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A question about Permanent Resident Visa

 
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SeasonedVet



Joined: 28 Aug 2006
Posts: 236
Location: Japan

PostPosted: Sun Jul 27, 2008 2:47 am    Post subject: A question about Permanent Resident Visa Reply with quote

Just a quick question if anyone knows the answer.
We are allowed to apply for Permanent Resident Visa after having lived here for 10 years.
If a person has lived here for 9 years and embarking on the 10th but decides to leave japan for one year, when that person returns would he/she then lose the previos 9 years and have to start from scratch?

Or would the 9 still be counted and considered?

Edited to add:
Another question: when you have a PR visa how long are you allowed to leave the country and return without interrupting your PR status or not having to start the process all over again?

Thanks.
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Glenski



Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN

PostPosted: Sun Jul 27, 2008 8:51 am    Post subject: Reply with quote

Understand this first and foremost: PR is not a visa. It is a status of residence. Visas have to be renewed. PR does not.

Guidelines for applying for PR are here: http://www.immi-moj.go.jp/english/tetuduki/index.html
Bold emphasis and underlines are mine.

Quote:
# Legal requirements
(1) The person is of good conduct.
The person observes Japanese laws and his/her daily living as a resident does not invite any social criticism.
(2) The person has sufficient assets or ability to make an independent living.
The person does not financially depend on someone in the society in his daily life, and his/her assets or ability, etc. are assumed to continue to provide him/her with a stable base of livelihood into the future.
(3) The person�s permanent residence is regarded to be in accord with the interests of Japan.

1. In principle, the person has stayed in Japan for more than 10 years consecutively. It is also required that during his/her stay in Japan the person has had work permit or the status of residence for more than 5 years consecutively.
2. The person has been never sentenced to a fine or imprisonment. The person fulfills public duties such as tax payment.
3. The maximum period of stay allowed for the person with his/her current status of residence under Annexed Table 2 of the Immigration Control and Refugee Recognition Act is to be fully utilized.
4. There is no possibility that the person could do harm from the viewpoint of protection of public health.

※ The requirements (1) and (2) above do not apply to spouses and children of Japanese nationals, special permanent residents or permanent residents, and requirement (2) does not apply for those who have been recognized as refugees



# Special requirements for 10-year residence in principle

(1) The person is a spouse of a Japanese national, special permanent resident or permanent resident, and has been in a real marital relationship for more than 3 years consecutively and has stayed in Japan more than 1 year consecutively. Or, the person is a true child of a Japanese national, special permanent resident or permanent resident, and has stayed in Japan more than 1 year consecutively.
(2) The person has stayed in Japan for more than 5 years consecutively with the status of long term resident.
(3) The person has been recognized as a refugee, and has stayed in Japan for more than 5 years consecutively after recognition.
(4) The person has been recognized to have made a contribution to Japan in diplomatic, social, economic, cultural or other fields, and has stayed in Japan for more than 5 years.
※ Please see �Guidelines for Contribution to Japan.�


Another question: when you have a PR visa how long are you allowed to leave the country and return without interrupting your PR status or not having to start the process all over again?
People with PR still have to buy a reentry permit, but it is good for 3 years. No reentry permit, and you seriously risk losing PR.
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SeasonedVet



Joined: 28 Aug 2006
Posts: 236
Location: Japan

PostPosted: Sun Jul 27, 2008 9:01 am    Post subject: Reply with quote

Glenski,
Thanks alot for that quick reply.
The information is useful.
Thanks again.
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David W



Joined: 17 Jan 2003
Posts: 457
Location: Japan

PostPosted: Tue Jul 29, 2008 5:55 am    Post subject: Reply with quote

Yes it's definitely possible, had a friend do something similar except he was away from Japan for almost 2 years. It's worth noting though that he has a child here (divorced) so that may have been a factor.
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Glenski



Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN

PostPosted: Tue Jul 29, 2008 12:36 pm    Post subject: Reply with quote

A factor in what?
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David W



Joined: 17 Jan 2003
Posts: 457
Location: Japan

PostPosted: Tue Jul 29, 2008 4:22 pm    Post subject: Reply with quote

Glenski wrote:
A factor in what?

A factor in me choosing vanilla ice-cream instead of chocolate today. Rolling Eyes What do you think I mean? A factor in him getting his PR quickly despite being away for so long.
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Glenski



Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN

PostPosted: Tue Jul 29, 2008 10:14 pm    Post subject: Reply with quote

Thanks, David.

Having a child might be one of the things immigration considers as proving one is in a "real marital relationship" (see http://www.immi-moj.go.jp/english/tetuduki/index.html , item 2.1). However, people have been denied permission to stay even though they have spouses and children, so it's hard to say how much weight that holds.
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