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Can I obtain permission for permanent residence even though my 国民年金 contributions are fully exempted?

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

If you are receiving a full exemption from 国民年金 contributions through the proper procedure, this is distinguished from simple "non-payment" or "arrears". However, having a period of exemption does not in itself work in your favour. That you can maintain your living needs to be shown by other material, such as proof that you receive a pension from abroad.

What is this enquiry about?

An enquiry from someone who receives a disability pension from his home country and is fully exempted from 国民年金 contributions.

How far is the meeting of public obligations looked at?

Payment of taxes and of public pension and health insurance contributions is said to be the point screened most strictly at present.

Under the good conduct requirement (素行善良要件) and the requirement to be able to maintain a livelihood (生計維持要件), which are requirements for permission for permanent residence, the meeting of public obligations — paying taxes, and paying public pension and health insurance contributions — is said to be the point screened most strictly at present.

As a rule, where there is non-payment or arrears of 国民年金 contributions or 国民健康保険 (National Health Insurance) contributions, permission for permanent residence becomes very difficult.

Is a "full exemption" treated in the same way as non-payment or arrears?

No, it is not. An exemption obtained through the proper procedure is distinguished from non-payment and arrears.

The system of exemption from 国民年金 contributions is a system that defers payment of contributions for people in financially difficult circumstances. For a period where the application for exemption has properly been approved, the duty to pay is regarded as being in an "exempted" state, and not in a state of "having failed to pay (non-payment or arrears)".

What matters is the fact that, even while you were receiving the exemption, you were enrolled in the 国民年金 system and properly carried out the official procedure of applying for the exemption.

On the other hand, having a period of exemption is not something that works in your favour in screening. Receiving an exemption is not proof that you can maintain your living, so your ability to maintain your living needs to be shown by other material.

Is pension income from abroad accepted as showing that I can maintain my living?

There is room for it to be accepted, because stable pension income from outside Japan is also taken into account.

In screening for permanent residence, even where there is no salary income in Japan, if you have stable pension income or a disability pension from outside Japan, or assets, you are recognised as having "the ability to make an independent living".

The US disability pension that you receive is strong supporting material, as a source of income that will continue to be obtained stably in the future.

There is also a clear reasonable and objective reason for the exemption: you cannot work because of your injury and so have no income. It is thought that this is unlikely to be judged as "bad conduct" of the kind that involves deliberately avoiding paying taxes or joining the pension system.

What should I prepare for the application?

4 things: proof of the exemption period, proof that you receive the pension, a written explanation, and a tax payment certificate.

  1. Proof of the payment situation for 国民年金 contributions
    Obtain from the 年金事務所 (Japan Pension Service office) a certificate showing the periods of payment and of exemption, so that the period for which you received the exemption is clear, and submit it. This proves that you properly carried out the procedure of applying for the exemption.
  2. Proof that you receive the disability pension
    Submit a certificate of receipt of the US disability pension (Disability Benefit), showing the amount and how long it continues, with a Japanese translation attached. This shows that it is the source of income supporting your stable living in Japan.
  3. A detailed explanation in the written explanation
    Set out honestly and carefully how things came about: "why you are not working in Japan" and "why you are receiving the exemption from 国民年金 contributions". Explain the circumstances of your injury, how you came to receive the pension from the United States, and — with concrete amounts — that this pension allows the living of you and your wife and your 2 children to be maintained stably.
  4. Tax payment certificate
    For Japanese taxes (住民税 / resident tax, income tax and so on), you need to have filed and paid properly rather than being exempted. Even where you are not liable to tax, submit the certificate of tax payment status and the tax payment certificate for 住民税, and prove that you have met all your obligations under tax law.

What matters is to prove, without gaps and with objective documents, 3 things: economic stability (the pension), the meeting of public obligations (the application for exemption), and the ability to support your family.

Frequently Asked Questions

Is a full exemption from 国民年金 contributions treated as non-payment in screening for permanent residence?

No. A period where the application for exemption has properly been approved is a state in which the duty to pay is exempted, and it is distinguished from a state of non-payment or arrears where payment has been neglected. However, having a period of exemption does not in itself work in your favour, so your ability to maintain your living needs to be shown by other material.

Can I apply for permission for permanent residence even if I have no salary income in Japan?

Yes. If you have stable pension income or a disability pension from outside Japan, or assets, you are recognised as having "the ability to make an independent living".

How do I prove a pension from abroad?

Obtain a certificate of receipt (showing the amount and how long it continues) and submit it with a Japanese translation attached. Together with this, explain in the written explanation, with concrete amounts, that your family's living can be maintained stably on that pension.

Do I need a tax payment certificate even if I have no income and am not liable to tax?

Yes. Even where you are not liable to tax, submit the certificate of tax payment status and the tax payment certificate for 住民税, and prove that you have met all your obligations under tax law. For taxes, proper filing and payment is expected rather than exemption.

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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.