Among the statuses of residence that foreign nationals in Japan aim for, permanent residence is one that many seek to obtain. This article explains permanent residence, including how Specified Skilled Workers can aim to obtain it.

What Is a Foreign National with Permanent Residence?

A foreign national with permanent residence refers to a foreign national who holds the “Permanent Resident” status of residence.

The main advantages of holding this status of residence are (1) that renewal of the period of stay is unlimited and the procedures are simple, and (2) that restrictions on the scope of work that may be performed are removed.

First, we will explain each of these two points.

(1) Renewal of the period of stay is unlimited and procedures are simple

Ordinarily, when renewing a status of residence, you must gather tax payment certificates and other documents, apply to the Immigration Services Agency of Japan, and—if the process takes time—wait through a review of several months or more before finally receiving a new residence card. For renewal of a Permanent Resident’s residence card period, however, you need only prepare the application form, and in principle the residence card is issued on the same day the renewal procedure is completed.

In addition, because the validity period is seven years, renewal procedures themselves do not need to be carried out frequently.

(2) Restrictions on the scope of work that may be performed are removed

Among the statuses of residence issued to foreign nationals, only four have no restrictions on the scope of work: “Permanent Resident,” “Spouse or Child of Japanese National,” “Spouse or Child of Permanent Resident,” and “Long-Term Resident.”

Foreign nationals who hold these statuses of residence may work in any workplace in Japan, so accepting companies need not worry about employing someone who is working illegally. In addition, although Japan currently does not permit the employment of foreign nationals in unskilled labor workplaces, foreign nationals who hold these four statuses of residence may work in such workplaces as well.

Requirements for Obtaining Permanent Resident Status of Residence

As already explained, foreign nationals who obtain Permanent Resident status of residence can enjoy various advantages in Japan compared with other foreign nationals. For that reason, the requirements to apply for this status of residence are set at a high level of difficulty. We will explain the three main requirements.

To become eligible to apply for this status of residence, applicants must satisfy three requirements: (1) the good conduct requirement, (2) the national interest requirement, and (3) the independent livelihood requirement.

(1) The good conduct requirement

This means living in Japan in compliance with the law and leading a life that is not socially condemned as a resident.

In principle, persons who have been sentenced to imprisonment with or without work, a fine, or an equivalent penalty (excluding fines for violations of the Road Traffic Act and similar) for violating the laws of Japan or of another country are highly likely to be denied because they fail the good conduct requirement.

In addition, during the review process, information within Japan is checked with district public prosecutors offices, juvenile training schools, probation offices, and similar bodies regarding past criminal records, so false applications are not possible.

(2) The national interest requirement

The following items (1) through (5) must be satisfied.

(1) In principle, the applicant must have resided continuously in Japan for at least 10 years. However, during that period, the applicant must have resided continuously for at least five years with a work status or a residential status.

On a common path to Permanent Resident status—Student → Engineer/Specialist in Humanities/International Services → Permanent Resident—the period of stay as a student is counted toward the 10-year period, but because Student status of residence qualifies as neither a work status nor a residential status, the five-year requirement cannot be met by that period alone.

(2) The applicant must not have been subject to a fine, imprisonment, or similar penalty.

As with the good conduct requirement, the absence of a criminal record and similar conditions are necessary.

(3) The applicant must properly fulfill public duties (payment of taxes, payment of public pension and public medical insurance premiums, and notification obligations under the Immigration Control and Refugee Recognition Act, among others).

Whether the applicant has complied with tax obligations while residing in Japan and has always resided in Japan through proper procedures is required.

(4) With respect to the status of residence currently held, the applicant must be residing with the longest period of stay prescribed in Appended Table 2 of the Ordinance for Enforcement of the Immigration Control and Refugee Recognition Act.

Each status of residence has fixed periods of stay that may be granted—such as five years, three years, or one year—and one of those prescribed periods is granted. Unless the applicant has obtained the longest of those periods of stay, an application for Permanent Resident status of residence cannot be made.

(5) There must be no risk of harm from the standpoint of public health.

“From the standpoint of public health” means confirmation that there is no possibility of being regarded as harmful due to infectious disease or other factors. There have been cases in which whether the residence where the applicant was living at the time of application was a so-called garbage house was also taken into account.

Requirements for Specified Skilled Workers to Obtain Permanent Resident Status

Many Specified Skilled Workers likely aim ultimately for Permanent Resident status of residence as well. However, because there is criticism that if the requirements for obtaining Permanent Resident status could be met too easily it would amount to a de facto immigration system, requirements of high difficulty have been set for Specified Skilled Workers.

For Specified Skilled Workers, in addition to the requirements already explained, the period-of-stay requirement is set strictly: the period of stay under Specified Skilled Worker (i) is not included in the 10 years of “having resided continuously in Japan for at least 10 years,” so in practical terms an application for Permanent Resident status of residence cannot be made on that basis.

In addition, most foreign nationals who currently apply for Specified Skilled Worker (i) status of residence are those who have completed about three or five years as technical intern trainees, but the Technical Intern Training period is also said not to be included in the 10-year period required for Permanent Resident status, so caution is needed.

In light of the above, for foreign nationals who obtained Specified Skilled Worker (i) status of residence after being technical intern trainees, even after completing five years under Specified Skilled Worker (i), they will not have satisfied any of the 10-year Permanent Resident requirement. Therefore, if they can switch to another status of residence and continue working or similar, they would need to complete a new 10-year period in order to obtain Permanent Resident status of residence.

It has been announced that Specified Skilled Worker (ii)—currently recognized only in “construction” and “shipbuilding and ship machinery industry”—will count toward the 10-year period. However, for Specified Skilled Worker (ii), how one may transition from Specified Skilled Worker (i) to (ii) and other requirements have not yet been decided, and it is recognized in only two of the 14 industrial fields under Specified Skilled Worker, so it does not apply to many Specified Skilled Workers.

As a result, many Specified Skilled Workers cannot even aim for Permanent Resident status, and only foreign nationals under Specified Skilled Worker (ii) can pursue it.

Because Specified Skilled Worker (ii) status of residence allows unlimited renewal of the period of stay and accompaniment by family members, it is realistic for Specified Skilled Workers who obtain this status to work for the 10-year period.

Conclusion

This article has explained the requirements for obtaining Permanent Resident status of residence and examined whether Specified Skilled Workers can aim for Permanent Resident status.

Technical Intern Training and Specified Skilled Worker are, in practical terms, indispensable statuses of residence in Japan’s industries facing labor shortages, and more than 300,000 foreign nationals hold these statuses and are employed by Japanese companies.

However, under the Japanese government’s current policy, these two statuses of residence are structured so that it is difficult for holders to become Permanent Residents, which many foreign nationals aim for.

Going forward, as Japan’s declining birthrate and aging population continue, foreign labor will be indispensable. Foreign nationals residing in Japan will need to watch future legal developments and wait for opportunities to apply for Permanent Resident status.