Does a Child’s School Refusal or Misconduct Affect Permanent Residence Applications in Japan?#

When considering applying for permanent residence in Japan, many applicants worry not only about their own eligibility but also about how the circumstances of their family, particularly their dependent children, might affect the screening process. Concerns often arise if a child is refusing to attend school (a phenomenon known as futoko in Japan) or has exhibited some form of misconduct, leading to fears that these issues could negatively impact the outcome of the permanent residence application.

This article provides an objective explanation of how a child’s school refusal or misconduct may influence the permanent residence review, based on the fundamental principles of the screening process.

Basic Requirements for Permanent Residence and the Family Context#

The review for a permanent residence permit is primarily based on the following three requirements:

1. Good Conduct Requirement: The applicant must abide by Japanese laws and lead a life that is socially acceptable as a resident.
2. Independent Livelihood Requirement: The applicant must have sufficient assets or skills to maintain an independent living, ensuring they do not become a public burden.
3. Requirement of Conformity with the National Interest of Japan: In principle, the applicant must have resided in Japan for at least 10 years, fulfilled public obligations such as tax payments, and be recognized as contributing to Japanese society.

Permanent residence applications are often evaluated with the family unit living together as a whole. Therefore, the situation of a dependent child can be considered in relation to these requirements, especially the “Good Conduct Requirement” and the “Requirement of Conformity with the National Interest.”

Case 1: The Impact of a Child’s School Refusal (Futoko)#

To state the conclusion first, it is extremely unlikely that a child’s refusal to attend school will be a direct reason for the denial of a permanent residence application.

In Japan, school refusal is not a criminal act. It is widely recognized in society that some children are unable to attend school for various reasons, and immigration authorities do not typically judge an applicant’s family conduct as poor based on this fact alone.

However, it is possible that an immigration officer may seek to understand the family’s home environment more deeply. Since the review is based on submitted documents, a lack of explanation could potentially lead to unnecessary suspicion, such as whether the parents are neglecting their educational responsibilities.

Therefore, if your child is in a state of school refusal, it is crucial to provide a thorough explanation of the background and the family’s response in the “Statement of Reasons” (Riyusho) submitted with the application. Key points to include are:

• The circumstances that led to the school refusal (e.g., bullying, physical or mental health issues).
• Details of academic support at home or attendance at a “free school.”
• Evidence of a proactive approach to resolving the issue, such as collaboration with the school, educational support centers, or medical institutions.

By describing these points in detail, you can demonstrate that you are a responsible parent who is sincerely addressing your child’s future, which can help the immigration officer understand your situation favorably.

Case 2: The Impact of a Child’s Misconduct#

On the other hand, a child’s “misconduct” can have a direct impact on the screening, depending on its nature and severity.

Particular caution is required if the child has engaged in acts that violate Japanese law. For example, if there is a history of shoplifting, violence, or driving a scooter without a license, resulting in police intervention, arrest, or a family court hearing, this could be a factor in determining that the entire family does not meet the “Good Conduct Requirement.”

This is because the parents’ supervisory responsibility is called into question. If a child commits a crime, the parents may be viewed as having a low regard for complying with Japanese laws and norms. This could lead to a negative evaluation of the applicant’s own “Good Conduct” and their suitability as a member of Japanese society under the “Requirement of Conformity with the National Interest.”

However, minor issues, such as small troubles at school or typical rebellious behavior during adolescence that do not break the law, are generally not considered problematic in the review. The dividing line is often whether the behavior is serious enough to be treated as a criminal or juvenile case.

If your child has a history of serious trouble involving the police, it is essential to disclose this fact honestly. You must also express deep remorse as a parent and specifically explain the measures the family is taking to prevent a recurrence.

Conclusion#

To summarize the impact of a child’s situation on the permanent residence application:

• School Refusal: It is highly unlikely to be a direct reason for denial. However, it is advisable to explain the background and the parents’ sincere efforts in a Statement of Reasons.
• Misconduct: Serious misconduct that violates the law can negatively affect the review, as it may breach the family’s Good Conduct Requirement and calls parental supervision into question.

The permanent residence screening is a comprehensive process to determine if an applicant and their family can live as stable and contributing members of Japanese society in the long term. If you have concerns regarding your child, the most sincere approach is not to hide the issue but to demonstrate that you are facing it head-on and working diligently toward a solution, supported by objective evidence. This will be the best way to gain the understanding of the immigration officer.