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How to Address Interrupted Residency Requirements for Permanent Residency in Japan

What Happens When Residency Requirements for Permanent Residency Are Interrupted?

For foreign nationals pursuing permanent residency in Japan, continuous residency is a crucial criterion. However, under certain circumstances, residency can be considered “interrupted,” requiring the applicant to restart their residency duration to meet eligibility. Let’s explore when these interruptions might occur and the available solutions, based on the Ministry of Justice’s permanent residency guidelines.

Excerpt from Japan’s Permanent Residency Guidelines

To qualify for permanent residency, the Ministry of Justice outlines key requirements:

• Continuous Residency: Applicants must have resided in Japan for at least 10 consecutive years.
• Employment or Residential Status: For at least five of those 10 years, applicants must have held a working or residential visa, excluding certain statuses like “Technical Intern” or “Specified Skilled Worker (1).”

The Importance of Residency and the Risk of Interruption

Japan’s permanent residency guidelines mandate a minimum of 10 years of continuous residency, with at least five years under a specific working or residential visa. Even if a foreign national has lived in Japan for 10 years, failure to meet the five-year working or residential visa requirement could result in denial.

Potential Issues When Visa Renewals Are Denied

A significant risk arises when a visa renewal is denied, resulting in a change to “Designated Activities (Departure Preparation)” status. For example, if someone working under a visa like “Engineer/Specialist in Humanities/International Services” is found to have duties not aligned with their visa status, they may face a renewal denial. Similarly, certain visa changes—such as shifting from a student or work visa to a business management visa—may be rejected, further impacting the individual’s eligibility.

When this happens, the applicant’s previous working or residential status is effectively “reset,” disrupting the five-year continuity requirement necessary for permanent residency. While the 10-year continuous residency requirement may still be met, the five-year qualifying period under a specific visa is interrupted, and the applicant must accumulate an additional five years in a qualifying visa before reapplying.

Addressing Residency Interruptions: Practical Solutions

If an applicant’s qualifying period has been reset, several options are available:

1. Re-establishing the Five-Year Period with a Qualifying Visa Securing a new work or residential visa and residing in Japan for an additional five years will restore the applicant’s eligibility for permanent residency. This path requires consistent visa renewals and the assurance of long-term stay.
2. Utilizing the Highly Skilled Professional Points System Scoring 70 or 80 points under Japan’s Highly Skilled Professional (HSP) points system can significantly ease residency requirements. Those who meet these point thresholds may apply for permanent residency in a shorter timeframe.
3. Residency Requirement Reduction through Marriage Marrying a Japanese citizen or permanent resident for over three years also provides an alternative pathway, as the continuous residency requirement is relaxed in these cases.

Key Considerations for Visa Renewals

For individuals aiming for permanent residency, ensuring that their visa is renewable and can extend to three years or longer is crucial. Frequent one-year renewals increase the risk of future complications. Applicants should ensure their job duties align precisely with their visa category, thus promoting consistent, long-term visa renewals.

Navigating Permanent Residency with Effective Planning

Interruptions in residency requirements can delay permanent residency applications, yet various solutions exist to navigate these challenges effectively. By exploring alternative eligibility pathways, confirming eligibility conditions, and planning strategically, applicants can better prepare for a successful application and secure their permanent residency in Japan.

Professional

Masakazu Murai
18 years’ experience in Investment Banking at Mitsubishi UFJ Morgan Stanley (JV, MUFG Bank and Morgan Stanley). He had provided financial advisory more than 500 entrepreneurs and senior management.

During his tenure, he worked as an employee union executive committee member in promoting diversity, including the active participation of foreigners and women in the office, and engaged in activities to improve the working environment. He specializes in financial consulting and VISA/PR consulting.

Gyoseishoshi Immigration Lawyer
CMA(Japanese financial analyst license)
CFP (Certified Financial Planner)
Master of Business Administration in Entrepreneurship

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