Requirements for Cancellation of Permanent Residence Permit

Appropriateness of the Permanent Residence Permit System

The proposed amendment to the Immigration Control and Refugee Recognition Act would establish a new provision that allows permanent residence permits to be revoked in cases of willful failure to pay taxes and social insurance premiums, as well as in cases of certain crimes such as breaking and entering and injury.

In this section, we will look at the newly established provisions.

What is the purpose of the proper permanent residence permit system?

Permanent resident status is a status of residence granted to those who meet certain requirements*.
Its features include no restrictions on activity or period of stay
(*) Good conduct, independent livelihood, and conformity with the interests of Japan (residence for 10 years or more, performance of official duties, etc.)

The requirements that were satisfied at the time of the permanent residence permit are not satisfied after the permit is granted because there is no residence examination (such as extension of the period of stay) after the permanent residence permit is granted.
There are some cases of malfeasance that can lead to the loss of

If you continue to grant permanent residence permits to a few bad permanent residents who cannot be evaluated as being in good standing, the majority of permanent residents who are in good standing will not be able to obtain a permanent residence permit.
In addition, the decision was made to establish measures to deal with such cases, since there is a risk of unfair prejudice against the

Overview of the Appropriateness of the Permanent Residence Permit System

Requirements for Revocation of Permanent Residence Permit

Under the current Immigration Control and Refugee Recognition Act, the status of "permanent resident" may be revoked if the new residence is not reported, if a false residence is reported, or if the permanent resident permit is granted by fraudulent means or otherwise.

Even permanent residents may be deported if they have been sentenced to a prison term exceeding one year or convicted of a drug offense.

Under the revised law, the permanent residence permit will now be revoked or changed to another status if the alien has willfully and repeatedly failed to pay or failed to pay taxes or social insurance premiums, or has been imprisoned or imprisoned for one year or less for crimes such as theft.

Q&A on Appropriateness of the Permanent Residence Permit System

Let's take a look at the Q&A on the Appropriateness of the Permanent Residence Permit System published on the Immigration and Residence Management Agency's website.

What kind of status of residence is a "permanent resident"? How does it differ from naturalization?

Permanent resident" is a status of residence under the Immigration Control and Refugee Recognition Act.
Foreigners residing with other statuses have restrictions on the activities they can engage in and the period of stay, but permanent residents have no such restrictions.
Therefore, unlike foreigners residing with other statuses, permanent residents are not subject to residence examination procedures such as extension of period of stay, but are subject to residency management based on the Immigration Control and Refugee Recognition Act, such as revocation of status of residence and deportation.
Special Permanent Residents are status based on the Special Law Concerning the Immigration Control of Persons Who Have Renounced Japanese Nationality Pursuant to the Treaty of Peace with Japan, and are not subject to this amendment.

Naturalization is the acquisition of Japanese nationality by a foreign national with the permission of the Minister of Justice.
Upon naturalization, they are no longer subject to residency management under the Immigration Control and Refugee Recognition Act.

What requirements are necessary to receive a permanent residence permit?

In order to obtain a permanent residence permit, in principle, under the current Immigration Control Act,
(1) Good conduct
(2)Have sufficient assets or skills to earn an independent living.
(3) The permanent residence of the person is in the interest of Japan.
The requirements must be met.

Shouldn't they be recognized as permanent residents even if they no longer meet the requirements for permanent resident status?

Under the current Immigration Control and Refugee Recognition Act, in order to obtain a permanent residence permit, a person must be in a position where his/her permanent residence is in the best interest of Japan, and the specific requirements include proper performance of official obligations such as tax payment.

And the reason why there are no restrictions on activities or period of stay for "permanent resident" status is that it is assumed that those who have been granted permanent resident status continue to meet the requirements, such as properly fulfilling official obligations, after the permission is granted.

Given the purpose of the permanent resident permit system, we believe that it is not appropriate to continue to grant "permanent resident" status with no restrictions on activities or period of stay to those who, after receiving a permanent resident permit, intentionally fail to properly fulfill their official obligations or otherwise fail to meet the requirements.

If taxes and social insurance premiums are unpaid or in arrears, isn't it sufficient to demand or seize them as is done with Japanese nationals?

Permanent residents are granted permanent residence permits as those who are expected to comply with the minimum necessary rules for living in Japan, and this measure is intended to provide appropriate residency management for those who do not properly fulfill their official obligations and whose residency status cannot be evaluated as good, and is not considered an excessive measure. We do not believe that this is an excessive measure.

Will new requirements be added to the permanent residence permit, making the requirements for the permit more stringent?

This amendment does not add any new permanent residence permit requirements, nor does it tighten the requirements for the permit.

Is the status of residence revoked even if the applicant is unable to make payments due to illness or unemployment?

Cancellation is contemplated in the case where the applicant knows that there are taxes and public dues (taxes, social insurance premiums, etc.) to be paid and does not pay the taxes and public dues despite having the ability to pay them.

On the other hand, we do not anticipate revocation of status of residence in cases where the individual is not at fault, such as illness or unemployment, and is unavoidably unable to pay taxes and public dues.
Even if a case falls under the grounds for revocation, whether or not to revoke the application will be determined based on individual circumstances, such as the circumstances that led to the nonpayment and how the permanent resident responded to the demand, etc.

Will my status of residence always be revoked if I fall under the newly established grounds for revocation?

Under the revised law, the Minister of Justice may, ex officio, permit a change of status of residence to a status other than permanent resident, except in cases where the Minister deems it inappropriate for the alien to continue to reside in Japan*, rather than immediately revoke the status of residence and have the alien depart Japan, even if grounds for revocation are met.
(*) "Cases in which it is deemed inappropriate for the alien concerned to continue to reside in Japan" assumes, for example, cases in which it is clear that the alien has no intention of paying taxes and public dues in the future or in which criminal tendencies have progressed.

When changing the status of residence, the most appropriate status of residence for continued stay in Japan will be determined based on the status of residence and activities of the individual foreigner at the time.

Can I apply for a permanent residence permit again after my status has been changed?

Since this amendment does not change the application procedure for a permanent residence permit, even if the status of residence is changed to "permanent resident" or other status, it is possible to obtain a permanent residence permit again if it is confirmed that official obligations have been properly fulfilled afterwards.

What happens to the status of residence of the spouse and children if the "Permanent Resident" status is revoked or changed to other than "Permanent Resident"?

Only those who fall under the grounds for revocation of status of residence are subject to revocation or change of status of residence, not those who are family members of the subject person.
Therefore, if the status of residence of a child of a permanent resident is "Permanent Resident" or "Spouse or Child of Permanent Resident, etc.", the status of residence is not affected.
Also, if the spouse's status of residence is "permanent resident," that status will not be affected, but if the spouse is the "spouse of a permanent resident, etc.," the status will be changed to "permanent resident" or other status of residence.

In addition to thisImmigration and Nationality Agency websiteQ&A is available on the following website, so please check it if you are interested.