“Long-Term Resident” visa

What is a “Long-Term Resident” visa?

What is a “Long-Term Resident” visa? According to the Japanese Immigration Act, it states that a Long-Term Resident is “a status of residence based on status or status, and is granted by the Minister of Justice, taking into account special reasons, to live in Japan“. This makes no sense at all. Thus, the content of the substantive provisions is not clear at all from the Immigration Control Act. It may be easier to understand that it is positioned as “other” among the status of residence statuses.

Examples include the third country resettlement refugees, third-generation Japanese diaspora (Nikkei) and Japanese nationals remaining in China.

Third-country resettled refugees are Indochinese refugees. Vietnam, Cambodia and Myanmar, etc. are the main types. Foreigners granted refugee status are granted “Long-Term Resident” status. The so-called ‘Nanmin visa’ that foreigners often use is not this status, in most cases. The self-proclaimed refugee visas held by foreigners who come to talk to our office are often of the type of refugee recognition applicants (including applicants for examination) with the status of residence “Designated Activities” visa.

The Japanese diaspora and its individual members, known as Nikkei (日系) or as Nikkeijin (日系人), comprise the Japanese emigrants from Japan (and their descendants) residing in a country outside Japan. As Nikkei, the most common nationalities are Brazilian and Peruvian, with the Philippines, Indonesia and the USA also represented. Japanese nationals remaining in China are mainly Chinese nationals.

The spouses and children of such Nikkei and other permanent residents are also granted “Long-Term Resident” visa status.

In the following, we will introduce a case received by YOKOYAMA LEGAL SERVICE OFFICE, and you will see that it is listed as “Notification No. x”. This refers to the resident public notice, officially named “To determine the status listed in the lower column of the resident section of Appended Table 2 of the Immigration Control and Refugee Recognition Act in accordance with Article 7, paragraph 1, item 2 of the same Act (Ministry of Justice Public Notice No. 132 of 1990)”. Here it is referred to simply as the ‘Notification’. The ‘Long-Term Resident Notification’ clarifies in advance a type of status that may be granted by the Minister of Justice of Japan.

Two Types of Long Term Resient Visa: Notification vs. Non-Notification

There are two primary categories for Long-Term residents: “Notification” and “Non-Notification” Settlement.

1. Notification Settlement: This applies to foreigners married to a Japanese national, who have a stepchild not biologically related to the Japanese spouse. Such a child can reside in Japan under the status termed “Long-Term Resident.”
2. Non-Notification Settlement: This category is relevant for foreigners previously married to a Japanese national who has since passed away. If approximately three years have elapsed since their arrival in Japan under a residency status as a spouse of a Japanese national, they can qualify for Long-Term resident visa status. However, it’s important to understand that status changes for non-notified residents can only be processed through a status (visa) change application, cannot apply for CoE.

Key Points to Remember: Using the second scenario as an example, if a foreigner returns to Japan after their residency status as a Japanese national’s spouse has expired, they cannot reapply for Long-Term resident visa with a Certificate of eligibility (CoE) application. This situation contrasts with the first scenario involving a stepchild of a foreigner married to a Japanese national.

Introduction to common cases

Here are some “Long-Term Resident” visa cases that we have actually been appointed to.

Case 1: Minor and unmarried biological children of permanent residents

The simplest and most common case is when a dependent father (with working visa, such as HSP visa) applies for a permanent residence permit and becomes a permanent resident, and his child no longer qualifies as a “Dependent” visa status, so the case is changed from “Dependent” to “Long-Term Resident” (Notification No. 6-a : minor, unmarried biological child of a permanent resident). This is a very simple procedure and will be easy to understand.

If both the parent (who has a working visa) and the child apply for permanent residence and the whole family is granted permanent residence, this procedure is no longer necessary. However, if their child arrived in Japan recently, or if the parent has a “Highly Skilled Professional” visa status, for example, the parent will fulfil the requirements to apply for permanent residence after only one year, but the child cannot apply for permanent residence together. In such cases, the parent first becomes a permanent resident, and then the spouse is changed to “Spouse or Child of Permanent Resident” and the child to “Long-Term Resident”. Then, after approximately three years in Japan, the spouse and children can also apply for permanent residence.

If the children do not follow this procedure and remain in the “Dependent” visa status, they will lose their status of residence, which may be taken into consideration against them when they apply for permanent residence. Although this will increase the time and effort required for the application, please do not forget to proceed with the procedure. For more information, please contact the YOKOYAMA LEGAL SERVICE OFFICE.

On ‘Minor/unmarried biological children’

Following the enactment of the Law Partially Amending the Civil Code, which lowered the age of majority, the current definition of ‘minor’ in each item of the Long-Term Resident Notification No. 6 was changed from under 20 to under 18 years of age, effective 1 April 2022. Since that date, persons aged 18 and over are no longer allowed to enter the country with the new status of “Long-Term Resident” visa as a ‘minor/unmarried biological child’.

Therefore, when applying for this status at the age of 17, please pay close attention to the deadlines. It is understood that the applicant must be a minor at the “time of landing permission” in Japan.

This does not affect those who already have “Long-Term Resident” visa status and have left the country on a re-entry permit (including a deemed re-entry permit). The extension of the period of stay may also be granted. The examination guideline clearly states that even if the applicant has reached the age of majority, married or started working after entering Japan and is no longer supported, the applicant’s status of residence is not to be denied immediately on the basis of these facts.

However, there are sometimes consultations with parents who wish to re-invite their children, who were granted “Long-Term Resident” visa status when they were young but subsequently returned to their home country without adjusting to Japan and lost their resident status, to come back as adults, but this is of course an application from a new recognition of resident status and is therefore not covered by the However, this is of course an application from a new status of residence, so it is not covered. For more information, please contact the YOKOYAMA LEGAL SERVICE OFFICE.

Case 2: Dependent of a Japanese national’s biological child; Long-Term resident

This pattern may also be more common. In the case of Japanese biological dependents, there is a notification from the government, which can lead to permission if each of the requirements is met.

YOKOYAMA LEGAL SERVICE OFFICE handled a case where a child was born to a married Japanese man who was not married, and the mother, a Filipino woman, changed her status of residence to ‘Long-Term Resident’. The Filipino mother herself had to take care of the child as she was still young and was unemployed, but the father of the child, the man, acted as her guarantor and took care of her finances, so she submitted a copy of his tax return and taxation certificate and was cleared for the independent livelihood requirement. Some foreigners are worried that the foreign mother will not be able to meet the independent livelihood requirement and try to force her to work (or, in the worst cases, forge a certificate of employment to disguise her employment), but on the contrary, this raises doubts about who will usually look after the baby. This is counterproductive or even dangerous. Falsifying your financial qualifications or company is also a crime. Please do not do this.

Even if the foreign mother has no income, another dependent is sufficient to be permitted under this type of Japanese dependent settlement for the mother’s own child. Explain honestly, accurately and factually how the mother and child will live. The mother and child will know best that they will actually be able to live in Japan in some way, so we will summarise this honestly. For more information, please contact the YOKOYAMA LEGAL SERVICE OFFICE.

Case 3: Bringing in the biological children of permanent residents

The next few cases that come to us are those in which an application for a certificate of eligibility is made to bring the biological child of a permanent resident abroad to Japan. This falls under the “Long-Term Resident” Notification No. 6-a.

If the child of a permanent resident was born in Japan and continues to reside in Japan, the child falls under the category of “Spouse or Child of Permanent Resident”. If a child of a permanent resident was born in Japan but left the country once and is brought back to Japan through an application for recognition of status of residence, the requirement of “Spouse or Child of Permanent Resident” to ‘continue to reside in Japan’ is not met. In the case of a minor or an unmarried person, the requirement is still Notification No. 6-a. In the case of an adult, there is no applicable qualification.

It may be that the mother temporarily returns to her country of origin for the birth of the child, and the child born there returns to Japan with the mother. In this case, the parents’ base of residence is in Japan, so there are no obstacles to bringing the child back to Japan to live, and the application process is not very complicated.

The difficulty arises when the person providing support, permanent resident, who is the parent, is settled outside Japan, and the client of this case to YOKOYAMA LEGAL SERVICE OFFICE wishes to move to Japan with his family for the education of his children.

Many people come to us for advice because they want their children to receive an education in Japan. However, things are not so easy. The parents have lived in Japan in the past and have obtained some form of “Permanent resident” status, but have moved their base of living to their home country or a third country and have no basis of living in Japan at the moment. In this case, it is of course important to explain the reasons why they decided to move to Japan, but what is even more important is to explain their life after moving to Japan. It is necessary to persuade the examiner as to how those who have no base of residence in Japan will live in the future, in terms of the independent livelihood requirement.

Specifically, the dependent parent may need to have a job offer in Japan, or have relatives (grandparents) living in Japan for the time being, and have sufficient savings and securities to reduce expenses, or even a business plan if they are setting up their own business.

You may assume that because yourself already have a “Permanent residents” in Japan, so your family members will also easily obtain a Japan visa. Actually, it is not only foreigners who apply for a permanent residence permit of Japan because they want to live in Japan continuously for a long time. For some foreigners, the hurdles to apply for permanent residence in Japan have been lowered due to preferential treatment for Highly Skilled Professional Foreigner Scheme, so some people take the stance that they will take PR when they can get it. After acquiring permanent residence, they go abrord from Japan as they can earn money, and then after they have a family, they come up with a life plan to return to Japan to make Japan their second base of life. They then fall into a trap. And they will notice things are not so easy.

In the worst case which I know that he left Japan without having paid his “Residence tax” and was in arrears at the city hall for a long time. He claims to have been uninformed about when to pay the Residence Tax in Japan, but that is no excuse. It would be almost impossible for the next family member to apply for a family reunion visa in Japan if he had not paid residence tax and the government has this record. Residence tax is paid afterwards, not in advance. If you plan to leave Japan, you will need to ask an agent such as a tax accountant or pay it in one lump sum at the city hall or ward office in person. Income tax is paid in advance, which is often misunderstood by some foreigners, but residence tax is paid later!!

For more information, please contact the YOKOYAMA LEGAL SERVICE OFFICE.

Case 4: NIKKEI case 1

This is followed by the “Nikkei” case.

YOKOYAMA LEGAL SERVICE OFFICE was consulted by a couple from abroad. They could not speak Japanese very well, but the wife was of Brazilian descent. Specifically, the mother was a former Japanese national who had married a local, a child born after losing her Japanese citizenship, and was already in her 30s. She (the wife) wanted to move to Japan to live with her British husband. The wife is a second-generation Japanese Brazilian, but falls under the category of “Long-Term Resident” (Notification No. 3). Her husband falls under the category of “Long-Term Resident” (Notification No. 5-c).

In another case, this was also a request by a Japanese-Brazilian couple who wanted to immigrate to Japan. In that case, the couple were also second-generation Nikkei, but because the mother was born while she was still a Japanese citizen, the Nikkei fell under the category of “Spouse or Child of Japanese Nationals” and her husband fell under “Long-Term Resident” (Notification No. 5-a). The requirements are slightly different (presence or absence of good conduct requirement) and, above all, the status of residence to apply for is different, so please make sure not to make a mistake.

In both cases, the client’s own couple were outside Japan. If the main person (of Japanese descent) is not in Japan, won’t his/her spouse also be able to apply? However, this is not the case. In cooperation with the relatives in Japan, the YOKOYAMA LEGAL SERVICE OFFICE took over the application for recognition, with the relatives acting as application agents. It took time to identify family relations, including obtaining a copy of the removal register of my mother, a former Japanese national, and even a copy of my grandfather’s removal family register (Koseki) to establish which relatives were in Japan. As a foreigner, the person in question was not familiar with his grandparents’ generation or relatives in Japan. We interviewed the applicant, unravelled the family register documents, compiled the applicant and related persons into a family tree and attached it to the application (please see the sample English translation of the supplementary explanation prepared by the YOKOYAMA LEGAL SERVICE OFFICE). For more information, please contact YOKOYAMA LEGAL SERVICE OFFICE.

On the ‘good conduct requirement’

If you are a second-generation Nikkei, there is no requirement for good conduct if you are a ‘spouse or child of a Japanese national’, but if you are a ‘long-term resident’ (Notification No. 3), you are excluded if you have a criminal record, so please be careful with the documents you submit.

You are required to be of good conduct for those who qualify as ‘Long-term residents’. You need to provide documentary proof only for the first time you enter the country, e.g. when applying for recognition. As proof, you should submit a certificate of non-criminality issued by the relevant authority of the country in which the applicant is located (country of nationality or residence). When applying for renewal, it is not normally necessary to resubmit the certificate, but if the applicant has left the country under a re-entry permit and has stayed in the destination country for more than three months, confirmation of the existence of a crime in that country will be required.

Case 5: Nikkei case 2

This case was a request for Long term resident visa asked by Mr. A, a third-generation Japanese American from Hawaii. Mr. A’s grandparents were Japanese nationals but had both passed away, and little documentation about them remained.

However, the US birth certificate of Mr. A’s father (deceased, US citizen) confirmed grandparents’ names, birthdates, and Japanese nationality. Mr. A’s US birth certificate also provided details about his father.

The family knew his grandparents had lived in a uncertain village in Okinawa Prefecture, Japan, but there were no records of their registered domicile, and it was unclear if it was in that village. Without these details, obtaining family registry documents from Japan proved impossible, even with inquiries to the local village office.

Our immigration lawyer was informed of these circumstances during Mr. A’s application for Long term resident visa. The immigration officer, understanding the situation, conducted thorough research and even contacted the local village office directly. The office explained that his grandparents’ records would be from before World War II, and many such records were destroyed during the war. Without knowing their registered domicile, it was impossible to confirm the existence of their family registry based only on their names.

Consequently, it was difficult to grant Long term resident visa status to Mr. A as a third-generation Japanese descendant without clear documentation of Japanese nationality. Therefore, the visa application was not granted.

A few months later, Mr. A received a photograph of his grandmother from one of his relative, with a memo on the back.

Mr. A, unable to read Japanese, so sent us the photo for translation. The memo contained memories related to the photo and a specific land number (address) in Okinawa. Though unsure if it was the registered domicile, a request for the family registry was made, and it matched his grandparents’ details, enabling the acquisition of their family registry. This allows us to re-apply for a visa.

Ultimately, Mr. A was granted a certificate of eligibility for Long term resident visa.

Case 6: Settling of stepchildren

YOKOYAMA LEGAL SERVICE OFFICE received a request from a foreign spouse with a history of previous marriages or births to bring in a previous child under the status of residence “Long-Term Resident” (Notification No. 6-d). The applicant must be a minor, unmarried biological child of the foreign spouse.

YOKOYAMA LEGAL SERVICE OFFICE previously received a very problematic and difficult case. Around 20 years ago, a Japanese husband, his Filipino wife and their Filipino stepson arrived in Japan around 2000. The stepson was recognised as the biological child of the Japanese husband in a procedure at the city hall. She explained that this was due to legal ignorance, as she had actually intended to carry out an adoption procedure, but the truth is now unknown. However, this is a false recognition, which is a criminal offence. In reality, there is no blood relationship between the Japanese husband and his stepson.

As a result, both the Filipino wife and her stepdaughter were granted status of residence as ‘spouse or child of a Japanese national’ (one is the spouse of a Japanese national, the other is the child of a Japanese national).

They have been living as a family in Japan ever since, but with the revelation of the truth and the death of her Japanese husband, things took a sudden turn. As the status of residence ‘Spouse or Child of Japanese National’ could no longer be renewed, the Filipino wife was first changed to the status of ‘Long-Term Resident’, a type of bereavement settlement, and her stepson was also granted ‘Long-Term Resident’ status. Although she made a big mistake at first, during the life of her Japanese husband, she became the foster parent of my stepson and the parent-child relationship was never a fake, and the fact that they lived together as a real father and son and the fact that the child was not attributable to them were evaluated as the reasons for the permission. Subsequently, a ‘Long-term resident’ three-year stay was also granted.

Case 7: Changing from ‘Dependent’ visa to ‘Long-Term Resident’ after graduating from high school in Japan

Application for permission to change status from ‘Dependent’ to ‘Long-Term Resident’.

Be a person who falls into any of the following categories.

1. Residing in the country with the status of “Dependent” (including those whose status of residence corresponds to that of family stay).
2. Must have been under 18 years of age at the time of entry into Japan.
3. Have completed compulsory education in Japan.
4. Have graduated or be expected to graduate from a senior high school or similar institution in Japan.
5. The place of employment must have been decided (including an offer of employment).
6. Fulfilment of official obligations, such as notification of the place of residence.

This applies to parents who entered Japan with a working visa status and their children who entered Japan with a ‘dependent’ visa status. The normal route is for the main worker, the mother or father, to apply for a permanent residence permit, and their children to apply for a permanent residence permit together with their family members. However, the requirements for applying for a permanent residence permit have become stricter, and in the case of parents who continue to work in less favourable conditions, the children naturally cannot apply for a permanent residence permit with their parents, as the parents cannot apply for a permanent residence permit in the first place. In time, the child’s age will increase and he or she may reach adulthood. This is not a problem if the child graduates from a university or vocational school and is able to change to a working visa qualification such as ‘Engineer / Specialist in humanities / International services’ on his/her own. However, there are many cases where a child is unable to continue on to higher education due to parents not focusing on the child’s education, financial difficulties or lack of Japanese language skills.

Until now, the increase in the number of foreign adults in this type of “Dependent”, who have nowhere else to go, has been seen as a serious problem.

The main point is that, unlike working visa residence status, the content of work (activities) is wider, and simple employment is also permitted. Of course, unlike the ‘dependent’ part time work permit (Shikakugai Katsudo), there is no limit of up to 28 hours per week. It is also possible to apply for a permit to work more than 28 hours per week while attending a university or vocational school.

If the above 3 does not apply to you and you have transferred from high school, you may be allowed to change your status of residence to that of ‘designated activity’.

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