What are the requirements to become a permanent resident?

    For applicants who wish to become a permanent resident, Immigration Control Act stipulates the two requirements: "The alien's behavior and conduct must be good"; and "The alien must have sufficient assets or ability to make an independent living." The Act further states "the Minister of Justice may grant permission only when he deems.... that his permanent residence will be in accordance with the interests of Japan."

    Let us first explain the aforementioned two requirements. According to Immigration Control Act, these two requirements "do not have to be fulfilled in the case of spouses or children of Japanese nationals, those who have Permanent Residence status or those who are special permanent residents." As these aliens have obviously taken root in Japan, Japanese lawmakers regard it proper to provide these foreign nationals with stable residence on a family basis by easing the requirements on these foreign nationals.

    The phrase "The foreign national's behavior and conduct must be good" means that the foreign national has not been punished by imprisonment with or without work or by a fine, or is not under protective measures in accorfance with the Juvenile Act, on the grounds of having violated Japanese laws and regulations, and that the foreign national conducts daily life in a manner that does not elicit social disapproval from the standpoint of antisocial behavior.An applicant foreign national is deemed as having "sufficient assets or ability to make an independent living" if he/she does not pose any burden on the government in his/her daily life and is expected to live a stable future life from the viewpoint of his/her assets or abilities. In this context, even if the applicant does not meet this requirement by himself/herself, the applicant is regarded as satisfying it as long as he/she is expected to continue a stable life on a household basis including his/her spouse.

    In the context of the phrase "the Minister of Justice may grant permission only when he deems ...that his permanent residence will be in accordance with the interests of Japan," the applicant must be recognized as beneficial to the Japanese society and economy if the applicant is granted the permanent residence status. In making this judgment, the immigration control authority pays attentions to Japan's capacity to accept foreign nationals(such as Japan's national land conditions, or demographic trends) as well as immigration control-related circumstances at home and abroad, and other factors. Minister of Justice has a wide range of discretion in making judgment on if or not he will grant permanent residence status to foreign nationals. Specifically, the foreign national is found to have resided in Japan as a member of society for a long period of time, to have performed tax obligations and other public obligations, to have observed laws and regulations, and not to be a burden to the public.