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20 years in Japan, but with a period back home: what happens to the continuous residence requirement?

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

A stay abroad of about 9 months is, in principle, likely to be judged as breaking continuous residence. If so, the period from your return to Japan is counted afresh as the continuous residence period.

What is this enquiry about?

An enquiry from a person who has been in Japan a long time, but who went home for a while after losing their job.

What is the continuous residence requirement for an application for naturalisation?

It is the requirement to have lived in Japan for at least 5 years without a break.

One of the general requirements for an application for naturalisation is the continuous residence requirement: you must have had an address in Japan for at least 5 years without a break. The words "without a break" matter. In principle, if you leave Japan and stay abroad for a long time, this continuity may be judged to have been broken.

Does going home for about 9 months break continuous residence?

A stay abroad of roughly 3 months or more tends to be treated as breaking continuity.

A stay abroad of about 9 months is, in principle, likely to be judged as breaking continuous residence. In practice, a stay abroad of roughly 3 months or more tends to be treated as breaking continuity. This is because the base of your life in Japan is judged to have been lost for a time while you were abroad.

So in this case, the period from your return to Japan is counted afresh as the continuous residence period. In other words, once 5 years have passed since you came back to Japan, you meet this requirement.

What should I do from here?

It is important to show a stable record of life since you came back to Japan, and your intention to settle here.

A stay abroad of about 9 months is, in principle, likely to be judged as breaking continuous residence. But a record of living steadily for 5 years or more since you came back to Japan is a favourable factor when seeking permission for naturalisation. What matters is showing convincingly that your life in Japan is stable, and that you have a strong intention to settle here. If you are worried, it is recommended to talk to a specialist (a certified administrative procedures legal specialist, or gyoseishoshi).

Frequently Asked Questions

How long does a stay abroad have to be before continuous residence is treated as broken?

In practice, a stay abroad of roughly 3 months or more tends to be treated as breaking continuity.

If continuous residence is broken, how is the residence period counted?

The period from your return to Japan is counted afresh as the continuous residence period.

Even with a break, is there anything that helps an application for naturalisation?

A record of living steadily since you came back to Japan, and showing a strong intention to settle in Japan, can be favourable factors.

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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.