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Should the child apply for permanent residence first, or is it better for all 3 of us to apply together?

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

In this case, the child cannot apply for permanent residence first. Permanent residence as a rule requires continuous residence of at least 10 years, and a child who was born only recently cannot meet this on their own. The realistic approach is for all 3 family members to apply at the same time, once the couple meet the requirements.

What is this enquiry about?

An enquiry from a couple in their 3rd year in Tokyo, about an application for permanent residence for the family including their child.

Is permanent residence screened family by family?

As a rule each applicant is screened individually, but where you support dependants, the situation of the household as a whole also has an effect.

An application for permanent residence as a rule screens whether the applicant personally meets the requirements. However, where you support family members as dependants, the situation of the household as a whole, including those family members, has an effect on screening.

Where you have a child, obtaining permanent residence has the large benefit of securing a stable life and a stable educational environment for your child in Japan.

Can the child apply first?

Not in this case, because the child cannot meet the residence-period requirement on their own.

As a basic requirement for permanent residence, continuous residence in Japan for at least 10 years is required as a rule. This applies to children too, so a child who has only just been born in Japan cannot meet this requirement on their own at present.

As an exception, in the case of a "child of a Japanese national, a 永住者 (Permanent Resident) or a 特別永住者 (Special Permanent Resident)", some of the requirements are relaxed, for example to living continuously in Japan for at least 1 year. However, this special treatment applies where either the father or the mother is already a 永住者, or is a Japanese national. The enquirer and her husband are not yet 永住者, so in this case it would be difficult for the child alone to apply first and obtain permanent residence.

Is it better for all 3 of us to apply together?

It lets you show stability as a household, but each of you as a couple still has to meet the requirements.

Points in favour

Points to consider carefully

In screening for permanent residence, what matters as a rule is whether each applicant individually meets the requirements. Not only the enquirer herself but also her husband needs to satisfy the requirements, such as the period of residence, stable income, tax payment status, enrolment in social insurance, and whether there have been any traffic violations.

Both husband and wife have 3 years of residence under 在留資格「技術・人文知識・国際業務」, but the general requirement for an application for permanent residence is continuous residence in Japan for at least 10 years (including at least 5 years of work under a work-related status of residence). At present, neither of them meets this requirement.

What should we do until we meet the requirements?

Build up the period of residence, while carrying out your public duties and keeping your income stable.

  1. Meet the residence-period requirement
    Each of you should aim, as a rule, to reside in Japan for at least 10 years, and to have resided for at least 5 years under a work-related status of residence such as 在留資格「技術・人文知識・国際業務」.
  2. Check the requirements for each of you
    Are you paying income tax, resident tax, consumption tax and so on by their due dates? Are you paying health insurance and pension contributions without any gaps? Traffic violations, even minor ones, affect screening if there are many of them. Is your income stable, and does the household have sufficient means to support itself? Where you have a child, the number of dependants increases, so more stable income is looked for.
  3. Start gathering information and preparing
    As the 10 years of residence come closer, start gathering the documents you will need and the latest information.

Several years from now, once the couple fully meet the requirements, applying at the same time as a family of 3 including the child is the smoothest approach. At that point it becomes more likely that the child will be treated as a "child of a 永住者" and that the special treatment relating to the general 10-year residence rule will apply, and you will also be able to show that the family as a whole has a stable base for living.

Frequently Asked Questions

Can a newborn child apply for permanent residence first, on their own?

Not where neither parent is yet a 永住者 or a Japanese national. Permanent residence as a rule requires continuous residence of at least 10 years, and a child cannot meet this on their own either.

What is the residence-period requirement for permanent residence?

Continuous residence in Japan for at least 10 years as a rule, including at least 5 years of work under a work-related status of residence.

If we apply as a family, will we be granted permission even if one of us falls short of a requirement?

No. Screening for permanent residence as a rule looks at whether each applicant individually meets the requirements, so each of you as a couple needs to satisfy them.

Do even minor traffic violations affect screening for permanent residence?

They can. Even where the violations are minor, if there are many of them, your attitude towards complying with the law is looked at during screening, so care is needed.

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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.