The Personal Guarantor at the Time of a Permanent Residence Application

When you file a Permanent Residence application, you must always ask someone to serve as your personal guarantor, have them write a letter of personal guarantee, and submit it. The following sections introduce what a personal guarantor is in a Permanent Residence application, what responsibilities they bear, and whom you should ask.

What Is the Personal Guarantee for Permanent Residence?

The format is posted on the website of the Immigration Services Agency of Japan as well, and the letter of personal guarantee lists the following as the matters guaranteed:

And regarding the personal guarantor, it states:

“A personal guarantor refers to a person who promises the Minister of Justice that, so that the foreign national can stably and continuously achieve their intended purpose of entry in Japan, they will, as needed, provide economic guarantee for the foreign national and life guidance such as compliance with laws and regulations.

Regarding the nature of the letter of personal guarantee: there is no legal enforceability against the personal guarantor for the guaranteed matters promised to the Minister of Justice, and even if the guaranteed matters are not fulfilled, the authorities will only provide guidance on fulfilling the promise. However, in that case, since the guarantor would be deemed not to have sufficiently fulfilled their responsibility as a personal guarantor, they would be regarded as lacking the qualification to serve as a personal guarantor in subsequent entry and residence applications, and would thus lose social credibility. In this sense, it can be said to impose what amounts to a moral responsibility.”

This is what is explicitly stated. In other words, even if a foreign national holding Permanent Residence runs into financial difficulty or, in the unlikely event, commits an act in violation of laws and regulations, the personal guarantor does not bear a legal obligation (such as paying off debts in their stead).

When people hear “guarantee” or “guarantor,” many seem to think along the lines of “if (the applicant) incurs a debt, must I pay it in their stead?” or “if they fall into hardship, must I take care of them?” But in the case of the personal guarantee at the time of a Permanent Residence application, it remains, after all, a matter of moral responsibility (such as providing guidance so that they do not fall into hardship or violate laws and regulations). That said, if you fail to fulfill the matters you should guarantee, it becomes difficult to ever serve as a personal guarantor for a foreign national again.

Who Can Serve as a Personal Guarantor

A Japanese national (a holder of Japanese nationality) or a foreign national who has already obtained Permanent Residence can serve as a personal guarantor. Since a personal guarantee cannot be fulfilled if the guarantor’s period of stay is shorter than that of the foreign national applying for Permanent Residence, when having a foreign national serve as guarantor, holding Permanent Residence is a requirement.

If you are married to a Japanese national, in most cases you will ask your Japanese spouse to serve as your personal guarantor, but if you are not married, you will likely ask a friend, a colleague at work, a supervisor, or the like. However, if you suddenly ask, “I’m going to obtain Permanent Residence, so please be my personal guarantor,” they may be taken aback or decline, so it is a good idea to properly understand and explain the “personal guarantee for a Permanent Residence application.”

Documents Required Regarding the Personal Guarantor

Once you have obtained someone’s consent to serve as your personal guarantor, you will have them fill in the letter of personal guarantee, but there are also other documents that must be submitted concerning the personal guarantor.

* When having a spouse or the like serve as your personal guarantor, if you have already submitted a certificate of residence among the application documents and it would overlap, it is not required.

There is no condition such as the personal guarantor’s income being XX yen or more, but there is no problem if they are employed at a company and properly pay their resident tax.

Since documents involving personal information, such as a company certificate of employment and a resident tax taxation certificate, are required, when asking someone other than family to serve as your personal guarantor, we recommend properly explaining the documents to be submitted as well.

You cannot file a Permanent Residence application without a personal guarantor; a personal guarantor is always required for a Permanent Residence application. In particular, when you are not married or are staying in Japan alone and have no choice but to ask someone other than family, it is a good idea to find someone who will serve as your personal guarantor in advance.

The term “personal guarantor” tends to give rise to misunderstandings such as “might I suddenly be saddled with a debt one day?”, leading people to decline, so finding a personal guarantor can be a struggle and take time. Therefore, if you can properly understand and explain the personal guarantee, you should be able to obtain consent smoothly. Also, if you communicate the necessary documents in advance, the person who agrees to be your personal guarantor will likely cooperate with your Permanent Residence application with peace of mind.