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Requirement of Permanent Residence for High skilled professionals

From April 21st 2023, the Immigration Services Agency of Japan amended the Permanent Resident Permit Guidelines, the inspection standard for application of Permanent Residence in Japan.

The guideline is the minimum requirements to get Permanent Residence in Japan. The Immigration inspectors will also see the points which are not mentioned in this guideline. So, it doesn’t mean that you are guaranteed to get Permanent Residence by meeting the requirements written in this guideline.

But we will have to know that you must start consideration to apply for Permanent Residence after meeting these requirements. Since it’s the minimum requirements, the Immigration Authority does not issue Permanent Residence for the person who don’t meet the minimum requirements in this guideline. So, I think it’s worth checking the guideline before fulfilling the application form.

In this article, I’ll explain the requirements written in this guideline for High skill professionals , the persons who have 70 points or more when you calculate your points for point calculation sheet for High skilled professional status(高度専門職).

In general, the working status holders need to live in Japan for 10 years or more to get Permanent Residency in Japan. But there are some exceptions. One of the exceptions is the requirements for High skilled professionals.

You don’t have to get High skilled professional status

Let me note that you don’t have to have the High skilled professional status in Japan. Even if you stay in Japan with Engineer status, you could get Permanent Residency in Japan by using the point calculation.


General requirements for Working VISA holders

If you are working VISA holders who want to apply for Permanent Residence in Japan, here are the general requirements.


(1) Good conduct

Comply with the law and lead a life that is not socially criticized as a resident in your daily life.


You have to be the person who follow Japanese law. If you have the history for sentenced to be imprisoned or pay fine by judicial court, you don’t meet this requirements.

One thing you have to care regarding this requirement is traffic violation. In Japan, minor violations for traffic rules are not treated as crime. You would pay fine if you received the traffic ticket from a police officer. But this fine is not considered as “fine” under the criminal law of Japan. The Fine for minor violation of traffic rule is called Hansoku-kin(反則金) and considered as administrative penalty. So it is not considered as punishment for violation of criminal law.

Under current inspection, the Immigration inspectors does not reject the application for the applicant who just have the history of minor violation of traffic rule 1~3 times. But you are required to report the history of minor violation of traffic rules.


(2) Possessing sufficient assets or skills to make an independent living;

Those who do not become a burden on the public in their daily lives, and who are expected to lead a stable life in the future in view of their assets or skills.


You need to have enough income or asset to pay the cost of your life in Japan. The Immigration Services Agency has their own internal inspection standards to check whether your income is enough to pay the cost of your daily life in Japan. So, they will check whether your income meet the standard set by the Immigration authority.


(3) The person's permanent residence is deemed to be in the interests of Japan.


A When points are calculated as specified in the Ministerial Ordinance (hereinafter referred to as "Ministerial Ordinance for Highly-Skilled Professionals") that stipulates the criteria for the right-hand column of the highly-skilled professionals section of Appended Table 1-2 of the Immigration Control and Refugee Recognition Act. Those who have 70 points or more in the following and fall under any of the following

a. Those who have resided in Japan continuously for more than three years as a "highly-skilled foreign professional".

b) A person who has been residing in Japan continuously for 3 years or more and has a score of 70 points or more when calculating the points stipulated in the Ordinance of the Ministry of Highly Skilled Professionals based on the point of time 3 years before the date of application for permission for permanent residence. be recognized as having done so.


If you have 70 points on point calculation for High skilled professional, you meet this requirement if you meet one of the following criteria.


a. persons who live in Japan for 3 years as High skilled professional status holder who have 70 points or more.

b. persons who have 70 points or more 3 years before from the date of application for Permanent Residency and live in Japan for 3 years or more.

For example, if you are Highs skilled professional status holders, you will meet this requirement by living in Japan as High skilled professional status holder for 3 years and having 70 points when you apply for Application of Permanent Residency. (a.)

If you don’t have High skilled professional status now, you will meet this requirement by living in Japan for 3 years having 70 points or more at this time and 3 years before from the date of application.


B A person who has a score of 80 or more when calculating the points prescribed in the Ordinance of the Ministry of Highly Skilled Professionals, and who falls under any of the following.

a. You must have stayed in Japan continuously for more than one year as a “highly-skilled foreign professional”.

b) A person who has been residing in Japan continuously for one year or more, and has a score of 80 points or more when calculating the points prescribed in the Ordinance of the Ministry of Highly Skilled Professionals based on the point one year before the date of application for permission for permanent residence. be recognized as having done so.

If you have 80 points on point calculation for High skilled professional, you meet this requirement if you meet one of the following criteria.


a. persons who live in Japan for 1 year as High skilled professional status holder who have 80 points or more.

b. persons who have 80 points or more 1 years before from the date of application for Permanent Residency and live in Japan for 1 years or more(b,).


For example, if you current have High skilled professional status and are recognized to have 80 points or more from Immigration Services Bureau(出入国在留管理局), you will meet this requirement by having 80 points or more currently and living in Japan for 1 year or more(a.).

If you don’t have Highs skilled professional, you will meet this requirement by living in Japan for 1 years or more and having 80 points or more at this moment and 1 year before from the date of application.


(b) The person has not been sentenced to a fine or imprisonment. Appropriately fulfilling public obligations (such as tax payment, payment of public pension and public medical insurance premiums, and reporting obligations stipulated in the Immigration Control and Refugee Recognition Act).

You are required to obey the law. You are also required to property fulfill public obligation (tax, social security). The Immigration authority check whether applicants pay the public obligation and whether applicants follows the deadline of the public obligations.


(c) The applicant is currently residing in Japan with the longest period of stay stipulated in Appended Table 2 of the Regulations for Enforcement of the Immigration Control and Refugee Recognition Act.

You need to have 3 years VISA or 5 years VISA. If you have 1 year VISA, you will not meet this requirement. But about this requirement, the Immigration officer has exceptional treatment for Dependent VISA holder(家族滞在).


D. There is no risk of being harmful from the viewpoint of public health.

The applicants have to be the person who will not harm public heath.


Daichi Ito



 


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