The Dependent Visa and Permanent Residence Applications

Dependent Visa Holders and Permanent Residence Applications

A Permanent Residence application by a foreign national residing in Japan on the “Dependent” Status of Residence will, as a general rule, not be approved if filed alone. The “Dependent” visa is a visa for family members to stay in Japan together with a foreign national who holds a work visa such as “Engineer / Specialist in Humanities / International Services” or “Highly Skilled Professional,” so Permission for Permanent Residence can be obtained by applying simultaneously when the principal foreign national holding such a work-related Status of Residence applies. A joint application is therefore recommended.

Why a Joint Application Is Preferable

When the principal foreign national applies for Permission for Permanent Residence and becomes a “Permanent Resident,” the foreign family members residing on the “Dependent” visa must change their visa. As mentioned above, the “Dependent” visa is one that accompanies a work-related visa and cannot accompany the “Permanent Resident” status. If family members have the relevant academic or work background, they can change to a work-related visa; otherwise — and especially in the case of children — they must change their Status of Residence to “Spouse or Child of Permanent Resident.”

Changing a Status of Residence takes time and effort, and work-related visas as well as the “Spouse or Child of Permanent Resident” visa must also be renewed. However, if “Permanent Resident” status can be obtained, no further changes or renewals are necessary afterward. Since family members holding the “Dependent” visa will need to undertake some procedure once the principal applicant applies for Permission for Permanent Residence, we recommend applying for Permanent Residence simultaneously.

Why a Joint Application Is Possible

When a Permission for Permanent Residence application is filed, at the point the applicant obtains “Permanent Resident” status, the foreign nationals holding the “Dependent” visa fall under the status of “Spouse or Child of Permanent Resident.” This means that the foreign nationals filing the Permission for Permanent Residence application are regarded as “Spouse or Child of Permanent Resident,” and the residence requirement applicable to them is also that of “Spouse or Child of Permanent Resident.”

Residence Requirements for “Spouse or Child of Permanent Resident”

Ordinarily, a Permanent Residence application requires 10 years or more of residence history and 5 years or more of work experience, so the relaxation described above is a significant advantage.

Required Documents When a “Dependent” Visa Holder Applies for Permission for Permanent Residence

The documents required are the same as those for the principal foreign national, but foreign nationals on the “Dependent” visa must also submit documents proving their family relationship. Specifically, one of the following is required.

Points to Note When a Family Applies for Permission for Permanent Residence

One of the requirements for Permission for Permanent Residence is being “of good conduct.” The applicant is required to comply with the law and lead a life as a resident that is not socially criticized in daily life. If a family applies for Permission for Permanent Residence jointly, every member must comply with the law.

For example, working is not permitted on the “Dependent” visa, so anyone wishing to work must first obtain “Permission to Engage in Activities Other Than That Permitted by the Status of Residence Previously Granted”; doing part-time work without this permission would be problematic.

Serious traffic violations and the like also fall into this category. If even one family member has committed a violation, in a joint application not only the person who committed the violation but the principal foreign national as well will be denied in the Permanent Residence review. Therefore, while this is of course important for individual applications, when a family files a joint application, particular care must be taken to ensure good conduct — that is to say, to ensure that there are no violations of the law.

As described above, if a foreign national residing in Japan on a work-related visa is considering a Permission for Permanent Residence application and has family members in Japan on the “Dependent” visa, the “Permanent Resident” visa offers many advantages for the family as well. Taking the procedures and effort involved into account, we recommend applying jointly.