日本語 English Tiếng Việt 中文 Português Indonesia
HomeArticles & GuidesPermanent residence

Why are applications for permanent residence denied, and what should I do when applying again?

Foreigners Employment Support Organization (FESO) / Published  / Last updated

This article is a translation of the Japanese original. Where the two differ, the Japanese version prevails. Read the Japanese original(日本語版を読む)

Answer

When you receive a notice of denial, first make sure to read the document that states the reason for the denial. If the reason is abstract and you cannot understand it, you can also ask the 地方出入国在留管理局 (Regional Immigration Services Bureau) directly. If you resolve the reason for the denial and put together material that supports this, there is a real possibility in applying again.

What is this enquiry about?

A guide for people whose application for permanent residence was denied, covering how to analyse the reason and how to apply again.

What are the main reasons an application for permanent residence is denied?

They fall broadly into 5: years of residence, conduct, being able to make a living, conformity with the interests of Japan, and problems with the documents.

1. Not enough years of continuous residence

An application for permanent residence requires, as a rule, that you have resided in Japan continuously for at least 10 years. Even where you have at least 10 years of residence, if you have spent a long period outside Japan in the meantime, it may be judged that the continuity was broken.

Time spent on 在留資格「留学」 (Student) does count towards this period of, as a rule, 10 years. However, within it you must have resided continuously for at least 5 years under a work status of residence (excluding 技能実習 and 特定技能1号) or a residence-based status, and time spent on 「留学」 does not count towards those 5 years. The idea that "time spent as a student does not count towards the years of continuous residence" is wrong, so please take care not to subtract your time as a student and end up thinking you can apply later than is actually the case.

2. Poor conduct

You are expected to obey Japanese law and to behave properly as a member of society. Cases such as the following may be judged as poor conduct and become a reason for denial.

3. Problems with the requirement to be able to make an independent living

You are expected to have a stable income and to be able to live independently in Japan. Your ability to make an independent living may be doubted where your income is unstable, where you are receiving public assistance, where you are supported by someone else and that person's income is unstable, or where you do not have sufficient savings.

4. Not being in the interests of Japan

There are cases where the applicant's situation is judged not to fit with the interests of Japan, for example where you have done something likely to harm public order or good morals in Japan, or where you submitted false application documents.

5. Missing documents, or errors in what is written

It is also a reason for denial where the required documents are not all there, where the translation of a document in a foreign language is inaccurate, or where something is missing or wrong in the application form or the attached documents.

What should I check when I receive a notice of denial?

Make sure to read the document that states the reason for the denial.

If you receive a notice of denial from the 地方出入国在留管理局, first make sure to read the document that states the reason for the denial. In some cases the reason is stated in concrete terms; in others it is put in abstract terms, such as "as a result of an overall judgment".

If the reason is unclear, consider asking the 地方出入国在留管理局 directly. You may need to book an appointment, so please check in advance.

What should I do before applying again?

Analyse the reason, resolve it, and then put your evidence together again.

  1. Analyse the reason for the denial thoroughly
    Understand in depth the reason stated in the notice of denial. If the reason is unclear, it is also useful to ask the 地方出入国在留管理局, or to consult a specialist such as a gyoseishoshi.
  2. Resolve or improve the reason for the denial
    If it is not enough years of continuous residence, wait until you meet the required period. If it is poor conduct, follow the law strictly, and if you have unpaid taxes or social insurance contributions, pay them promptly. If it is a problem with the requirement to be able to make an independent living, take steps such as securing a stable income or building up your savings. If it is a problem with the documents, prepare them again accurately.
  3. Review your evidence and add to it
    Prepare enough evidence to show that the reason for the denial has been resolved. Get ready again documents that prove you are properly paying your taxes and social insurance contributions, documents that prove a stable income, and so on.
  4. Redo the application documents and check them
    Correct the points that were wrong in the previous application, and prepare application documents that state accurate information. Before you submit them, check again and again that nothing is missing or wrong.
  5. Consult a specialist
    If it is hard to judge on your own, or if the procedure for applying again worries you, please consult a gyoseishoshi registered to submit applications who knows residence procedures well.

Applying again for permanent residence can take time and effort, but if you analyse the reason for the denial carefully and take the right steps, there is a real possibility in applying again.

Frequently Asked Questions

Will they tell me why my application for permanent residence was denied?

The notice of denial states the reason. If it is put in abstract terms, such as "as a result of an overall judgment", consider asking the 地方出入国在留管理局 directly. You may need to book an appointment.

Once I have been denied, can I never get permanent residence?

That is not so. If you analyse the reason for the denial, resolve it, and put together evidence that supports this, there is a real possibility in applying again.

If I have been in Japan for at least 10 years, does that meet the requirement for years of continuous residence?

Even where you have at least 10 years of residence, if you have spent a long period outside Japan in the meantime, it may be judged that the continuity was broken. Note also that time spent on 「留学」 does count towards the period of, as a rule, 10 years, but within it you must have resided continuously for at least 5 years under a work status of residence (excluding 技能実習 and 特定技能1号) or a residence-based status, and time spent on 「留学」 does not count towards those 5 years.

Are unpaid taxes or social insurance contributions a reason for denial?

Yes. Unpaid national or local taxes, 国民健康保険 contributions, 国民年金 contributions and the like are one of the reasons for being judged to be of poor conduct. If you have anything unpaid, please pay it promptly.

Related Articles

Free consultation

Tell us your situation and we will answer it directly. Available in Japanese and English.

Get a free consultation

This article provides general information. Immigration rules change, and outcomes depend on individual circumstances. Please check the Immigration Services Agency website or consult a qualified specialist.
This page is a translation of the Japanese original. Where the two differ, the Japanese version prevails.