Obtaining Permanent Residency from a Dependent Visa

What Is a Dependent Visa?

A Dependent visa is a visa granted to the spouse (wife or husband) and children of a foreign national who is working in Japan with a work-related Status of Residence. It is the visa that family members of foreign nationals working in Japan with representative work-related Statuses of Residence — such as the Engineer/Specialist in Humanities/International Services visa, Skilled Labor visa, or Business Manager visa — must obtain in order to stay in Japan.

Since the Dependent visa is a Status of Residence premised on receiving support, work is in principle not permitted. However, if Permission to Engage in Activities Other Than That Permitted by the Status of Residence Previously Granted is obtained, work is permitted up to a limit of 28 hours per week. Because of these characteristics of the Status of Residence, obtaining Permanent Residence from a Dependent visa differs greatly from a typical application.

This page explains the key points for obtaining Permanent Residence from a Dependent visa.

Requirements for Obtaining Permanent Residence from a Dependent Visa

First, as a prerequisite, if a foreign national holding a Dependent visa applies for Permanent Residence alone, it will almost certainly not be approved. Due to the nature of the Dependent visa as a Status of Residence, it is difficult to satisfy the income requirements demanded for a Permanent Residence application. For this reason, approval may only be possible when applying simultaneously together with a spouse or parents who have income. This is one of the major differences from Permanent Residence applications made from other Statuses of Residence.

① Regarding the Period of Stay

In principle, to apply for Permanent Residence, the applicant must have resided in Japan continuously for 10 years or more. However, when the applicant holds a Dependent visa and applies together with their family, there is a high possibility of being able to apply for Permanent Residence even without 10 years or more of residence history in Japan. This is because when applying together with family, at the point when the family member who independently satisfies the requirements becomes a Permanent Resident, the Dependent visa holder takes on the status of “Spouse or Child of Permanent Resident,” and is therefore assessed as such.

In this case, the residence requirement for the foreign national holding the Dependent visa can be satisfied if a substantively valid marriage with the spouse applying jointly has continued for 3 years or more, and the applicant has resided continuously in Japan for 1 year or more. If a child also applies together, they are assessed as a “Real Child of a Permanent Resident,” so if they have resided continuously in Japan for 1 year or more, they will satisfy the residence requirement.

However, the approach to departures from Japan is the same as for Permanent Residence applications from other Statuses of Residence. If departures are frequent, the count for the continuous 1 year or more requirement may be reset. A single departure of 90 days or more, or departures totaling half a year or more within one year, will be a negative factor in the Permanent Residence application.

② The applicant must be residing under the longest period of stay prescribed in Appended Table 2 of the Ordinance for Enforcement of the Immigration Control Act for the Status of Residence currently held.

It is required that the period of stay of the Dependent visa Status of Residence currently granted be the longest period. In other words, even if you hold the Dependent visa Status of Residence, if the period of stay granted is 1 year, you do not satisfy this requirement. The periods of stay for the Dependent visa Status of Residence are 1 year, 3 years, or 5 years. While one might think a 5-year period of stay is required in this case, this requirement can be satisfied with a period of stay of 3 years or more.

③ The applicant must have sufficient assets or skills to make an independent living.

When obtaining Permanent Residence from a Dependent visa, the income of the family member applying jointly must satisfy this requirement. The conditions regarding income are almost the same as for applications from other Statuses of Residence, but the number of dependents requires attention. Foreign nationals holding a Dependent visa are in most cases the dependent (the one receiving support). Furthermore, if there are also children, the number of dependents of the family member who independently satisfies the requirements will be greater. There are no clearly published figures regarding income, but income of 3.3 million yen for 1 dependent and 3.6 million yen for 2 dependents serves as the standard.

④ The applicant must not be a burden on public funds in daily life, and based on their assets, skills, etc., must be expected to have a stable life in the future.

If the Dependent visa holder is receiving public assistance and thereby becoming a burden on public funds, obtaining Permanent Residence is difficult even if the family member applying jointly has income.

⑤ The applicant must be of good conduct.

The applicant must comply with the law and lead a life as a resident that is not socially criticized in daily life.

This refers to past imprisonment, fines, and traffic violations. If you have received imprisonment or a fine in the past, we recommend applying after some time has passed since the date of disposition. The length of time to wait varies depending on the severity of the sentence and the amount of the fine paid, but as a guideline, it is approximately 5 to 10 years.

As for traffic violations, the treatment differs depending on whether an administrative penalty or a criminal penalty was imposed. Minor violations such as failing to stop at a stop sign are classified as administrative penalties, so a few instances are not a particular problem. Drunk driving and serious speeding are classified as criminal penalties, so if you fall under this, we recommend applying after some time has passed since the date of disposition.

⑥ The applicant must not have received a fine or imprisonment, etc. The applicant must have properly fulfilled public duties (payment of taxes, payment of public pension and public health insurance premiums, notification obligations stipulated in the Immigration Control and Refugee Recognition Act, etc.).

It is necessary that resident tax and pension, including those of the family member who independently satisfies the requirements, have been paid at the appropriate times. Unpaid amounts are out of the question, but even if payments have been completed, if there have been delays past the payment deadlines, it is difficult to obtain approval for a Permanent Residence application. A Permanent Residence application requires that the appropriate taxes have been paid at the appropriate times. When a foreign national holding a Dependent visa is a dependent, the tax payment situation of the family member who independently satisfies the requirements becomes important.

Summary of Obtaining Permanent Residence from a Dependent Visa

When applying for Permanent Residence from a Dependent visa, approval may only be possible when applying together with family, not when applying alone. Therefore, if the family member who independently satisfies the requirements is denied, the application of the foreign national holding the Dependent visa will also be denied.