Permanent Residence Applications When You Have a Criminal Record

How to Approach a Permanent Residence Application When You Have a Criminal Record

When a foreign national wishing to apply for Permission for Permanent Residence has a criminal record, many people assume that obtaining approval will be difficult. And indeed, in actual practice, applications by those with a criminal record do face a stricter review. However, it is still possible to obtain Permission for Permanent Residence even if the foreign national applying has a criminal record.

Our office has, in fact, handled cases where applications by foreign nationals with a criminal record were successfully approved.

So how can one actually obtain Permission for Permanent Residence despite having a criminal record? This page explains Permanent Residence applications in cases where there is a criminal record.

Why Does a Criminal Record Make It Harder to Obtain Permission for Permanent Residence?

Before getting to the main topic, let us first consider why having a criminal record makes a Permanent Residence application more difficult. The reason is that one of the requirements for Permission for Permanent Residence is “good conduct.”

Good Conduct Requirement

Being of good conduct means complying with the law and leading a life as a resident that is not socially criticized in daily life.

Because of this requirement, having a criminal record makes it impossible to satisfy this condition. That said, having a criminal record does not, in itself, necessarily mean that a Permanent Residence application will always be denied. Even with a criminal record, once a certain period of time has passed since the date of disposition, it is possible to satisfy the good conduct requirement.

Applying without allowing this period of time to pass will almost certainly result in denial.

How Long Should You Wait If You Have a Criminal Record?

As explained above, even with a criminal record, the good conduct requirement can be satisfied after a certain period of time has passed. The actual length of time to wait varies depending on the crime committed.

Most cases follow the guidelines below, so please use them as a reference.

As shown above, in cases of sentences of imprisonment with or without labor, there is a possibility of approval if you apply for Permanent Residence after at least 10 years have passed. In the case of a suspended sentence, please wait 5 years or more before applying.

Of course, waiting for a certain period of time does not automatically guarantee approval, and the review will still be stricter compared to a Permanent Residence application by a foreign national without a criminal record. In such applications, we recommend submitting a letter of remorse as well.

Regarding Traffic Violations

Traffic violations are the issue that most often becomes a problem under the good conduct requirement of a Permanent Residence application. You may think they are “just traffic violations,” but depending on the content, they can result in denial. The following explains in detail what kinds of violations can be cause for denial.

First, traffic violations are classified into two types: administrative penalties and criminal penalties. As a rough guide, minor violations correspond to administrative penalties, while serious violations correspond to criminal penalties.

Specific examples of traffic violations classified as administrative penalties and as criminal penalties are listed below for reference.

Administrative Penalties

Criminal Penalties

How does this look? You can probably see that the violations classified as administrative penalties are ones you commonly hear about, while criminal-penalty traffic violations are serious violations that would not normally occur.

Returning to the topic of Permanent Residence applications, in the case of traffic violations classified as administrative penalties, 1 or 2 instances will not pose a significant problem. However, repeating 4 to 5 traffic violations within 5 years will put you at a disadvantage in a Permanent Residence application, so please be careful.

For criminal penalties, it is difficult to obtain Permission for Permanent Residence without waiting at least 5 years from the date of the violation. Therefore, if you have committed a violation that constitutes a criminal penalty, do not apply for Permission for Permanent Residence immediately; please wait 5 years or more before applying.

If you are unsure whether your traffic violation is an administrative penalty or a criminal penalty, check the nature of the violation fee you paid. An administrative fine corresponds to an administrative penalty, while a criminal fine corresponds to a criminal penalty.

Summary: Handling Permanent Residence Applications When You Have a Criminal Record

This page has explained Permanent Residence applications in cases where the applicant has a criminal record. Having a criminal record raises the difficulty level compared to applications by foreign nationals without one. First, without allowing a period of time to pass from the date of disposition, it is difficult to obtain Permission for Permanent Residence.

In addition, waiting a period of time does not automatically result in approval, and when applying, we recommend attaching a letter of remorse and similar supporting documents.

If you reflect on the disposition you received and apply after allowing sufficient time to pass, there is a real possibility that your Permanent Residence application will be approved. Our office has, in fact, handled applications by clients with criminal records and obtained approval.

If you have any questions about your particular situation, please feel free to contact our office.