If Your Permanent Residence Application Is Denied | Analyzing the Reasons and Strategy for Reapplying
If Your Permanent Residence Application Is Denied — Analyzing the Reasons and Strategy for Reapplying
If you have filed a permanent residence application but it has unfortunately been denied, how should you respond? In this article, we explain in concrete terms everything from how to find out the reason for denial to your strategy for reapplying.
When You Receive a Notice of Denial
The result of a permanent residence application is notified by postcard. In the case of denial, the notice states that the application was “denied,” but it is common for the specific reason not to be stated.
How to Find Out the Reason for Denial
To learn the reason for denial, you need to ask directly at the counter of the Immigration Bureau.
| Step | Content |
|---|---|
| 1 | Go to the Immigration Bureau, bringing the denial notice postcard |
| 2 | Tell the counter staff that you want to know the reason for denial |
| 3 | Receive a verbal explanation of the reason for denial from an immigration inspector |
| 4 | Write down what you are told (recording is not permitted) |
Point: The hearing on the reason for denial is a one-time opportunity. Prepare your questions in advance so that nothing is missed. An Administrative Scrivener can also accompany you.
The Five Main Patterns of Denial
Pattern 1: Insufficient Income
Typical examples:
- Household income does not reach the guideline (e.g., ¥3 million for a single person)
- There have been large fluctuations in income over the past 5 years
- A sole proprietor with low income
Countermeasure: Make an effort to increase your income. Combine your spouse’s part-time income. Provide additional proof of assets such as savings.
Pattern 2: Excessive Days Spent Outside Japan
Typical examples:
- Days spent outside Japan exceed 100 per year
- Long overseas business trips or visits home
- Not recognized as having resided “continuously”
Countermeasure: Consciously limit your days outside Japan in the years before applying. Where a departure is unavoidable, prepare materials that clearly explain the reason.
Guideline: It is considered desirable to keep days outside Japan to within 100 days per year, and each individual departure to within 3 months.
Pattern 3: Non-Payment or Late Payment of Taxes and Social Insurance Contributions
Typical examples:
- Late payment of resident tax
- Periods of non-payment of National Pension contributions
- Arrears in National Health Insurance premiums
Countermeasure: After paying everything in full, build up a record of at least 2 years of payment by the due date before reapplying. Switch to direct debit or special collection.
Pattern 4: Insufficient Period of Residence
Typical examples:
- Your period of residence has not reached 10 years (or the applicable special period)
- Your period of employment is less than 5 years
- You have counted periods under Technical Intern Training or Specified Skilled Worker (i)
Countermeasure: Recalculate the required period of residence accurately. Consider whether a special exception is available through the Highly Skilled Professional points.
Pattern 5: Problems Relating to Conduct
Typical examples:
- Traffic violations (particularly serious ones)
- A high number of violations, even minor ones
- False statements were made
Countermeasure: Allow a certain period to pass since the violation (around 5 years for minor traffic violations) before reapplying. Explain your reflection and improvement concretely in the statement of reasons.
When to Reapply
There is no clear legal restriction on the interval between a denial and reapplying. In practice, however, the following are used as guidelines.
| Reason for Denial | Guideline Before Reapplying |
|---|---|
| Insufficient income | The year after your income exceeds the standard (once reflected in the tax certificate) |
| Excessive days outside Japan | After 2–3 consecutive years of keeping days outside Japan down |
| Non-payment of taxes or social insurance | After paying in full and then continuing payment by the due date for 2–5 years |
| Insufficient period of residence | After satisfying the required period |
| Conduct problems | After 5 or more years have passed since the violation |
Caution: If you reapply while the reason for denial remains unresolved, there is a strong possibility of being denied again for the same reason. Rather than rushing, it is important to reliably resolve the reason for denial before reapplying.
Strategy for Reapplying
Step 1: Accurately Grasp the Reason for Denial
Accurately record the reason for denial you were given at the Immigration Bureau, and analyze what was lacking.
Step 2: Resolve the Reason for Denial
Carry out concrete measures matched to the reason for denial. Where there are multiple reasons for denial rather than just one, all of them need to be resolved.
Step 3: Prepare Additional Documents
Add the documents that were lacking in your previous application. In the statement of reasons in particular, it is important to explain concretely the improvements made in response to the reason for denial.
Step 4: Reapply at the Right Time
Reapply at the stage where you can prove with documents that the reason for denial has been resolved.
Preventive Measures to Avoid Denial
To avoid having to reapply again and again, keep the following points in mind from your very first application.
- Check all the requirements in advance — Check income, period of residence, tax payment record, and days outside Japan before applying
- Assemble a complete set of documents — Deficiencies prolong screening and increase the risk of denial
- Prepare the statement of reasons carefully — Set out concretely your reasons for settling permanently in Japan and your plans for the future
- Consult a specialist — Asking an Administrative Scrivener to check the requirements in advance greatly reduces the risk of denial
Reference: Application for Permission for Permanent Residence — Immigration Services Agency of Japan
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