In June 2024, Japan’s Immigration Control and Refugee Recognition Act underwent significant amendments, particularly concerning the status and management of permanent residents. With the details now public, this article outlines the main revisions and explains what they mean for current and prospective holders of permanent residency in Japan.

 

Definition and Differences from Naturalization

 

The status of “Permanent Resident” under Japanese immigration law offers significant advantages. Unlike other visa types, permanent residents do not face restrictions on their activities or visa renewal procedures. This means they are not subject to the same periodic review processes as other visa holders. However, their status can still be subject to cancellation if they violate specific legal requirements.

 

In contrast, naturalization is the process by which a foreign national obtains Japanese citizenship through approval from the Minister of Justice. Once naturalized, individuals are no longer governed by immigration law but by Japanese nationality laws.

 

Related blog post: Cancellation of Permanent Residency in Japan (New rules)

 

 

Requirements for Permanent Residency

 

To qualify for permanent residency under the current immigration law, applicants generally need to meet the following criteria:

1. Good Conduct: The applicant must demonstrate good behavior.
2. Self-Sufficient: The applicant must have sufficient assets or skills to support themselves.
3. Benefit to Japan: The applicant’s permanent residency must be in the interest of Japan.

 

For more details:　How to obtain Permanent Residency in Japan

 

 

Clarification of Permanent Residency Requirements

 

The recent revisions to Japan’s immigration law include a clarification of the requirements for obtaining permanent residency. This clarification does not introduce new requirements or tighten the existing standards. Instead, it specifies the existing conditions more clearly.

Previously, the requirement for permanent residency included the broad criterion that the individual’s permanent stay must be in the interest of Japan. This has now been explicitly detailed in the law. The revised regulations make it clear that fulfilling public obligations, such as complying with legal duties and paying taxes, are part of these requirements. This clarification aligns the legal text with the existing guidelines, which previously outlined that one must appropriately fulfill public duties to qualify for permanent residency.

Therefore, the amendments do not add new requirements or make the conditions more stringent. They simply make explicit what was already implied in the guidelines, ensuring a clearer understanding of the obligations for those seeking permanent residency.

 

 

Grounds for Revocation

Permanent residency can be revoked under certain conditions. While permanent residents are not subject to regular visa renewals, they must comply with specific obligations, such as updating their residence cards and reporting address changes. Failure to meet these obligations, such as providing false information or not updating residence details, can lead to the revocation of their status. Additionally, permanent residents who receive a prison sentence of over one year or are convicted of drug offenses may face deportation.

 

 

Concerns with the Current System

 

One of the driving factors behind these revisions is the concern that some permanent residents might neglect their public duties, such as paying taxes, once they have obtained their status. The revised regulations aim to address these concerns by focusing on those who fail to meet their public obligations.

 

 

Clarification of Non-Compliance

 

The revised law specifies that the term “failure to comply with obligations” does not include minor infractions. For instance, forgetting to carry a residence card or failing to renew it on time will not typically lead to the revocation of permanent residency. The focus is on serious cases of non-compliance, such as deliberately avoiding public duties or committing crimes.

 

 

Impact on Permanent Residents

 

The revisions aim to address issues where permanent residents no longer meet the necessary criteria. The intention is not to penalize those who have minor lapses but to ensure that individuals who no longer fulfill essential requirements are properly managed.

 

 

Process for Revocation and Appeals

 

If a permanent resident’s status is under review, the Ministry of Justice will conduct a thorough investigation, including interviews and evidence gathering. If there is dissatisfaction with the decision, individuals have the right to appeal and seek judicial review.

 

 

Notification and Reporting

 

According to the revised law, officials from national or local governments who suspect that a foreign national might be violating their residency conditions can report it. However, such reporting is not mandatory and will not occur for minor issues like simple administrative errors.

 

 

Special Considerations

 

The revised immigration law incorporates a balanced approach to enforcement, recognizing that individual circumstances can vary widely. For those facing difficulties, such as not having a return destination or experiencing financial hardship, the law ensures that decisions regarding residency are made with careful consideration of the individual’s situation. This includes taking into account their history of compliance and current circumstances.

Rather than immediately revoking permanent residency upon detecting an issue, the revised law allows for a more measured response. If a concern arises, such as non-compliance with public obligations, the Immigration Bureau has the option to change the individual’s residency status to something more suitable, like “Long-Term Resident,” if continued residence in Japan is deemed appropriate. This approach ensures that each case is evaluated on its merits before making a final decision.

Additionally, the law emphasizes that failing to meet public obligations, such as paying taxes or social insurance contributions, does not automatically result in deportation or revocation of residency. The government will consider the reasons behind any failure to fulfill these obligations. For example, if an individual cannot pay taxes due to illness or unemployment, these factors will be taken into account, and efforts to resolve the situation will be considered before any drastic measures are taken.

This balanced approach aims to ensure that the revised regulations are fair and just, recognizing the diverse circumstances that permanent residents may face.

 

 

Impact on Family Members and Appeal Rights

 

 

The changes to the law also address the status of family members of permanent residents. Importantly, the failure of a permanent resident to fulfill their obligations does not automatically affect the status of their family members. Each family member’s situation will be assessed individually, ensuring that those who comply with the law can maintain their residency status.

Additionally, the revised regulations provide a clear process for those who disagree with the cancellation of their permanent residency status. Affected individuals have the right to present evidence and appeal the decision, ensuring that the process remains fair and transparent.

 

 

Conclusion

Japan’s updated immigration regulations for permanent residents reflect a move towards more stringent oversight while still considering the needs and rights of individuals. The goal is to maintain a balance between ensuring compliance with public duties and acknowledging the contributions of permanent residents. For current and prospective permanent residents, understanding these changes is crucial for maintaining their status and navigating the revised system effectively. If you have concerns about how these changes might impact you, seeking professional advice or consulting with an immigration lawyer can provide clarity and guidance.