Work visa → Permanent Residency approval

Current holders of a Work Visa:

Must have lived in Japan for at least 10 years (must have worked for at least 5 years)

How many years are required when changing from a Work Visa to Permanent Residency?

To obtain "Permanent Resident" status, which is the right to reside indefinity in Japan, the applicant must have been continuously living in Japan for at least 10 years. Of those 10 years, at least 5 years must have been spent in Japan with a visa allowing full-time work.

For example, if a student from a foreign country enters Japan on a student visa, they must, after graduating from a university, vocational school, or language school, find a job and work in Japan for a minimum of 5 years before becoming eligible for Permanent Residency.

To reiterate, you must have lived in Japan for 10 years and worked with a work visa for at least 5 of those 10 years before becoming eligible for permanent residency. Working as a part-time worker does not count, only the years that you have worked full-time. Even if you have changed jobs, that is fine because you can combine your work experience at your previous and current companies. However, if you have changed jobs in the last year, your application is at a higher risk of rejection due to a lack of job stability.

Engineer/Specialist in Humanities/International Services 【Technical Skills】 → Permanent Residency

There are many visas that allow you to work in Japan. They include but are not limited to: "Professor," "Artist," "Business/Administration," "Legal/Accounting Services," "Instructor," "Nursing care," and many more.

Of these, "Engineer/Specialist in Humanities/International Services" is the most common residence status among foreigners working in Japan.

In this article, I would like to explain the requirements to gain permanent residency status when switching from engineer/specialist in humanities/international services.

Requirement 1: Good Conduct

I`ve broken the explanation up into two parts, a and b below.

a: Never been sentenced to penal labor, imprisonment, or a fine for violating the laws and regulations of Japan.

This is precisely what the title says. The bottom line is that the applicant must not have a criminal record. On the other hand, if a person has committed a crime, they may be granted permission after a specific period of time has elapsed. The particular period is 10 years after release from prison (or 5 years after the expiration of a suspended sentence). Also, 5 years after payment of a fine, detention, or penalty, it is not considered to have violated Japanese law and will not be considered a crime when reviewing your record.

b: Persons who have not repeatedly committed illegal acts or acts that disturb public morals in their daily or social lives.

These minor violations are not punishable by penal labor, imprisonment, fines, detention, or penalties and are committed repeatedly. In general, driving violations are the most common. For example, violations of parking prohibition, temporary suspension, and cell phone use are common violations. Recently, bicyclists are often caught in similar cases.

Generally speaking, a person is considered to have committed an offense if they have done so five or more times in the past five years. However, since drunk driving and driving without a license are intentional and not minor violations, a person is considered to have repeatedly committed illegal or offensive acts even after just one violation, not five times, in the past five years. You can check your violation record by obtaining a driving record certificate. This can be requested from the nearest police box, after you fill in the necessary information, and pay 760 yen at the post office, you can receive your records.

Another thing to note is the status of your family members and more specifically dependents. In principle, a dependent resident cannot work but can work up to 28 hours per week if they obtain permission to engage in activities other than those permitted under the residence status. However, if they work over the 28-hour weekly limit, they are considered to be those who repeatedly engage in illegal activities or act disturbing public morals. In addition, a person with engineer/specialist in humanities/ international services as their primary visa will also be regarded as a person who repeatedly engages in illegal or immoral activities because of a "failure to supervise dependents.”

In this case, three years must elapse after the proper working hours (within 28 hours per week). In other words, a three-year track record of earning a serious living is required. Please note that if a person staying in Japan with a family residence status is overworking, they should immediately stop working or make an effort to ensure that the hours are appropriate.

Requirement 2: Have sufficient assets or skills to earn an independent living.

The independent livelihood requirement states that the applicant "must not be a burden on the public in their daily life and must have a stable livelihood in the future given their assets and skills, etc.". For example, obtaining permanent residence would be difficult if you received public assistance (welfare) because you need to prove that you can live independently with your own income.

As for "stable livelihood in the future," it is crucial to have an annual income of at least 3 million yen for the past three years. Another point of note is supposing the applicant is a homemaker and not working. In that case, it may be possible to apply for permanent residence even if the applicant is unemployed, as long as the applicant’s spouse meets the independent livelihood requirement. This is because the independent livelihood requirement is not necessarily something that the applicant themselves is required to have.

The points to pay attention to are (a) and (b) below.

a: Career change

Changing jobs itself can be a good thing. For example, if a person's salary doubles due to changing jobs, it is considered a career change and isn’t a problem. However, if the salary and position before and after the job change are at the same level, or even lower, it is not yet considered a secure lifestyle. We recommend applying for permanent residence with your new company after being employed there for at least a full year.

b: Number of dependents

The amount of your annual income and the number of your dependents are essential. In other words, how many dependents do you have, and how are they supported? Even if your income is high, you will have less money overall if you have many dependents. If you have many dependents, your income tax and inhabitant tax will be lower, meaning that you are not contributing to Japan in terms of taxes.

If the number of dependents increases by one, the annual income must be considered plus an extra 700,000 yen.

If you wish to apply for permanent residence on your own, a yearly income of 3,000,000 yen is acceptable. If you are supporting your wife, for example, having an annual income of at least 3,700,000 yen is desirable. In addition, if you have one child to support, it would be desirable to have a yearly income of at least 1.4 million yen for the wife plus the child, which would total 4.4 million yen.

In my experience, when I show my clients withholding tax certificates and tax payment certificates, I sometimes see people exempt from resident tax by including their parents, grandparents, and even brothers and sisters living abroad (outside Japan) as dependents. In certain communities, there is often talk about how to reduce taxes, and we have seen many people increasing the number of dependents as a way to do so. It would be fine if the person who should be supported was supported but, the parents may be working just fine in their home country or the applicant is not actually sending money overseas to help their family. In 2016, the system was changed so that it is no longer possible to deduct taxes for dependents without submitting "documentation of kinship" and "remittance records, etc." in response to the problem of foreign residents not properly filing tax returns.

In regards to the number of dependents listed before the law changer in 2016, if it was discovered that the number of dependents was fraudulently inflated or whether the support was proper, the applicant would be asked to provide proof of relationship, remittance records, etc.

 If you have been providing support that is not appropriate, you will be required to go back and remove the dependent before applying for a permanent residency. Please be careful about the number of dependents from earlier years.

Requirement 3: Permanent residence is deemed in Japan’s best interest.

This is called the national interest compatibility requirement, which means that the foreign national applying for permanent residence must meet the interests of Japan. Specifically, the following:

a: As a general rule, the applicant must have continuously resided in Japan for at least 10 years, of which at least 5 years must have been spent in Japan with employment status.

This is called the requirement for continuous residence in Japan, which requires that you have lived in Japan for at least 10 years and have worked for at least 5 years with a work-related status, in this case, the status of residence engineer/specialist in humanities/international services.

It's not a problem even if you have changed jobs, but if you are working part-time, it does not count as work experience.

“Continued" means that you continue to reside in Japan without interruption in your residence status which means you must be careful if you leave Japan mid-to-long term. If you leave Japan for more than 100 days in a year or more than three months at a time, there is a high possibility that you will not be considered "continuing" and will not have a basis for living in Japan. If you have to leave Japan for a year or multiple times for any reason (such as childbirth, business trip, etc.) you need to explain the reasons for your departure reasonably and persuasively. In addition, you should also explain your asset situation in Japan (whether or not you have real estate in Japan) and your family situation (spouse, children attending school in Japan, etc.). Suppose there is concrete evidence that there is a high probability that the applicant will continue to live in Japan. In that case, the application may be approved, although it will be a comprehensive judgment based on all aspects.

The most recent five years of residence in Japan with a work status means that you have continued to engage in activities that meet the requirements of your status of residence. For example, if you worked for a company for three years, were unemployed for one year due to a job change, etc., and then found a job at a new company and worked there for two years, you would not be able to meet the requirement because you have not continued to engage in activities that meet your status of residence due to the one year of unemployment. In such a case, the requirement will be fulfilled after 5 years of consecutive employment with the new company.

b: Fulfillment of public obligations such as tax obligations.

This is whether or not you are paying your taxes correctly. Taxes include resident tax, national health insurance tax, and national pension. Most company employees are covered by social insurance and have various taxes deducted from their salaries. However, some people still need to subtract these taxes from their wages and pay them themselves (In cases of freelance, etc.). In particular, the national health insurance tax and national pension will be denied if payment is not made on time. This is because there is a possibility that you will stop paying them after your permanent residence is granted. This is considered as not being in the national interest. The best way to prove that you are paying on time is to keep your receipts. If you are using the automatic withdrawal system from your bank account, it is essential that you remember to keep a bank book. For example, if you have been booked together in an online system, you can prove this by obtaining a statement from the bank. In addition, most people with the status of residence of engineer/specialist in humanities/international services" are company employees, but there may be freelance workers as well. Freelancers file their tax returns, but it is also vital to ensure that they are filed correctly and that tax payments are made on time.

c: What if I didn't pay on time?

If you have not paid on time, you should accumulate a record of on-time payments for the last year before applying for permanent residence. Then, you can submit a statement explaining why you have not been paying on time, your remorse, and how you have taken countermeasures (e.g., using an automatic deduction system, joining social insurance at your company, etc.).

Some pay national health insurance but not national pension or they aren’t enrolled in the national pension in the first place. In such cases, please go to the nearest pension office and enroll in the national pension immediately. Then, accumulate one year's worth of on-time payments. In principle, you can make retroactive payments for the past two years, but since the payments were made after the due date, you will not be considered to have paid on time. Therefore, if you have a record of one year of on-time payments and submit a statement of reasons for not subscribing remorse, and actual results, your application is likely to be approved.

d: The applicant must reside in Japan for the longest period of stay possible for the status of residence they currently hold.

This means that although "5 years" is the maximum period of stay under the law if you apply to renew your visa and get a “3-year” or “1-year” visa after you have held the most prolonged possible visa for your category then you cannot apply for Permanent Residency. For example, if you are currently holding a 5-year visa and renew your visa and receive a 3-year visa then you cannot apply for permanent residency until you receive a 5-year visa again.

e: Not likely to be harmful from the standpoint of public health

This means explicitly chronic addicts of narcotics, marijuana, stimulants, etc.

Infectious disease patients include class I contagious diseases such as Ebola, Crimean-Congo hemorrhagic fever, pox, plague, polio, tuberculosis, diphtheria, severe acute respiratory syndrome (SARS), etc. Patients with designated infectious diseases and new infectious diseases are treated as potentially harmful from the public health standpoint. As proof of not being a hazard, you may wish to attach a medical certificate.

f: It is recognized that there is no risk of committing an act that is significantly detrimental to the public interest.

This is the same as the good conduct requirement and is also examined as conformity with the national interest requirement. I stated this above but, it’s very important so I would like to reiterate it here.

Specifically, I and II below.

I: Never been sentenced to penal labor, imprisonment, or a fine for violating the laws and regulations of Japan.

This is precisely what the title says. The bottom line is that the applicant must not have a criminal record. On the other hand, if a person has committed a crime, they may be granted permission after a specific period of time has elapsed. The particular period is 10 years after release from prison (or 5 years after the expiration of a suspended sentence). Also, 5 years after payment of a fine, detention, or penalty, it is not considered to have violated Japanese law and will not be considered a crime when reviewing your record.

II: Persons who have not repeatedly committed illegal acts or acts that disturb public morals in their daily or social lives.

These minor violations are not punishable by penal labor, imprisonment, fines, detention, or penalties and are committed repeatedly. In general, driving violations are the most common. For example, violations of parking prohibition, temporary suspension, and cell phone use are common violations. Recently, bicyclists are often caught in similar cases.

Generally speaking, a person is considered to have committed an offense if they have done so five or more times in the past five years. However, since drunk driving and driving without a license are intentional and not minor violations, a person is considered to have repeatedly committed illegal or offensive acts even after just one violation, not five times, in the past five years. You can check your violation record by obtaining a driving record certificate. This can be requested from the nearest police box, after you fill in the necessary information, and pay 760 yen at the post office, you can receive your records.

Another thing to note is the status of your family members and more specifically dependents. In principle, a dependent resident cannot work but can work up to 28 hours per week if they obtain permission to engage in activities other than those permitted under the residence status. However, if they work over the 28-hour weekly limit, they are considered to be those who repeatedly engage in illegal activities or act disturbing public morals. In addition, a person with engineer/specialist in humanities/ international services as their primary visa will also be regarded as a person who repeatedly engages in illegal or immoral activities because of a "failure to supervise dependents.”

In this case, three years must elapse after the proper working hours (within 28 hours per week). In other words, a three-year track record of earning a serious living is required. Please note that if a person staying in Japan with a family residence status is overworking, they should immediately stop working or make an effort to ensure that the hours are appropriate.

Requirement 4: A guarantor must be present.

When applying for a permanent residence permit, a "guarantor" must be provided. A guarantor is defined as a person or organization that provides a guarantee. The guarantor must be a Japanese national or, a foreign national who is a permanent resident with a stable income and pays taxes. The guarantor's annual income should be at least 3 million yen. The guarantor doesn’t necessarily have to be enrolled in social insurance but must be in good standing with their tax payments. Many foreigners staying in Japan under the status of residence of engineer/specialist in humanities/international services ask the president of their company, their boss, or a teacher from when they were a student to act as their guarantor. If you can`t, find someone to take on the responsibility of a guarantor, the person you’re asking may need to understand the meaning in the first place. In that case, we at Samurai Immigration Law will ensure that you know what the guarantor's responsibilities are.

If you are still looking for a guarantor, some companies offer a guarantor service but, you need to be careful. As a precaution check the fee structure of the company and whether the company's actual business practices are transparent, and whether it has a proven track record. If the company is not straightforward or difficult to understand, it is better to avoid them. You may be introduced to someone who tries to scam you, such as never providing any details about the guarantor or trying to introduce you to a guarantor who doesn’t exist. It’s best if the company has positive reviews and if their main business is administrative scriveners (行政書士) and they specialize in immigration work.

Guarantor Responsibilities

The contents of the guarantor's responsibility are three things: accommodation expenses, expenses to return home, and compliance with laws and regulations, they are different from the contents of a cosigner, which has more responsibilities than a guarantor. Economic responsibility is not expected of the guarantor. A guarantor is morally responsible under the immigration control law and does not assume responsibility legally. Even if a problem arises, the Immigration Bureau will not say, "You must pay for their debt and make them return home!” Even if the foreigner commits a crime, the Immigration Bureau will not say, "Why didn't you make them comply with the law?” Again, it is a moral responsibility, not a legal one. In other words, even if the person applying for permanent residence violates the law, the guarantor will not be penalized or held responsible. However, suppose a problem should occur with the foreigner, and they fail to fulfill their moral responsibility as a guarantor (such as knowingly allowing a criminal into Japan, etc.) In that case, they will not be qualified to be a guarantor for other foreign nationals applying for permanent residence.

List of Required Documents

 Main Documents

＊For those who are company employees

Business Management Visa

Reference materials regarding guarantor (Japanese citizen or permanent resident)

源泉徴収票　(Certificate of Withholding Tax for the most recent one year)

If you have a family member with a "Family Visa" status

(For Koreans)

(For Chinese)

(For other countries)
One of the following documents that can prove your status

Documents that would be advantageous if they were available