Permanent Residence Applications: Special Exceptions to the General 10-Year Residence Rule

Regarding Special Exceptions to the General 10-Year Residence Rule

To file a Permanent Residence application, you must, as a general rule, have resided in Japan for 10 years. This is premised on the applicant having held an address in Japan for a certain period of time and continuing to live in Japan going forward. Therefore, you cannot file a Permanent Residence application while residing overseas.

However, there are special exceptions to this general 10-year residence rule. Foreign nationals with particularly strong ties to Japan may file a Permanent Residence application without having resided in Japan for 10 years.

This page focuses on [special exceptions to the general 10-year residence rule] in Permanent Residence applications.

Special Exceptions to the General 10-Year Residence Rule

One of the requirements for filing a Permanent Residence application is, as a general rule, residence in Japan for 10 years or more, but there are special exceptions to this requirement. The following lists the representative cases in which the residence requirement is relaxed.

1. In the Case of a Spouse of a Japanese National, a Permanent Resident, or a Special Permanent Resident: A Substantive Marriage Continuing for 3 Years or More, and Continuous Residence in Japan for 1 Year or More. In the Case of Their Biological Child, Etc.: Continuous Residence in Japan for 1 Year or More.

If you are the spouse of a Japanese national or a Permanent Resident, a Permanent Residence application is possible as long as a substantive marriage has continued for 3 years or more and you have resided in Japan for 1 year. However, even if 3 years or more have passed since marriage, periods of separation during this time are not considered substantive marriage. A married life involving cohabitation for 3 years or more is required. In the case of a biological child of a Japanese national or Permanent Resident, a Permanent Residence application becomes possible after 1 year or more of residence in Japan.

2. Continuous Residence in Japan for 5 Years or More on the “Long-Term Resident” Status of Residence

Foreign nationals residing in Japan on the Long-Term Resident Status of Residence can file a Permanent Residence application after living in Japan for 5 years or more on the Long-Term Resident Status of Residence.

3. For Those Recognized as Refugees: Continuous Residence in Japan for 5 Years or More After Recognition

If a foreign national who applied for refugee recognition receives refugee recognition, a Permanent Residence application is possible after 5 years or more of residence in Japan from the date of recognition.

The review period for refugee applications is long, but residence during the review period is not counted toward the 5 years.

4. Those Who, Having Performed the Point Calculation Set Forth in the Regulations on Highly Skilled Professional, Have 70 Points or More and Fall Under Either of the Following

(a) Having continuously resided in Japan for 3 years or more as a “Highly Skilled Foreign Professional.”
(b) Having continuously resided in Japan for 3 years or more, and being recognized as having had 70 points or more when the point calculation set forth in the Highly Skilled Professional Ordinance was performed using the date 3 years prior to the Permission for Permanent Residence application date as the reference point.

If you hold the Highly Skilled Professional Status of Residence (70 points or more), a Permanent Residence application is possible after 3 years or more of residence in Japan from the time you acquired the Highly Skilled Professional Status of Residence.

Even when residing on a Status of Residence other than Highly Skilled Professional, a Permanent Residence application becomes possible if you are recognized as having had 70 points or more when calculated using the Highly Skilled Professional point calculation table, using the date 3 years prior to the Permission for Permanent Residence application date as the reference point.

5. Those Who, Having Performed the Point Calculation Set Forth in the Highly Skilled Professional Ordinance, Have 80 Points or More and Fall Under Either of the Following

(a) Having continuously resided in Japan for 1 year or more as a “Highly Skilled Foreign Professional.”
(b) Having continuously resided in Japan for 1 year or more, and being recognized as having had 80 points or more when the point calculation set forth in the Highly Skilled Professional Ordinance was performed using the date 1 year prior to the Permission for Permanent Residence application date as the reference point.

If you hold the Highly Skilled Professional Status of Residence (80 points or more), a Permanent Residence application is possible after 1 year or more of residence in Japan from the time you acquired the Highly Skilled Professional Status of Residence.

Even when residing on a Status of Residence other than Highly Skilled Professional, a Permanent Residence application becomes possible if you are recognized as having had 80 points or more when calculated using the Highly Skilled Professional point calculation table, using the date 1 year prior to the Permission for Permanent Residence application date as the reference point.

Regarding Departures from Japan

The above has explained the special exceptions to the general 10-year residence rule when filing a Permanent Residence application. However, even if you fall under a special exception, frequent departures from Japan may disqualify you from the special exception.

While the Immigration Bureau has not clearly published a specific number of days, departures from Japan of 90 days or more on a single occasion, or being outside Japan for 150 days or more within one year, will work against you in a Permanent Residence application. After all, your base of life must be in Japan, and unless there are reasonable grounds, frequent departures may result in Permission for Permanent Residence not being granted.

If you have departed frequently, you must continue settled residence in Japan before filing a Permanent Residence application. Note that even in such cases, the special exceptions to the general 10-year residence rule can still be applied, so continue your settled residence and satisfy the relevant residence years.

Note that “continuously” means continuing to reside without your Status of Residence being interrupted. Traveling overseas temporarily after obtaining a Re-entry Permit (including a Special Re-entry Permit) is considered continued residence. However, if you depart without obtaining a Re-entry Permit, or if the Re-entry Permit expires during your stay overseas, your Status of Residence is extinguished, and your residence is no longer considered continuous.

Summary: Special Exceptions to the General 10-Year Residence Rule for Permanent Residence Applications

The special exceptions to the general 10-year residence rule in Permanent Residence applications are exceptions to the otherwise required 10 years or more of holding an address in Japan. If you fall under a special exception and are considering a Permanent Residence application, it may be worth applying first.

However, even foreign nationals who fall under a special exception are not greatly different with regard to the other requirements (conduct and income). Basically, the special exceptions only apply to the residence requirement (and the income requirement depending on individual circumstances), so please also carefully confirm whether you satisfy the other requirements.

The residence requirement for a Permanent Residence application requires that your base of life be in Japan. Whether your base of life is in Japan is judged not simply by the total number of days outside Japan in a year, but comprehensively from factors such as the reasons for long-term departures, past periods abroad, family circumstances (such as children attending school in Japan), and asset situation (such as whether you own a home in Japan).