years of age or older on the date of issuance: Valid until 7 years from the date of issuance.
  • If under 16 years of age on the date of issuance: Valid until their 16th birthday.
• For Medium to Long-Term Residents other than Permanent Residents:
  • If 16 years of age or older on the date of issuance: Valid until the expiration date of their period of stay.
  • If under 16 years of age on the date of issuance: Valid until either the expiration date of their period of stay or their 16th birthday, whichever comes first. (This implies that a minor needs to renew their card upon turning 16, even if their period of stay extends beyond that).
• For Highly Skilled Professional (ii) status (a subcategory of Highly Skilled Professional): Valid for 7 years from the date of issuance, similar to permanent residents aged 16 or over (this was a later amendment, reflecting the stability of this particular status).

This system requires cardholders, particularly permanent residents and minors approaching their 16th birthday, to apply for the renewal of their Residence Card before its expiry, even if their underlying permission to stay in Japan (e.g., permanent residence status itself, or a long period of stay for non-permanents) has not changed.

Residence Card and Other Systems

Basic Resident Register System

As mentioned, medium to long-term residents are included in Japan's Basic Resident Register system. This means they are issued a resident record (住民票 - jūminhyō) by their local municipal office. The Residence Card plays a key role in this process, as it is used for initial resident registration and for notifications of changes of address to the municipality. This integration streamlines administrative procedures for foreign residents and allows municipalities to provide services more effectively.

My Number System

Medium to long-term residents registered in the Basic Resident Register are also assigned an Individual Number ("My Number") under Japan's Social Security and Tax Number System. While the Residence Card and the My Number Card are separate documents with different primary purposes, the underlying registration as a resident facilitates the issuance of a My Number.

Implications of the System

The "medium to long-term resident" classification and the Residence Card system have several implications:

• For Foreign Nationals:
  • Clarity of Status: The Residence Card provides clear proof of their legal status and permissible activities (or restrictions).
  • Administrative Convenience: Integration with the resident register system simplifies access to public services.
  • Obligations: They have a clear obligation to carry the card, report changes in registered information (e.g., address, name changes), and renew the card when necessary.
• For Immigration Authorities:
  • Improved Management: Enables more accurate and up-to-date tracking of foreign residents' status and whereabouts.
  • Enhanced Security: The IC chip and other security features help combat card forgery and illegal stays.
• For Employers and Other Entities:
  • Verification of Status: Provides a standardized way to verify a foreign national's residency status and work eligibility. Employers have a responsibility to check these details to prevent unlawful employment.

Conclusion

The introduction of the "medium to long-term resident" category and the Residence Card system marked a significant modernization of Japan's approach to managing its foreign resident population. By providing a clear definition of who is subject to this more intensive management framework and by issuing a secure and informative identification document, the system aims to enhance administrative efficiency, improve the accuracy of residency data, and provide greater convenience and legal clarity for foreign nationals residing in Japan for extended periods. For both the residents themselves and those interacting with them (such as employers and administrative bodies), a thorough understanding of this system is essential for ensuring compliance and navigating life in Japan.