Permanent Residency (永住許可 - eijū kyoka, often referred to as 永住権 - eijūken) in Japan is a highly sought-after status of residence for foreign nationals who wish to make Japan their long-term home. Unlike other statuses of residence that are typically granted for specific activities and limited durations (e.g., 1, 3, or 5 years), Permanent Resident (永住者 - eijūsha) status allows for an indefinite period of stay and, crucially, imposes no restrictions on the types of work or activities the holder can engage in. However, obtaining this privileged status involves meeting stringent criteria, and while it is generally very stable, it is not entirely immune from being revoked or lost under certain circumstances.

Understanding Permanent Resident (Eijūsha) Status in Japan

The legal basis for Permanent Resident status is found in Article 22 of Japan's Immigration Control and Refugee Recognition Act (hereinafter "Immigration Control Act"). The key benefits include:

• Indefinite Period of Stay: No need to apply for extensions of period of stay.
• Freedom of Activities: No limitations on the type of employment or business activities that can be undertaken (with general exceptions for activities against public order or Japanese law).
• Increased Social Trust and Access to Services: Often leads to easier access to financial services like loans and mortgages.
• A Pathway to Greater Stability: It is often seen as the most secure long-term status short of acquiring Japanese nationality.

Eligibility Criteria for Obtaining Permanent Residence

The Minister of Justice may grant permission for permanent residence if they find that the foreign national meets three core legal requirements stipulated in Article 22, Paragraph 2 of the Immigration Control Act:

1. The person's conduct is good (素行が善良であること - sokō ga zenryō de aru koto): This generally means having a clean criminal record, no history of serious immigration violations, and overall law-abiding behavior.
2. The person has sufficient assets or ability 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 - dokuritsu no seikei o itonamu ni tariru shisan mata wa ginō o yū suru koto): The applicant must demonstrate financial stability and the means to support themselves and their dependents without becoming a public burden.
3. The person's permanent residence is deemed to be in the interest of Japan (その者の永住が日本国の利益に合すると認められること - sono mono no eijū ga Nihon-koku no rieki ni gassuru to mitomerareru koto): This is a somewhat encompassing requirement that allows for a broader assessment of the applicant's overall suitability for permanent residency from the perspective of Japanese national interests.

These legal requirements are further elaborated through detailed Guidelines for Permission for Permanent Residence published by the Ministry of Justice (MOJ) and the Immigration Services Agency of Japan. While these guidelines can be updated, they generally outline the following practical application criteria:

• Principle of 10-Year Continuous Residence: As a general rule, an applicant must have resided continuously in Japan for at least 10 years. During this period, they typically must have held a work-related status of residence or other eligible status for at least 5 consecutive years.
• Reduced Durational Requirements for Specific Categories:
  • Spouses and Children of Japanese Nationals, Permanent Residents, or Special Permanent Residents: For spouses, the requirement is often reduced to being married for more than 3 years and residing in Japan for more than 1 year. For biological children, it's typically 1 year of residence.
  • Long-Term Residents (定住者 - Teijūsha): Those holding "Long-Term Resident" status typically need 5 years of continuous residence.
  • Recognized Contributions to Japan: Individuals who have made significant contributions to Japan in diplomatic, social, economic, cultural, or other fields may have the 10-year requirement waived.
  • Highly Skilled Professionals: Foreign nationals who score highly under the Points-Based System for Highly Skilled Foreign Professionals can qualify for permanent residence after a significantly shorter period, often 3 years (for 70 points) or even 1 year (for 80 points).
• Specific Manifestations of the Core Legal Requirements (as per Guidelines):
  • Stable Income and Tax Payments: Demonstrating consistent and stable income sufficient for independent living. Crucially, applicants must prove they have fulfilled their tax obligations (income tax, local inhabitant tax, etc.) without delinquency.
  • Payment of Social Insurance Premiums: Proper enrollment in and payment of public health insurance and pension premiums are now strictly scrutinized.
  • Clean Criminal Record: No criminal convictions (fines or imprisonment) in Japan or abroad. Minor traffic violations may be overlooked, but repeated or serious offenses are disqualifying.
  • No Significant Immigration Violations: A history of overstaying, illegal work, or other immigration offenses will negatively impact the application.
  • Holding the Longest Permitted Period of Stay: At the time of application, the applicant must hold the longest period of stay currently granted for their existing status of residence (typically 3 or 5 years). This indicates a degree of stability already recognized by immigration authorities.
  • Guarantor in Japan (身元保証人 - Mimoto Hoshōnin): The applicant usually needs a guarantor who is a Japanese national or a Permanent Resident. The guarantor makes a moral commitment to support the applicant if needed, though their financial liability is generally not legally enforceable for PR purposes in the same way as for some other visas.
  • Not Posing a Harm to Public Health or Public Interest.

The Tokyo High Court decision on July 17, 2007 (Heisei 19 (Gyo-Ko) No. 25), provides an example where a denial of permanent residence was overturned. A Peruvian woman who largely met the criteria was denied, partly based on a misstatement about a sibling's relationship and non-enrollment in social insurance. The court found factual errors in the authorities' assessment and noted an unequal application of standards compared to her sisters who had been granted permanent residence. This case highlights that while the criteria are stringent, the denial must be based on a correct factual basis and rational application of the law.

The Application Process: A Brief Overview

Applications for permanent residence are submitted to the regional immigration services bureau with jurisdiction over the applicant's place of residence. The process involves submitting a detailed application form along with a substantial amount of supporting documentation, which may include:

• Proof of income and employment.
• Tax payment certificates.
• Social insurance payment records.
• A detailed written statement explaining the reasons for seeking permanent residence.
• Documents from the guarantor.
• Family register documents (if applicable, for spouses/children of Japanese nationals).

Processing times for permanent residence applications can be lengthy, often taking several months to a year or more.

Can Permanent Residence Be Revoked?

While Permanent Resident status is indefinite, it is not absolute and can be revoked by the Minister of Justice under Article 22-4 of the Immigration Control Act, similar to other statuses of residence. The primary grounds for revocation of the PR status itself are:

1. Obtaining Permanent Residence by Deceit or Other Wrongful Means (Article 22-4, Paragraph 1, Item (i) or (ii)):
   This is the most direct way PR status can be revoked. If it is discovered that the permanent residence permission was granted based on false statements, submission of forged or falsified documents, or concealment of material facts during the application process, the status can be rescinded. The Tokyo District Court, on July 25, 2013 (Heisei 24 (Gyo-U) No. 662), affirmed that permanent residence obtained using false identity details (name and date of birth) was defective and could be revoked by the Minister of Justice.
2. Failure to Notify New Address or Notifying a False Address (Article 22-4, Paragraph 1, Item (vii) or (viii)):
   These are newer provisions applicable to all mid-to-long-term residents, including Permanent Residents. Failing to report a new address to the authorities via municipal registration procedures within 90 days of moving without a justifiable reason, or reporting a false address, can be grounds for revocation.

What About Revocation for Misconduct After PR is Granted?

A common question is whether PR can be revoked if the holder later commits a crime or ceases to meet the initial "good conduct" or "independent living" criteria. Generally, Permanent Resident status itself is not revoked under Article 22-4 solely for such post-grant misconduct unless that misconduct constitutes grounds for deportation under Article 24. The revocation mechanism in Article 22-4 primarily targets the integrity of how the permission was obtained or fundamental administrative obligations like address notification. The very old Tokyo High Court case from October 5, 1959 (Showa 34 (Ki) No. 214), which touched upon good conduct in relation to PR revocation, reflects an earlier legal understanding; contemporary application focuses more on initial fraud for direct revocation of the PR status.

Losing Permanent Residence Through Deportation

While PR status itself might not be easily "revoked" for post-grant crimes, Permanent Residents are not immune from deportation. If a Permanent Resident commits an act listed as a ground for deportation in Article 24 of the Immigration Control Act (e.g., serious drug offenses, certain violent crimes, espionage, sedition, or other acts deemed severely detrimental to Japan's interests), they can be placed in deportation proceedings just like any other foreign national.

If a Permanent Resident is ultimately deported, their Permanent Resident status is inherently lost as a consequence of their removal from Japan under a deportation order.

PR Status as a Factor in Special Permission to Stay

Article 50, Paragraph 1, Item (i) of the Immigration Control Act explicitly lists "being a person who has received permission for permanent residence" as one of the circumstances where the Minister of Justice may grant Special Permission to Stay to an individual found deportable. This means that holding PR status is a significant positive factor that the Minister must consider when deciding whether to allow a deportable Permanent Resident to remain in Japan.

However, possessing PR status is not a guarantee against deportation if the negative factors (such as the severity of a crime) are overwhelming. Several court cases illustrate this:

• The Tokyo District Court on June 3, 2016 (Heisei 27 (Gyo-U) No. 422), noted that PR is granted when it's deemed in Japan's interest. If a PR holder subsequently commits serious crimes, this condition may no longer be met, and the PR status, while a positive factor for Special Permission to Stay, might not be sufficient to prevent deportation if the Minister, in their discretion, decides against granting it.
• The Tokyo District Court on December 2, 2011 (Heisei 23 (Gyo-U) No. 565), indicated that if a PR holder commits an offense shortly after obtaining PR status, the weight given to the PR status in Special Permission considerations might be diminished.
• Similarly, the Tokyo District Court on November 5, 2010 (Heisei 21 (Gyo-U) No. 625), involved a permanent resident with a long history in Japan and family ties who was nevertheless denied Special Permission to Stay due to repeated serious criminal offenses (theft), demonstrating that even established PRs can be deported for serious misconduct.

Maintaining Permanent Residence

Once granted, maintaining Permanent Resident status primarily involves:

• Continued Law-Abiding Behavior: Avoiding any criminal activity that could lead to deportation.
• Fulfilling Resident Obligations: This includes paying taxes, contributing to social insurance (if applicable), and complying with administrative requirements like resident registration and notifying changes of address through municipal offices.
• Re-entry Permits: While PR status is indefinite, if a Permanent Resident intends to leave Japan for more than one year, they must obtain a Re-entry Permit (or Special Re-entry Permit for shorter absences) to maintain their PR status upon return. Failure to do so can result in the loss of PR status.

Conclusion

Securing Permanent Residence in Japan is a significant achievement, offering unparalleled stability and freedom for foreign nationals wishing to make Japan their permanent home. The eligibility criteria are demanding, focusing on long-term, stable, and lawful residence, good conduct, financial independence, and overall benefit to Japan. While this status is robust, it is not absolute. It can be revoked if obtained through fraudulent means or due to certain critical administrative failures. More commonly, even Permanent Residents can lose their right to live in Japan if they commit serious offenses that lead to deportation, although their PR status itself serves as an important positive consideration for the Minister of Justice when deciding on Special Permission to Stay. Continuous adherence to Japanese laws and fulfillment of civic duties are essential for preserving this highly valued status.