Tommy’s Legal Service

Permanent Residence / Immigration System

Is Permanent Residence in Japan a “Right” or Permission?

Following recent discussion about Minister Kimi Onoda’s remarks that Japan has “permission for permanent residence,” not an automatic “permanent residence right,” this article explains the legal structure of permanent residence in Japan.

In everyday conversation, the Japanese expression often translated as “permanent residence right” is commonly used.

Recently, Japanese media reported that Minister Kimi Onoda pointed out during a discussion on permanent residence that Japan does not use the concept of an automatic “permanent residence right” in that sense, and that permanent residence should be understood as permission for permanent residence.

This point is also important in immigration practice. In daily conversation, the expression “permanent residence right” is widely used. Legally and practically, however, permanent residence in Japan should be understood as permission granted by the Minister of Justice to a foreign national who satisfies the relevant requirements.

At the same time, saying that permanent residence is “not a right” does not mean that the government can freely cancel it without legal grounds or procedure. Permanent Resident status is a residence status granted through permission, and after it is granted, it is handled as a legally protected status under Japan’s immigration system.

Foreign residents, Japanese spouses, employers, and supporters may say that a person “has permanent residence” or ask whether “permanent residence can be cancelled.” These expressions are understandable, but they can also create confusion.

Under Japan’s immigration system, the more accurate explanation is that a foreign national obtains permission for permanent residence from the Minister of Justice and, as a result, holds the status of residence called “Permanent Resident.”

“Permanent residence right” is a common expression, not the precise legal structure

In Japan, people often refer to the status of residence “Permanent Resident” as a “permanent residence right.”

However, the word “right” may give the impression that once permanent residence is granted, it can never be lost under any circumstances.

On the other hand, focusing only on the word “permission” may lead to the opposite misunderstanding: that the government can freely take it away at any time.

Both understandings are too simple. Permanent residence is a legally protected residence status granted through permission, and after it is granted, it must be handled according to legal grounds and procedures.

Legally, a person receives permanent residence permission and becomes a Permanent Resident

As a general rule, permission for permanent residence requires good conduct, sufficient assets or ability to make an independent living, and that the person’s permanent residence is regarded as being in the interests of Japan.

In practice, the Immigration Services Agency also checks residence history, criminal record, public obligations, the current period of stay, and other factors.

• Whether the applicant complies with laws and lives as a responsible resident
• Whether stable future living conditions can be expected
• Whether the applicant has the required continuous residence history in Japan
• Whether taxes, public pension, public health insurance premiums, and other public obligations have been properly fulfilled
• Whether notification obligations under immigration law have been properly fulfilled

In recent years, proper fulfillment of public obligations has become especially important. Even if unpaid amounts have been paid by the time of application, delayed payment after the original deadline may be evaluated negatively in principle.

Permanent Residents do not need period-of-stay renewals and have no activity restrictions

Permanent Resident status is one of the most stable statuses of residence in Japan.

Unlike many work-related statuses, it does not restrict the type of permitted activities. It also has no fixed period of stay. Therefore, a Permanent Resident does not need to repeatedly apply for permission to extend the period of stay.

This gives Permanent Residents a high level of stability compared with many other statuses of residence.

However, not needing period-of-stay renewal does not mean that all immigration obligations disappear. Permanent Residents must still renew their residence card, report their address properly, and comply with other obligations under immigration law.

It is incorrect to say that permanent residence can never be lost

Permanent Resident status is highly stable, but it is not an absolute right that remains valid regardless of what happens.

For example, if permanent residence was obtained by fraud, if the person fails to notify a new address, or if a false address is reported, the Permanent Resident status may become subject to cancellation.

In addition, even a Permanent Resident may be subject to deportation in certain serious criminal cases.

It is also incorrect to say that permission can be freely cancelled

At the same time, it is also inaccurate to say that because permanent residence is based on permission, the government can freely cancel it without legal process.

Cancellation of a status of residence requires legal grounds and proper procedure.

The Immigration Services Agency must check the relevant facts, hear the person’s opinion, provide an opportunity to submit evidence, and then decide whether cancellation or a change of status is appropriate.

If a person disagrees with the disposition, legal remedies such as administrative litigation may also need to be considered.

In other words, Permanent Resident status is not an absolute right that can never be lost, but it is also not a weak status that can be taken away freely.

Taxes, social insurance premiums, and permanent residence

Public obligations are an important issue in the permanent residence system.

Public dues include not only taxes but also public burdens such as social insurance premiums.

However, it is not accurate to say that any unpaid tax or insurance premium will immediately cause cancellation of Permanent Resident status.

The key issue is whether the person knew of the obligation and had the ability to pay, but intentionally chose not to pay.

Cases involving illness, unemployment, financial hardship, or other circumstances where non-payment was unavoidable are not treated in the same way as intentional non-payment.

In practice, the Immigration Services Agency will consider the circumstances that led to non-payment, the person’s response to reminders or collection procedures, willingness to pay, current living situation, and degree of settlement in Japan.

Permanent residence and naturalization are different

Permanent residence and naturalization are completely different systems.

A Permanent Resident remains a foreign national while residing in Japan without activity restrictions or a fixed period of stay.

Naturalization, on the other hand, means that a foreign national obtains Japanese nationality with permission from the Minister of Justice.

After naturalization, the person is no longer subject to immigration residence management under the Immigration Control Act.

Therefore, it is important to understand that Permanent Resident status is a status of residence for foreign nationals, while naturalization is the acquisition of Japanese nationality.

Summary: do not rely only on the expression “permanent residence right”

The expression “permanent residence right” is widely used in everyday conversation.

However, under Japan’s immigration system, the more accurate structure is that a person receives permission for permanent residence and holds the status of residence “Permanent Resident.”

Permanent Resident status is highly stable because it has no fixed period of stay and no activity restrictions.

At the same time, Permanent Residents remain subject to immigration residence management, including residence card renewal, address notification, public obligations, possible cancellation of status, and deportation rules.

It is not accurate to say that permanent residence can never be lost. It is also not accurate to say that it can be freely cancelled simply because it is based on permission.

The most balanced understanding is that Permanent Resident status is a legally protected residence status granted through permission.