Does Taking Maternity Leave or Childcare Leave Affect a Permanent Residence Application?

Marriage and Childbirth After Obtaining a Work Visa

For foreign women working in Japan on a work visa, marriage and childbirth can be a real concern when thinking about Permanent Residence in Japan.

Childbirth in particular involves a period away from work, and you may wonder whether the resulting drop in income will affect the Permanent Residence review. The following sections explain whether you can apply for Permanent Residence even after taking maternity leave or childcare leave.

Income During Maternity Leave and Childcare Leave

While you are on maternity leave or childcare leave, your employer does not pay you a salary.
Maternity leave can be taken from 6 weeks before the expected due date until 8 weeks after childbirth, and childcare leave can be taken from after maternity leave until the child turns 1 year old. As a result, you will go without salary for about 1 year. In exchange, however, you can receive benefit payments.

Benefits Available for Childbirth and Childcare

As shown, while these are less than your pre-childbirth salary, by submitting the relevant certificates at the time of application, you can have these benefits recognized as income. Therefore, please keep the documents related to maternity leave and childcare leave carefully, even after the benefit payments have ended.

In addition, when a foreign national residing in Japan on a work-related visa applies for Permanent Residence, documents proving income for the most recent 5 years must be submitted, so you can properly demonstrate your income before and after maternity leave or childcare leave.

Can You Apply for Permanent Residence During Maternity Leave or Childcare Leave?

A Permanent Residence application takes considerable time and effort, so some people may think that, if their health allows, they would like to apply while on maternity or childcare leave. However, this is not particularly recommended. There may be cases where, for various reasons, you cannot return to work after childbirth. If possible, it is better to apply for Permanent Residence after returning to work. Note that once you return to work, payments such as childcare leave benefits stop as of the date of your return.

Does Returning to Your Home Country for Childbirth or Childcare Affect the Permanent Residence Application?

A Permanent Residence application has a residence requirement. As a general rule, you must have resided continuously in Japan for 10 years or more (the number of years can vary depending on the Status of Residence and similar factors). And these “10 years” cease to be “continuous” if you leave Japan for 3 months or more, even if it is only a temporary return home.

It appears that, as a general rule, returning to your home country for childbirth or childcare does not qualify as a special exception, so if you are thinking of obtaining Permanent Residence in the future, we recommend giving careful thought before deciding on things like returning to your home country to give birth.

For foreign women considering a Permanent Residence application, taking maternity leave or childcare leave often becomes a worry, mainly on the income side.

There may also be cases where you had not previously considered Permanent Residence but now wish to obtain it, while being concerned about your income during a past period of maternity or childcare leave. As described above, there are many points that can be covered, such as proof that benefits and allowances were received, so please feel free to consult our office.