Overstay (Illegal Residence) and Permanent Residence Applications

What Happens If You Have a History of Overstaying?

A history of overstaying makes the review for a Permission for Permanent Residence application stricter. That said, it does not mean that an application is impossible. We often receive inquiries asking whether one cannot apply for Permanent Residence for 10 years after illegal residence, but that rule applies to naturalization applications for acquiring Japanese nationality.

There is no rule stating that a foreign national who has overstayed and received Special Permission to Stay must reside in Japan for a certain number of years before being able to apply for Permanent Residence. The required period of residence follows the “Guidelines for Permission for Permanent Residence” set by the Immigration Services Agency of Japan.

Therefore, the exceptions to the general “10 years of residence” rule also apply. For example, if you are married to a Japanese national and your marriage has continued for 3 years or more, and you have resided in Japan for 1 year or more, you can apply for Permanent Residence.

However, even in this case, the Guidelines state that “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 and Refugee Recognition Act for the Status of Residence currently held,” and a period of stay of “3 years” is treated as “residing under the longest period of stay.” Therefore, in addition to a marriage of 3 years’ duration, the applicant must have been granted a period of stay of 3 years.

As shown above, even with a history of overstaying, a Permission for Permanent Residence application is not impossible.

Whether you are able to live stably in Japan, and whether you have properly paid taxes, become even more important in a Permanent Residence application. That said, many people may feel uneasy about a Permanent Residence application when there is a history of overstaying. If you have any concerns, please feel free to consult our office.