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What should I do if I want to give up my 永住者 status?

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

入管法 (the Immigration Control and Refugee Recognition Act) does not set out any procedure for "cancelling" the 在留資格「永住者」 (Permanent Resident). In practice, the most common and most certain way is simply not returning to Japan within the validity period of your 再入国許可 (Re-entry Permit), including a みなし再入国許可 (Special Re-entry Permit). Once you give it up, coming back to Japan means starting a visa application again from the beginning.

What is this enquiry about?

This guide is for people who no longer need to keep their 永住ビザ because they are going home or moving abroad.

Is there a procedure to "cancel" my 永住ビザ?

There is not. But there are several situations in which you effectively lose 永住者 status.

Japanese 入管法 does not set out any direct procedure called "cancelling your 永住ビザ". However, there are several situations in which you effectively lose 永住者 status, as follows.

  1. Giving up 永住者 status for your own reasons
  2. Losing it because you do not return to Japan within the validity period of a 再入国許可 (including a みなし再入国許可)
  3. Not renewing the validity period of your 在留カード
  4. Losing it through 退去強制 (deportation) or through revocation of your status of residence
  5. Naturalising as a Japanese national

Can I give it up myself?

There is no express procedure for this, so it is handled case by case.

There is no procedure laid down for "giving up 永住者 status". In practice, one idea would be a 在留資格変更許可申請 (Application for Change of Status of Residence) from 永住者 to another status. However, changing from 永住者 to another status of residence is not something the system anticipates, so it is handled case by case.

You can tell the 出入国在留管理庁 (Immigration Services Agency of Japan) that you wish to give up your position as a 永住者. But this is a very rare case. Usually, the way described next — leaving Japan without a 再入国許可, or not returning to Japan within its validity period — is what effectively gives up the status.

What happens if the deadline on my 再入国許可 passes?

If you do not return to Japan within the validity period, 永住者 status lapses automatically.

Even as a 永住者, once you leave Japan you need a 再入国許可 (or a みなし再入国許可) as a rule.

If you do not return to Japan within that validity period, 永住者 status lapses automatically. Even if you try to come back to Japan after the period has passed, you have already lost 永住者 status, so as a rule you cannot re-enter. You would have to apply for a visa for Japan again from the start.

Can I simply not renew my 在留カード?

Renewal is a duty, and deliberately leaving it is not something we would recommend.

Even for a 永住者, the 在留カード has a validity period, and as a rule you have a duty to renew it every 7 years (if you are under 16 years old, until the day you turn 16 years old).

Renewing the validity period of the 在留カード is a duty. If you fail to do so, there is a risk that you become subject to a penalty, or that it becomes difficult to re-enter Japan in future. This is not acting by the rules as they are meant to work, so deliberately using this method to let your 永住ビザ lose its effect is not recommended.

Can I lose 永住者 status against my will?

You can lose it through 退去強制 (deportation) or through revocation of your status of residence.

永住者 is a very stable position, but that does not mean it can never be taken away. These cases leave a deep mark on your record, and may have a serious effect on entering Japan in future and on visa applications for other countries as well.

What happens if I naturalise?

You must return your 在留カード within 14 days.

At the same time as you acquire Japanese nationality, you give up your current nationality. In other words you are no longer a foreign national, so you can no longer hold a status of residence.

Within 14 days from the date of naturalisation, you must return your 在留カード (Residence Card) or 特別永住者証明書 (Special Permanent Resident Certificate) to the Minister of Justice (出入国管理及び難民認定法19条の15; 日本国との平和条約に基づき日本の国籍を離脱した者等の出入国管理に関する特例法16条).

You return it either by taking it in person to the 地方出入国在留管理局, its branch office or a district office that covers your place of residence, together with a copy of your 帰化者の身分証明書 (certificate of identity of a naturalised person), or by posting it to that office with a copy of the same certificate enclosed.

If you do not return it within the time limit, you may be fined.

What happens after I give up my 永住ビザ?

The standing you built up in Japan does not carry over, and coming back means a visa application from the start.

Managing the deadline on your 再入国許可 is especially important. Please avoid making a quick judgment on your own, and consult a specialist about your own situation.

Frequently Asked Questions

If a 永住者 leaves Japan, how long can they stay away and still come back?

If you return within 1 year of leaving, you can come back under a みなし再入国許可 without any special procedure. If you will be away for more than 1 year, you need to obtain a 再入国許可 in advance at a 地方出入国在留管理局, and a 永住者 can obtain a permit valid for up to 5 years from the day of departure.

If I come back after the deadline on my 再入国許可 has passed, can I return to being a 永住者?

No. If you do not return to Japan within the validity period, 永住者 status lapses automatically, and as a rule you cannot re-enter. You would have to apply for a visa for Japan again from the start.

Does a 永住者 also have to renew their 在留カード?

Yes. As a rule you have a duty to renew it every 7 years (if you are under 16 years old, until the day you turn 16 years old). If you fail to do so, there is a risk that you become subject to a penalty, or that it becomes difficult to re-enter Japan in future.

What should I do with my 在留カード if I naturalise?

You must return it to the Minister of Justice within 14 days from the date of naturalisation. You either take it to the 地方出入国在留管理局, its branch office or a district office that covers your place of residence, together with a copy of your 帰化者の身分証明書, or post it with a copy of that certificate enclosed.

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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.