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Can a 永住者 have their status of residence revoked?

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

Yes. Permanent residence is not a "right" but a "permission", so in certain cases the status of residence can be revoked. The main examples are obtaining permission for permanent residence by improper means and leaving Japan for a long period without a 再入国許可.

What is this enquiry about?

This is for people who have obtained permanent residence and want to know how stable that position really is.

Is permanent residence a "right" or a "permission"?

It is a "permission". For that reason it may be revoked under certain conditions.

The status of residence 「永住者」 (Permanent Resident) is a very stable position compared with other statuses of residence — for example, you do not need to extend your period of stay. But you should not let the word "permanent" make you completely relaxed.

Permanent residence is a permission, not a right, and Japanese law sets out cases in which the status of residence can be revoked even for a 永住者. This is because you are expected to meet certain obligations and follow certain rules as a member of Japanese society.

What happens if permission for permanent residence was obtained by improper means?

It is subject to revocation. This is treated as a serious breach that goes to the very basis of the permission.

If it comes to light that permission for permanent residence was obtained by improper means — for example by making a false statement in the application, or by submitting forged documents — the status of residence is revoked.

Making false entries when applying for a 再入国許可 (Re-entry Permit) or for 在留期間更新許可申請 (Application for Extension of Period of Stay) — for instance where you reached permanent residence through other statuses of residence — may also lead to revocation of the status of residence.

What happens if I commit a serious breach of the law?

You may no longer be able to continue living in Japan. A 永住者 also has to follow Japanese law.

Even a 永住者 may become unable to continue living in Japan if they break Japanese law. The following are particularly serious.

What happens if I leave Japan without a 再入国許可?

If you leave without a valid 再入国許可 and the set period passes, the status of residence of a 永住者 is lost. An ordinary 再入国許可 lasts up to 5 years, and a みなし再入国許可 lasts within 1 year.

As a rule, a 永住者 who leaves Japan needs to have a 再入国許可 that is still valid. If you stay outside Japan beyond the set period without a valid 再入国許可, the status of residence of a 永住者 is lost.

This is because the premise behind permanent residence — that your base of living is in Japan — is regarded as having been lost. If you expect to stay abroad for more than 1 year, please always obtain a 再入国許可 before you leave, and re-enter within its period of validity.

What happens if the status of residence is revoked?

You lose the qualification to stay in Japan lawfully, and you then need either to obtain a new status of residence or to leave.

What should I keep in mind in order to keep my permanent residence?

5 points to keep to day to day: following the law, paying tax, paying social insurance contributions, handling re-entry procedures properly, and being aware of your responsibility as a member of society.

Frequently Asked Questions

Once I obtain permission for permanent residence, is that position guaranteed forever?

It is not guaranteed forever. Permanent residence is a permission, not a right. In certain cases the status of residence may be revoked — for example where permission was obtained by improper means, where there has been a serious breach of the law, or where you have stayed abroad for a long period without a valid 再入国許可.

What happens if it comes to light later that I made a false statement when I applied?

The status of residence is revoked. Making a false statement or submitting forged documents is treated as a serious breach that goes to the very basis of the permission for permanent residence.

If my status of residence is revoked, do I have to leave Japan immediately?

You will have to obtain a new status of residence or leave the country. Depending on the reason for revocation, deportation procedures may be taken forward, and in that case you will be refused entry to Japan for a certain period.

What should a 永住者 be careful about when staying abroad for a long time?

If you left using a みなし再入国許可, you need to re-enter within 1 year from the day you left (2 years for a 特別永住者). If you expect to be away longer than that, please obtain a 再入国許可 before you leave. It is valid for up to 5 years, within the range of your period of stay (6 years for a 特別永住者).

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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.