09/08/2026
Sunday Post on August 9th, 2026
I guess everybody is upset hearing the everyday news about PR application. The media release the various new requirements for PR but they don’t explain in details about the resource. Today, I will explain about new requirements by showing the official resource from Immigration.
Generally, when the Japanese government is going to set the new rules or laws, they solicit public comment showing the draft. It is the general procedure and for most cases, no matter how the public comments are, the draft is likely to become operative as it is.
And the below is the site of public comments for the new guideline of PR application.
永住許可に関するガイドライン改定案に係る意見募集について｜e-Govパブリック・コメント
Sorry, it is only in Japanese. The second PDF is a draft of the whole new PR guideline and the third PDF is its overview. Sorry again, they are only in Japanese. But we made an English translation for the third PDF. Please see the attached picture. Please note that our translation is just a reference for you and not the official document.
For the whole draft of PDF 2, we cannot make its translation but I will pick up some important phrases and explain one by one on today’s post. Excuse me but today’s post will be longer than usual
General remarks
Positioning of the status of Permanent Residency
In this paragraph, the important phrases are:
The Minister of Justice shall determine whether to grant or deny the PR applications based on the discretionary authority granted under the Immigration Act.
The scope of that discretion is extremely broad.
“Discretion” is a big and scary word. It means they can operate the guideline as they like.
The purpose of this guideline
Decisions to deny permanent residence permits are made after comprehensively considering all relevant circumstances in each individual case; these guidelines merely set forth the basic principles regarding the factors to be considered during the review process.
So, this guideline is basic principles.
Approach to permit requirements
According to the Immigration Act 22-2, the basic requirements are:
(i) The foreign national’s behavior and conduct must be good.
(ii) The foreign national must have sufficient assets or skills to make an independent living
(iii) His/her permanent residence will be in accordance with interests of Japan
I suppose you mut be interested in details of (ii) above. I will pick up some important phrases about (ii).
Applicants must be deemed capable of supporting themselves both now and in the future, and must have financial circumstances at least equivalent to those of Japanese nationals
As a general rule, applications are reviewed on a household basis for those living in the
same household.
One factor to be considered is whether, at the time of application, the applicant’s household income has consistently exceeded the average income of Japanese households for a household of the same size.
The income of the following visa status would not be included as a household income.
Dependent, trainee, Employment for skill development, SSWV1, intra-transferee, some of designated activity visa*
*Working holiday visa, internship visa and designated activity visa for Japanese high school graduate and etc.
Relatives supported by the applicant include those living abroad as well as those who do
not live with the applicant. This one is same as now.
About Pension:
One factor to consider is whether the projected benefit amount has been reached, assuming the individual worked for 30 years at an income level exceeding the average annual income of Japanese households and was enrolled in the Employees' Pension Insurance（social insurance, shakaihoken）during that period.
Even if the projected benefit amount does not reach the required level, the projected benefit amount shall be deemed to have reached the required level if it is determined at the time of applicant possesses financial assets sufficient to cover the short fall.
about (iii) above:
The applicant must benefit Japan actively and specifically, not just harm the Japan’s
national interest.
Generally, the Immigration Bureau reviews an applicant’s various aspects of their residential situations by evaluating them as positive or negative factors; if the positive factors outweigh the negative ones, permanent residence is granted.
They indicate examples of positive factors and negative factors.
Among them, noteworthy factor is:
If within the 10 years prior to the date of application, the applicant has been absent for a period of six months or more on a single trip abroad without a reasonable cause, or if he/she has been absent for a cumulative total of two years and six months or more, a negative evaluation will be made.
Consider Japanese language proficiency as a factor.
The applicant should have Japanese proficiency level above B1*
*I need to explain about this evaluation system separately but it is like JLPT N3 level.
** If you apply PR with HSP points, you are not required Japanese proficiency. And if the applicant is a child of PR visa holder, his parent should hold B1 level Japanese proficiency.
What I am wondering is some factors are mentioned clearly as a positive factor/negative factor but some are mentioned just as a factor to consider. What is the difference between them? For example, Japanese language proficiency is a factor to consider while the long absence from Japan is a negative factor. And I am surprised that holding a specific residence card (Tokutei Zairyu Card)that is united to my number card is also a factor to consider same as a Japanese proficiency.
Exceptions for 10 year stay
Spouse of Japanese or PR needs more than 5 year marriage and 3 year stay in Japan instead the current rule is 3 year marriage and 1 year stay.
Child of Japanese needs 3 year stay instead the current rule is 1 year stay.
Long term visa holder needs to stay more than 5 years. It is same as the current rule.
And for HSP point holders, the rule will not change. Over 80 points, 1 year stay and over 70 points, 3 year stay.
Special treatment for someone who contributed Japan
I have never met someone who is applied to this treatment. It is kind of very special and let’s skip
Treatment for Designated activity visa related 10 year stay
Designated activity visa is for various activities so, whether the stay with designated activity visa is counted into the 10 year stay or not is up to each activity. For example, if you stayed with designated activity as a refugee applicant, the period of stay is not included 10 year stay.
And there is one mention that draws my attention is:
Designated activity visa for job hunting is also one of the examples that are not counted to 10 year stay. My concern is it is just out of counting into 10 year stay or if you stayed with job hunting visa, you are not considered staying continuously after coming to Japan with student visa. It is very questionable. I need to figure it out in the near future.
When this guide line is applicable
Since this paragraph is very important and all of you are interested in, I will translate the whole paragraph. It is very difficult to read and honestly speaking, I had misread it till yesterday.
The revisions to these guidelines will apply to applications submitted on or after April 1, Reiwa 9(2027). However, sections 2-4(2) and 2-5(7) above will also apply to applications submitted on or after the date six months prior to the effective date of these revisions, as well as to cases that are pending as of the effective date.
Sections 2-4(2) is about income and sections 2-5(7) is for also financial factor for spouse visa family hold. And the effective date of this guide line is October 1st 2026.
So, unfortunately, if you submitted PR application after April 2026, Immigration would inspect your cases considering the new income requirements. But how they consider has not decided yet. Whole 5 years? Or not? Nobody knows yet. As I mentioned in the very beginning, it is all up to their discretion.
Remark:
There is a remark in the guideline about who can apply PR, too. I mean how long visa period you need to apply PR. The new guideline states you need the longest period which is 5 year visa period for applying PR but there are some exceptions:
By March 31st 2027, you can apply with 3 year visa.
Moreover if you hold 3 year visa after March 31st 2027 and apply PR after April 1st 2027 for the first time and receive the result before 3 year visa expires, it would be applicable.
Thank you for reading till the end. This new guide line will set on October 1st. I think even Immigration has not decided how they apply this new guide line to each case yet. We, Immigration lawyers need to build the experiences and gather information in a few years in order to introduce their actual operations. What a tough task it is.
That’s it for today.
Happy Sunday to all. No wars! No violence!
