Permanent residency in Japan is a coveted status among foreign residents, providing stability and certain privileges. However, recent amendments to the Immigration Law, ratified by the Cabinet on March 15, 2024, introduced provisions for the cancellation of permanent residency in specific circumstances.

 

 

Permanent Residency in Japan

 

The number of permanent residents in Japan has been on the rise since the early 2000s, comprising approximately 27% of the total foreign resident population as of June 2023. To qualify for permanent residency, individuals generally must have resided in Japan for at least 10 years, have a clean criminal record, and fulfill public obligations such as tax and pension payments.

How to obtain Permanent Residency in Japan

 

 

Proposed Changes in Cancellation Provisions

 

The Immigration Services Agency has expressed concerns about cases where permanent residents intentionally evade tax obligations. To address this issue, they plan to revise the residency system to allow for the cancellation of residency status in cases of deliberate tax evasion or repeated failure to fulfill tax obligations. Under the proposed changes, local authorities will report serious cases to the Immigration Services Agency, enabling them to revoke permanent residency.

Under the current system, individuals who receive sentences of over one year of imprisonment or detention (to be unified as “detention sentences” starting June next year) are subject to deportation. However, there is consideration being given to the possibility of also allowing for cancellation in cases where sentences of one year or less of imprisonment or detention are received.

 

 

Current Grounds for Loss of Permanent Resident Status

 

Even before these amendments, several circumstances could lead to the loss of permanent resident status:

1. Departing Japan without obtaining re-entry permission or special re-entry permission.
2. Departing Japan with re-entry permission but failing to return before the expiration of the re-entry period.
3. Departing Japan with special re-entry permission and not returning within one year.
4. Having their resident status revoked due to reasons such as fraudulent acquisition of landing or permanent residence permission, failure to report a change of residence within 90 days, or submitting false residence information.
5. Being subject to deportation.

 

 

Divorce from a Japanese Spouse

 

Concerns arise regarding the status of permanent residency if one divorces a Japanese spouse. However, divorce itself does not lead to the cancellation of permanent residency. Similarly, the death of a Japanese spouse does not affect permanent residency status.

 

Related blog post   Divorce and Visa procedures in Japan

 

 

Conclusion

 

Sure, here’s a clearer version:

This amendment comes against the backdrop of Japan’s decli financial situation and a rising population of foreign residents. The aim is to keep a close watch on permanent residents to ensure they meet the same obligations as Japanese citizens. While there are worries about potential expulsion after living in Japan for an extended period, as long as residents continue paying their pension and taxes, there’s no need for concern about losing their permanent residency status. Additionally, alternative residency statuses may be considered for those facing tax or social security arrears.

We will provide updates as further details are announced.

 

 

Profile

Ami Ito　　Immigration lawyer in Tokyo, Japan

– Spent high school years in the U.K. and graduated from a local school.
– Studied mainly intercultural communication at Sophia University’s Faculty of Foreign Languages, English Department.
– Worked in the overseas department of SEIKO for 11 years after graduation.
– Over 10 years of experience teaching English to high school students, with a TOEIC score of 970 and a Class A level in the United Nations Associations Test of English.
– Serves as a board member in charge of international affairs at the Chiba Administrative Scrivener Association.
– Officially registered on the Financial Services Agency’s “List of Professionals (Administrative Scriveners) in Chiba Prefecture capable of providing services in foreign languages.”