Can we apply for permanent residence if we are both students with no income?
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.
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Answer
Even if you are both students with no income, you can make an application for permanent residence. However, the requirement to be able to make an independent living looks at your ability to support yourself, and support from relatives is treated only as something that backs this up. The key is how convincingly you can prove your savings and assets.
What is this enquiry about?
An enquiry about the requirement to be able to make a living, from a couple who are both students with no income.
Subject: 永住者 (Permanent Resident)
Application type: permission for permanent residence
Situation: Brazilian national, male, 28 years old. He has been married to his Japanese spouse (27 years old) for 3 years and is in his 4th year on the status of residence 「日本人の配偶者等」 (Spouse or Child of Japanese National). He is doing research at a graduate school in Japan and his spouse is studying at a university in Japan, so neither of them is working at present. Their living costs and tuition are covered by support from their respective parents.
Question: Is an application for permanent residence possible where both of us are students with no income and we live on support from our parents? How can we prove that our living is stable?
What does the "stable living" requirement for permanent residence mean?
It looks at your ability to "support yourself", that is, to run your life without help from those around you.
One of the requirements for permanent residence is "having sufficient assets or skills to make an independent living". This examines whether the applicant and their family have the financial means to go on living stably, and whether they can live without relying on the state or a local government.
Under the Guidelines on Permission for Permanent Residence, this requirement to be able to make an independent living is stated as "not becoming a burden on the public in daily life, and being expected to lead a stable life in the future in view of the assets or skills the person has". For this reason, "supporting yourself" — that is, being able to run your life without help from your parents or others around you — is what is expected of a permanent resident.
Can I apply even without an income?
You can make an application. The key is how much you can show in the way of assets.
Even if you are both students with no income, you can make an application for permanent residence. In that case, the key to permission is elements other than annual income — in particular, how convincingly you can prove assets such as "savings" and "real estate". Whether permission is granted depends on screening that takes each person's circumstances into account, so here we limit ourselves to explaining what the requirements involve.
Savings: You prove that, taking the 2 of you together, you have savings sufficient to lead a stable life in the future. A figure that takes into account the living costs of 2 people is expected, rather than the figure for a single person. Submitting a certificate of bank balance lets you show clearly that your financial base is stable
Real estate: You prove the asset with a certified copy of the property register. If it is a property that produces income, you will also submit the lease contract, a copy of the bankbook showing the payments received, your final tax return, an income tax payment certificate and so on
Support from relatives: You submit bank remittance records showing that money is sent regularly each month, and a written undertaking about the remittances. You also submit proof of income and tax payment certificates for the parents who support you, to show that they have sufficient financial means
However, given the way the requirement to be able to make an independent living is understood, as set out above, please bear in mind that support from relatives largely serves only to back this up.
How should I show my plans for the future?
Show your path after graduating and your expected income as a concrete plan.
Your path after graduating: Being students is not in itself a negative point, because you are seen as likely to graduate in due course, find work and obtain a stable income
How your job hunting is going: Submitting a concrete plan for job hunting after graduation, or a letter of informal job offer (if you have one), lets you show that your living will be stable in the future
Career plan: It is also useful to explain a concrete career plan — the field you will work in after graduating and the income you expect
Stability of the marriage: In screening for permanent residence, it is taken as a basic premise that the marriage is genuine and stable. Showing that you are both students supporting each other and working towards the future lets you convey that your relationship is a good one
What should I prepare for the application?
3 things: the written explanation, documents proving your finances, and proof that your residence record is clean.
Writing a detailed written explanation Explain clearly why you want to apply for permanent residence during the period when you are students. To dispel concerns about having no income, describe in detail that your living is stable thanks to savings and support from your parents, and set out your concrete career plan after graduating. Explain carefully your strong intention to settle in Japan, and your resolve to meet your tax obligations and contribute to Japanese society in the future.
A full set of documents proving your finances Submit, without omission, the documents that support your financial base: a certificate of bank balance (covering both of you), proof of remittances from your parents, and proof of your parents' income (such as tax payment certificates).
Proof that your residence record is clean Prove that during your period of stay neither of you has any traffic violations or criminal record, and that you are working hard at your studies (with academic transcripts, documents showing attendance and so on). In an application for permanent residence, how you have met your public obligations over the past 5 years is checked, so put together a complete set of documents proving that you are enrolled in 国民健康保険 (National Health Insurance) and 国民年金 (National Pension) and are paying the contributions without arrears.
Would it be better to wait until after graduating to apply?
Building up a work record first and applying later is a possible step-by-step plan.
Applications for permanent residence in cases with no income tend to be screened more strictly than ordinary applications. What matters is how convincingly you can show, in writing, that you have acquired specialist skills that will let you live stably in the future, and that you have a high earning capacity that is likely to be realised.
Alternatively, there is the approach of graduating, finding work, building up a work record of at least 1 year, and then applying. In some cases it is necessary to make a step-by-step plan towards permission, so please consider what suits your own situation.
Frequently Asked Questions
Can we apply for permanent residence even though neither of us has an income?
You can make an application. However, the requirement to be able to make an independent living looks at your ability to support yourself, so the key to permission is how convincingly you can prove assets such as savings and real estate.
Does money sent by my parents count as proof that I can make a living?
You can submit remittance records, a written undertaking, proof of income for the person supporting you and so on, but support from relatives largely serves only to back this up. The requirement to be able to make an independent living asks for the ability to run your life without help from those around you.
Is being a student in itself a negative?
No. This is because you are seen as likely to graduate in due course, find work and obtain a stable income. It is useful to show your plan for job hunting after graduating, a letter of informal job offer, and a concrete career plan.
Would it be better to find work first and then apply?
There is the approach of graduating, finding work, building up a work record of at least 1 year, and then applying. Cases with no income tend to be screened more strictly, so in some cases it is necessary to make a step-by-step plan.
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.
