What Is the Long-Term Resident Notification?|The Listed Categories and the Difficulty of Item 6 (Minor, Unmarried Biological Children)
What Is the Long-Term Resident Notification?|The Listed Categories and the Difficulty of Item 6 (Minor, Unmarried Biological Children)
The residence status of Long-Term Resident (定住者) is broad. It covers people of Japanese descent, Japanese nationals left behind in China and their families, refugees resettled from third countries, and situations where a parent brings a child living abroad to Japan. However, this status is not freely available to anyone. Its gateway is drawn by a single document known as the Long-Term Resident Notification. This article sets out the categories in that Notification item by item, and then focuses on one of the most demanding categories in practice: minor, unmarried biological children (Item 6).
Sources: Immigration Services Agency of Japan, “Notification Establishing the Positions Listed in the Right-Hand Column of the Long-Term Resident Section of Appended Table II of the Immigration Control and Refugee Recognition Act Pursuant to Article 7, Paragraph 1, Item 2 (Ministry of Justice Notification No. 132 of 1990)”; “Residence Status: Long-Term Resident”; “Application for a Certificate of Eligibility”; “Cases in which a change of status of residence from Spouse or Child of Japanese National / Spouse or Child of Permanent Resident to Long-Term Resident was and was not permitted”
What the Long-Term Resident Status Is
The Immigration Services Agency describes those who fall under this status as follows.
A person who is authorized to reside in Japan with a designated period of stay by the Minister of Justice in consideration of special circumstances Examples include: refugees resettled from third countries, third-generation persons of Japanese descent, and Japanese nationals left behind in China. (Immigration Services Agency of Japan, “Residence Status: Long-Term Resident”)
The period of stay is 5 years, 3 years, 1 year, 6 months, or a period individually designated by the Minister of Justice (not exceeding 5 years). Because there is no restriction on employment, it is a strong status in terms of stability of life. For the basic concept of residence statuses in general, please also see What Is a Residence Status? Covering the Basics.
The Long-Term Resident Notification (MOJ Notification No. 132 of 1990)
The statutory wording “in consideration of special circumstances” does not by itself tell us who qualifies. Accordingly, under Article 7, Paragraph 1, Item 2 of the Immigration Control Act, the Minister of Justice designates the qualifying positions in advance by notification. That is the Long-Term Resident Notification.
| Item | Details |
|---|---|
| Official title | Notification Establishing the Positions Listed in the Right-Hand Column of the Long-Term Resident Section of Appended Table II of the Immigration Control and Refugee Recognition Act Pursuant to Article 7, Paragraph 1, Item 2 of the Act |
| Notification number | 24 May 1990 (Heisei 2), Ministry of Justice Notification No. 132 |
| Most recent amendment | 28 October 2021 (Reiwa 3), Ministry of Justice Notification No. 220 |
| Legal basis | Article 7, Paragraph 1, Item 2 of the Immigration Control Act |
The Categories, Item by Item
The Notification runs from Item 1 to Item 8, with Item 2 deleted. The key points of the original text are as follows.
| Item | Position designated (summary) |
|---|---|
| Item 1 | A person temporarily staying in one of the countries listed in the Notification (India, Indonesia, Cambodia and others) whom the Office of the United Nations High Commissioner for Refugees recognizes as requiring international protection and recommends to Japan for protection, and who falls under sub-item (a) or (b) — resettled refugees |
| Item 2 | Deleted |
| Item 3 | A biological child of a person born as the child of a Japanese national (excluding persons falling under Item 1 or Item 8), who is of good conduct |
| Item 4 | A biological child of a biological child of a person born as the child of a Japanese national who once held a family register in Japan as a Japanese national (excluding persons falling under Item 1, Item 3 or Item 8), who is of good conduct |
| Item 5 | The spouse of a person residing with Spouse or Child of Japanese National status who was born as the child of a Japanese national; and the spouse of a Long-Term Resident permitted on the basis of the position under Item 3 or Item 4 and designated a period of stay of 1 year or more (sub-items (a), (b), (c)) |
| Item 6 | A minor, unmarried biological child living under the support of a Japanese national, a Permanent Resident, a Special Permanent Resident, a Long-Term Resident and the like (sub-items (a), (b), (c), (d)) |
| Item 7 | An adopted child under 6 years of age living under the support of a Japanese national, a person residing with Permanent Resident status, a Long-Term Resident designated a period of stay of 1 year or more, or a Special Permanent Resident |
| Item 8 | Japanese nationals left behind in China and their families (sub-items (a) to (e)) |
The Immigration Services Agency publishes its document guidance in five groups: third-generation persons of Japanese descent; spouses of second-generation persons of Japanese descent; spouses of third-generation persons of Japanese descent; minor, unmarried biological children; and adopted children under 6. It is helpful to think of Items 3 through 7 as corresponding to the entry points of the actual document checklists.
The Focus of This Article: Minor, Unmarried Biological Children (Item 6)
It is not unusual for a parent to come to Japan first, leaving a child from a previous marriage abroad, and then wish to bring that child over once life in Japan has settled. Item 6 is the category used in this situation. It is divided into four sub-items, (a) through (d), according to the residence status held by the supporting parent.
| Sub-item | Status of the supporting parent | Notes |
|---|---|---|
| Item 6 (a) | A Japanese national, a person residing with Permanent Resident status, or a Special Permanent Resident | The minor, unmarried biological child of such a person |
| Item 6 (b) | A Long-Term Resident designated a period of stay of 1 year or more (excluding those permitted on the basis of the position under Item 3, Item 4 or Item 5 (c)) | The minor, unmarried biological child of that person |
| Item 6 (c) | A person permitted on the basis of the position under Item 3, Item 4 or Item 5 (c) who resides as a Long-Term Resident designated a period of stay of 1 year or more | The minor, unmarried biological child of such a person who is of good conduct |
| Item 6 (d) | The spouse of a Japanese national, a Permanent Resident, a Special Permanent Resident, or a Long-Term Resident designated a period of stay of 1 year or more, who resides with the status of Spouse or Child of Japanese National or Spouse or Child of Permanent Resident | The minor, unmarried biological child of such a person |
Where a “step-child” is being brought to Japan, the most common basis is Item 6 (d): a parent who married a Japanese national and resides with Spouse or Child of Japanese National status brings over a child from a previous marriage. Where the parent resides as a Long-Term Resident on the basis of Japanese descent, Item 6 (c) applies, and this sub-item alone expressly adds the requirement of being “of good conduct.” For the spouse’s own status, please see A Complete Guide to Spouse or Child of Japanese National (Spouse Visa), and where the parent is a Permanent Resident, A Guide to Permanent Residence Applications.
”Minor” Means Under 18 (Since 1 April 2022)
The point where a slip is fatal is age.
Following the enactment of the Act Partially Amending the Civil Code, which lowered the age of majority, “minor” as provided in each part of Item 6 of the Long-Term Resident Notification was changed from the current under-20 to under-18, implemented from 1 April 2022 (Reiwa 4). From that date, a person aged 18 or over cannot newly enter Japan with the residence status of Long-Term Resident as a “minor, unmarried biological child.” (Immigration Services Agency of Japan, “Residence Status: Long-Term Resident”)
Nor can one relax after the Certificate of Eligibility has been issued. The Agency states expressly that a person who has received a Certificate of Eligibility must enter Japan by the day before turning 18, and that a person who has already reached 18 at the time of entry cannot enter under that status regardless of the certificate’s validity period. The standard processing period for a Certificate of Eligibility application is 1 to 3 months, after which a visa application at a Japanese embassy or consulate follows. Where a consultation begins only after the child has passed 17 and a half, running out of time is a real possibility.
Why It Is Difficult
Item 6 applications are difficult not so much because the requirements are complex, but because collecting the documents is not enough.
First, explaining that the child lives under the parent’s support. Among the required documents listed by the Immigration Services Agency, alongside the letter of guarantee and the birth certificate, is a “letter of explanation (explaining why the applicant must be supported; free format).” There is no prescribed form, and no guidance on how far it should go. It is a document in which the parent in Japan must explain, in their own words and along the course of the family’s life, the reality that they are supporting the child now and will continue to do so. If this is thin, no amount of other paperwork will convey the point to the examiner.
Second, evidence of the ability to support. The supporter’s residence tax certificate of taxation (or non-taxation) and tax payment certificate for the most recent year, a certificate of residence, a certificate of employment, or for the self-employed a copy of the final tax return, are required. Where the supporter is unemployed, copies of bank passbooks are submitted. The examination looks at whether the household can sustain itself on the premise that it will grow by one member.
Third, proof of the parent-child relationship. A birth certificate issued by the authorities of the applicant’s home country is required, and those who have a certificate of acknowledgement of parentage submit that as well. Depending on the country, birth registration may have been delayed, spellings may vary, or a former surname may still be in use, and every foreign-language document must be accompanied by a Japanese translation. Because certificates issued in Japan must be dated within three months, delays in obtaining foreign documents can cause the Japanese-side certificates obtained earlier to expire — a sequencing problem in its own right.
Fourth, the extra documents where the supporter is a Long-Term Resident and the applicant is of Japanese descent. A police clearance certificate for the applicant, official materials proving that the grandparents and parents existed (passports, death certificates, driver’s licenses and the like), and official materials proving the applicant’s own identity are required. This means tracing the family line back through the generations to connect the relationships.
On top of all that, the Agency places the following note on each page.
After you have applied, we may request materials not listed on this page in the course of our examination, so please be aware of this in advance. (Immigration Services Agency of Japan, required documents page for “Residence Status: Long-Term Resident”)
In other words, the published checklist is only a starting point. Family circumstances differ in every case, and what you choose to explain in advance can change the outcome. When reviewing the residence statuses of the whole family in Japan, How to Bring Your Family to Japan on an Engineer/Specialist in Humanities/International Services Visa|Dependent Visa Guide and, with the child’s future in mind, Naturalization Applications for Children (Minors) are also useful reference points.
When the Notification Does Not Apply — Non-Notification Long-Term Residence
There are situations that fall under none of the items in the Notification but where residence in Japan ought to be permitted for humanitarian or other reasons. In practice these are called “non-notification long-term residence.”
The key point here is that a Certificate of Eligibility cannot be applied for in non-notification cases. The examination criteria for a Certificate of Eligibility application, as published by the Agency, read as follows.
A status or position listed in the right-hand column of Appended Table II (excluding the position listed in the right-hand column of the Permanent Resident section; as for the position listed in the right-hand column of the Long-Term Resident section, limited to those designated in advance by the Minister of Justice by notification.) (Immigration Services Agency of Japan, “Application for a Certificate of Eligibility,” examination criteria)
Non-notification long-term residence must therefore be pursued by someone already in Japan, through an application to change the status of residence. The leading example is a change from Spouse or Child of Japanese National or Spouse or Child of Permanent Resident to Long-Term Resident after divorce or the death of a spouse. The Immigration Services Agency has published cases in which such a change was and was not permitted (published July 2012; revised March 2017). That document makes clear that under Article 20 of the Immigration Control Act a change is permitted only where there are reasonable grounds to find it appropriate, that this judgment is made by comprehensively weighing the activities to be conducted, the applicant’s residence record and the necessity of residence, and that even where a case resembles a published example the conclusion may differ.
How to Prepare in Practice
- The moment you begin considering bringing a child over, count backwards from the child’s age. First confirm whether entry by the day before the 18th birthday is achievable.
- Check the parent’s own residence status and period of stay. Item 6 (b) and (c) presuppose a Long-Term Resident designated a period of stay of 1 year or more.
- Start obtaining the foreign birth certificate and any certificate of acknowledgement first. Japanese-side certificates are valid for three months, so obtain them later.
- Precisely because the letter of explanation has no set form, give it time. Write out, along the course of the family’s life, the fact that the parent in Japan is supporting the child and the outlook for continuing to do so.
- Assume that additional materials will be requested, and when they are, respond carefully within the deadline.
Summary
The Long-Term Resident Notification marks out the gateway to the Long-Term Resident status across Items 1 to 8 (Item 2 deleted): people of Japanese descent, their spouses, minor unmarried biological children, adopted children under 6, Japanese nationals left behind in China and their families, and resettled refugees. Of these, the minor, unmarried biological child category (Item 6) demands several proofs at once — an immovable deadline in the form of age, the reality of support, the ability to support, and the parent-child relationship — and gathering documents alone will not do. And where none of the items applies, the Certificate of Eligibility route is unavailable, and the case must be rebuilt as an application to change the status of residence from within Japan.
The details of the system are amended over time. To confirm which item applies to your own case, please check the latest guidance on the Immigration Services Agency’s “Residence Status: Long-Term Resident” page, or consult a professional.
How Our Office Can Help
For any consultation concerning Long-Term Resident status, please leave it to the Kaneko Hidetaka Certified Administrative Scrivener Office.
The minor, unmarried biological child category (Item 6 of the Long-Term Resident Notification) requires a great many points to be proven, and it is by no means an easy category. Our office has a record of obtaining permission in this difficult category. After hearing about your family’s circumstances, we will identify which item applies and set out clearly what needs to be explained.
- A 98% approval rate
- Languages: Japanese, Chinese, Vietnamese, English
- Free initial consultation
- Nationwide service centered on Chiba and Tokyo (online consultations available)
Frequently asked questions
What is the Long-Term Resident Notification?
It is the "Notification Establishing the Statuses or Positions Listed in the Right-Hand Column of the Long-Term Resident Section of Appended Table II of the Immigration Control and Refugee Recognition Act Pursuant to Article 7, Paragraph 1, Item 2 of the Act" (Ministry of Justice Notification No. 132 of 24 May 1990; most recently amended by Ministry of Justice Notification No. 220 of 28 October 2021). It lists the positions that the Minister of Justice has designated in advance for the residence status of Long-Term Resident. It runs from Item 1 to Item 8, with Item 2 deleted.
Up to what age can a child living abroad be brought to Japan as a Long-Term Resident?
The word "minor" used in each part of Item 6 of the Notification was changed from under 20 to under 18, effective 1 April 2022 (Reiwa 4). The Immigration Services Agency of Japan states that a person who has obtained a Certificate of Eligibility must enter Japan by the day before turning 18, and that a person who has already reached 18 at the time of entry cannot enter Japan under that residence status regardless of the validity period of the Certificate of Eligibility.
What documents are required for the minor, unmarried biological child category?
According to the Immigration Services Agency's guidance, in addition to the application form and photograph, the documents include the supporter's residence tax certificate of taxation (or non-taxation) and tax payment certificate for the most recent year, a certificate of residence, proof of occupation and income such as a certificate of employment or a copy of the final tax return, a letter of guarantee, a letter of explanation (explaining why the applicant must be supported; free format), and a birth certificate issued by the authorities of the applicant's home country. Where the supporter holds Long-Term Resident status and the applicant is of Japanese descent, a police clearance certificate and other documents are also required.
What happens if none of the items in the Notification apply?
The examination criteria for a Certificate of Eligibility application state that the Long-Term Resident position is "limited to those designated in advance by the Minister of Justice by notification." Accordingly, for so-called non-notification long-term residence, the route of obtaining a Certificate of Eligibility from overseas and then entering Japan is not available. Such cases must be pursued through an application to change the status of residence in Japan, which under Article 20 of the Immigration Control Act is granted only where there are reasonable grounds to find the change appropriate.
How long is the period of stay for Long-Term Resident?
According to the Immigration Services Agency's guidance, it is 5 years, 3 years, 1 year, 6 months, or a period individually designated by the Minister of Justice (not exceeding 5 years). The standard processing period for a Certificate of Eligibility application is 1 to 3 months.
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