New Amendments to the Immigration Law Regarding Permanent Residence Revoke

About the revocation of a permanent residence

Revocation of permanent resident status has generally been rare.

In the five years from 2019 to 2023, there were only 22 cases of permanent residence revocation.

According to the number of foreign residents as of the end of June 2023 announced by the Immigration and Residency Management Agency, there are 880,178 permanent residents currently residing in Japan. Revocation of permanent resident status is an extremely rare occurrence, accounting for only a small percentage of all permanent residents.

Currently, revocation of permanent resident status is mainly due to the following reasons

• Falsehood during the permanent residence application, including:
  • Withholding negative information about yourself
  • Making false statements
• Leave Japan without a re-entry permit / The re-entry permit expires while traveling outside of Japan
• Not making a notification within the specified period / making a false notification when changing the address
• Not renewing the residence card in time
  • Even permanent residents need to renew their residence card 2 months before it expires
  • Additionally, permanent residents under 16 also need to renew their residence card 6 months before their 16^th birthday
• Receiving criminal conviction leading to deportation

For more information, see the law on revocation of residence status here.

Although there are not many cases, we had several cases in which permanent residents have dissolved marriages purpose of which was to acquire permanent resident status (in many cases, possibly sham marriages) after acquiring permanent residence status, or permanent residents have lived outside of  Japan most of the time and have not paid pension, insurance, taxes, etc. after acquiring permanent resident status.

The new amendment regarding permanent residence revocation

The Immigration and Residency Management Agency has stated, “It is expected that the number of foreign nationals who can obtain permanent resident status will increase. Under these circumstances, it has been pointed out that some permanent residents are not fulfilling their public obligations, and the permanent residence permit system is to be optimized.” The Minister of Justice is moving in the direction of having the authority to revoke the permanent residence permit.

The main grounds for revocation  listed for this proposed amendment are,

• Permanent residents willfully neglecting their public duties such as paying taxes or social insurance premiums.
• Violating the obligation to carry the resident card at all times
• Being sentenced to imprisonment under criminal law for Breaking and Entering, Counterfeiting Currency, etc.

In such cases, the Minister of Justice may revoke a permanent residence permit.

Specific guidelines are still under consideration and have not yet been announced…

There are concerns about the outflow of foreign human resources in the future, and there are opinions that this is a measure that requires permanent residents a fair burden to live in the Japanese society,

On the other hand, various non-profit organizations, political parties, and foreign residents’ groups have issued statements opposing the amendment on the grounds that the revocation of permanent residence may infringe on human life and human rights, and there has been an active debate on this amendment.

The ruling party has stated that the new amendment will go into effect in 2027,

How the new amendment will be enacted into law and how specific guidelines will be formulated are now being watched.

Summary

This time, we have explained the new proposed amendment regarding the revocation of permanent residence status.

If the proposed amendment goes into effect, the Minister of Justice will be able to revoke the permanent residence permit of those who intend to delay payment of taxes and social insurance premiums.

At this time, the amendment has not yet gone into effect, and there is a possibility that some details may be changed or the amendment may be withdrawn in the face of opposition.

We will continue to gather information on this amendment and will update the relevant information as soon as the official proposal is finalized.

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We are Yanagi group, who have the offices in Osaka (Abeno and Tennoji) and our affiliated offices in Tokyo (Shibuya and Ebisu) are also available for on-site consultation. We have handled many applications for permanent residence permits, naturalization permits, work visas, college student visas, management visas, etc., as well as visa renewal procedures related to status of residence with the Immigration Bureau (Immigration Bureau) as a one-stop service. Our experienced administrative scriveners are also available to help you with any problems you may have. We also have staff members who can speak each of the native languages and can assist you in obtaining a visa.

Please feel free to contact us if you have any questions about your status of residence or visa, even if they are trivial.

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