PERMANENT RESIDENCE AND NATURALIZATION

1. Permanent living in Japan

When a foreigner decides to reside in Japan until the end of his life, the two main options to consider to stabilize his legal situation are changing his status from residence to permanent resident and applying for naturalization. Both are the same in the sense that they allow permanent residence in Japan, but differ in several aspects.

2. Comparison between permanent residence and naturalization

(1) Change of nationality

A change of nationality means the loss of the original nationality. Japan does not recognize dual nationality, which means that if it naturalizes it, it loses its current nationality. This means that you will lose your current nationality passport and even when you temporarily return to your country of origin, you will need a visa. The application for permanent residence does not change the nationality, while the naturalization changes the nationality, which, although obvious, is the most significant difference. Nationality is an important part of a person's dignity and identity.

(2) Perception of social compensation by the State.

Almost all social compensations, including public assistance such as child benefits, single mother allowances, and Seikatsu Hogo, social insurance and pension coverage, are available to permanent residents in the same way as Japanese nationals. Therefore, there appear to be no significant differences between permanent residents and Japanese nationals in terms of the perception of social compensation.

(3) Purchase of housing and mortgages

In Japan, foreigners can own real estate, both land and buildings, without the restrictions for foreigners that exist in other countries. There are no restrictions for reasons of non-Japanese nationality when buying real estate. Real estate ownership does not expire and can be bought and sold, donated or inherited freely for everyone. There is no difference in taxes and other fees that must be paid for the purchase, ownership and sale of real estate compared to Japanese nationals.

Most financial companies also offer mortgages to permanent residents. Therefore, there would also be no significant differences between permanent residents and Japanese nationals in this regard.

(4) Right to vote

For national elections, only Japanese citizens can vote in national elections.

For local elections, although some municipalities allow foreigners who are residents of that municipality to vote, in many municipalities they do not allow it.

(5) Employment in the civil service

To be a national civil servant, Japanese nationality is required. As for local officials, some require Japanese nationality, while others are open to foreigners.

(6) Revocation

There is the possibility of revoking permanent residence, while naturalization is not revoked. The revocation of permanent residence is carried out, for example, in cases of serious crimes.

(7) National organisation responsible for the procedure

The national bodies that process the application for permanent residence and the naturalization process are different. The application for permanent residence is processed by the Immigration Office (入管Nyukan), as is the normal change of status, while the application for naturalization is processed by the Office of Legal Affairs (法務局Homukyoku).

3. Requirements for permanent residence and naturalization

(1) Requirements for permanent residence

I. Be of good behavior.

Ii. Be able to make a living.

Iii. You must have a permanent address in Japan for at least 10 years.

Iv. Not having been fined or imprisoned.

V. Compliance with official obligations, such as tax obligations.

I saw. Have remained in Japan for the longest period of stay by virtue of their current residence status.

Vii. Do not have a danger to public health.

These are the basic requirements, but there are several special exceptions depending on the circumstances. For example, if your spouse is Japanese or a permanent resident, you can obtain permanent residence after 3 years of residence in Japan, and if the parent is Japanese or permanent resident, you can obtain permanent residence after 1 year of residence in Japan. If you reside in Japan as a highly specialized professional, you can apply for permanent residence after 1 or 3 years of stay in Japan.

(2) Requirements for naturalization

I. You must have a permanent address in Japan for at least 5 years.

Ii. Be 18 years of age or older and able to perform legal acts in accordance with the laws of their country of origin.

Iii. Be of good behavior.

Iv. Be able to make a living.

V. Not having nationality or losing it by acquiring Japanese nationality.

I saw. Compliance with the Constitution.

These are the basic requirements, but there are several special exceptions depending on the circumstances. For example, the requirements are relaxed if the spouse is Japanese or the parent is Japanese. If the parent is Japanese, even minors can become natural.

4. Duration for review

The immigration website indicates that the review period for permanent residence is approximately 4 months, but in practice it can take up to 6 months at the earliest, and more than 1 year in longer cases.

The naturalization review usually lasts more than 1 year in a normal case.

5. Number of applications and permits

(1) Permanent residence

Each year about 55,000 applications are received, of which 30,000 are granted, so the probability of obtaining a permit is around 55%.

(2) Naturalization

Every year about 10,000 applications are received, of which 9,000 are granted, so the probability of obtaining a permit is around 90%.

However, before applying for naturalization, the applicant must make a prior consultation with the Office of Legal Affairs that will carry out the review. Therefore, people with little chance of approval are often asked to waive the application at the time of that consultation. Therefore, the probability of approval after the application is so high.

6. The most important factor

I have explained a comparison between permanent residence and naturalization for the person who decides to live in Japan until he dies. I think that the advantages and disadvantages of each of them vary from one person to another. I think the most important thing for everyone is whether they feel the feeling of their own identity of leaving the nationality of the country of origin and becoming Japanese nationality or not.