What is the status of residence "resident" (resident visa)?
Status of residence"Settler” is a visa granted to foreign nationals who do not apply to other visas but are recognized to have special circumstances that allow them to stay in Japan.
A "resident" is a visa that does not apply to other visas, so to speak, a visa that is positioned like "other".
So who can get a "resident" visa?
*For information on the application process and types of “Long Term Resident” visa, documents to be submitted, etc."Long-term resident visa"Please refer to the page.
Those whose residence status is “Long Term Resident”
In practical terms, "long-term resident" visas can be divided into the following two types:
- ① Residence within notification
- Foreign nationals who fit into a certain category defined in advance by the Minister of Justice as "long-term residents"
- ② Non-notified residence
- Foreign nationals who do not fall under any other status of residence or domiciliation within the notification, but who are deemed to have special circumstances that allow them to reside in Japan based on individual circumstances.
reference:Immigration Control Act Article 7, Paragraph 1, Item 2
However, in case ①, you can apply for a Certificate of Eligibility (generally, a foreigner residing overseas at the time of application applies for a visa), but in case ② forAs a general rule, it is not possible to apply for a Certificate of Eligibility, but it is necessary to apply for permission to change the status of residence..
In other words, in case ②, it is common to apply for permission to change the status of residence while you are in Japan on a short-term visitor visa or while you have a visa for "spouse of Japanese national, etc." It's a target.
What kind of settlement is there in the notification?
- ① Among Myanmar refugees temporarily receiving asylum in Thailand who are recognized by the Office of the United Nations High Commissioner for Refugees as being in need of international protection and recommended to Japan for such protection, Persons who fall under A. or B. below (so-called “refugee resettlement”)
- stomach.A person who has the ability to adapt to Japanese society and is expected to find a job that will earn him a living, and his or her spouse or child.
- B.A person who is a relative of a person who has landed in Japan as a person who falls under A. above and continues to reside in Japan after that, and who is able to provide support among relatives.
- ② Among Myanmar refugees temporarily staying in Malaysia who are recognized by the Office of the United Nations High Commissioner for Refugees as being in need of international protection and recommended to Japan for protection, the above Persons who fall under a.
- ③ A person who is the biological child of a Japanese citizen (however, those who fall under ② above and ⑧ below do not apply) and who has good behavior.
- Specifically, foreigners who fall under the following categories A to C.
- stomach.Japanese grandchild (3rd generation)
- B.A biological child of a former Japanese who was born as a Japanese child after relinquishing Japanese nationality (second generation)
*Children born while a child of a Japanese national has Japanese nationality fall under the residence status (visa) of "Spouse of Japanese National, etc." - C.Grandson (3rd generation) who is the biological child of a former Japanese national before he renounced his Japanese nationality.
- ④ A person who is a grandchild (third generation) of a biological child of a person who was born as a Japanese child and who was born after the child renounced Japanese nationality, and who has good behavior (excluding ③ above and ⑧ below)
- ⑤ Persons who fall under the following a to c
- stomach.A person who is the spouse of a child of a Japanese national and resides with the residence status of spouse of a Japanese national, etc.
- B. Spouse of a person residing with a long-term resident status with a designated period of stay of one year or more
- C.A person who falls under ③ or ⑤b above and is a spouse of a person residing with a long-term resident status with a designated period of stay of one year or more and who is of good behavior.
- ⑥ Persons who fall under the following a to d
- stomach.A minor and unmarried child of a Japanese national, a person residing with the residence status of a permanent resident, or a person living with the support of a special permanent resident.
- B. A minor and unmarried child of a person living with the support of a person who resides with a long-term residence status with a designated period of stay of one year or more.
- C. Resident status of a long-term resident who falls under ③, ④, ⑤C and has received permission for landing, permission to change the status of residence, or permission to acquire a status of residence, and has a designated period of stay of one year or more. A person who is a minor, unmarried biological child of a person living in Japan with the support of a person residing in Japan, and is of good behavior.
- D.A spouse of a Japanese national, a person residing with the residence status of a permanent resident, a special permanent resident, or a person residing with the residence status of a long-term resident with a designated period of stay of one year or more, such as a spouse of a Japanese national. Or a minor and unmarried biological child of a person who lives with the support of a person residing with residence status such as a spouse of a permanent resident.
- ⑦ Foreigners who fall under the following (a) to (d) (excluding those who fall under ① to ④, ⑥, and ⑧)
- stomach.Adopted children under the age of 6 who live with the support of Japanese nationals
- B.An adopted child under the age of 6 who lives with the support of a person residing in the country with permanent resident status.
- C. Adopted children under the age of 1 who live with the support of a resident with a long-term residence status designated for a period of stay of one year or more
- D.Adopted child under the age of 6 who lives with the support of a special permanent resident
- ⑧ Japanese spouse, child and spouse of child remaining in China
What are the non-notification settlements?
- ① Persons certified as refugees by the Minister of Justice (certified refugees)
- ② Those who wish to continue residing in Japan after divorcing their spouse who is a Japanese, permanent resident, or special permanent resident (so-called post-divorce residence)
- When applying for a long-term resident visa in this case, the following four points are important.
- ・ There is a certain period of marriage before divorce
- ・ You have sufficient assets or skills to make a living in Japan after divorce.
- ・ Having a certain level of Japanese proficiency and not having difficulty in living a normal social life in Japan
- ・ Achievement or expected fulfillment of public obligations such as tax payment
- ③ Those who wish to continue to stay in Japan after their bereavement with their spouse who is a Japanese, permanent resident or special permanent resident.
- The points of examination in this case are almost the same as in case ②.
- ④ A person who cares for and raises a Japanese child
- The three main points to consider in this case are:
- ・ Having sufficient assets or skills to earn a living
- ・ Being a parent of a Japanese child
- ・ In fact, it is recognized that the child is being custody and raised for a considerable period of time.
- ⑤ A person who has virtually failed to marry a spouse who is a Japanese, permanent resident or special permanent resident and wishes to continue to stay in Japan.
- A case where the marriage is in fact broken down means that although the marriage is still ongoing, both spouses have no intention of continuing the marriage, but cohabitation and mutual cooperation and support have virtually ceased, or This refers to cases where the condition is recognized to have become fixed and there is no longer any possibility of repairing or maintaining the marital relationship.
- ⑥ Those who are resident with "family stay" and who will find employment in Japan after graduating from elementary school, junior high school, or high school in Japan.
In addition to the above,Taking into account individual circumstances, if it can be said that there are special circumstances that allow residence in Japan, a "long-term resident" visa may be granted as a non-notification residence..