How Violations During Your “Student Visa” Period in Japan Affect Your Permanent Resident Application#

When applying for Permanent Resident (PR) status in Japan, the immigration authorities review your entire history of residence, not just your current situation. This means that your conduct during your time as a student on a “Student” visa, even if it was many years ago, is subject to scrutiny. Many individuals worry about how minor infractions from their student days might impact their future PR application. This article provides an objective explanation of the effects of such violations.

Fundamental Principles of Permanent Residence and the “Good Conduct” Requirement#

The screening for a Permanent Resident visa is based on the requirements stipulated in the Immigration Control and Refugee Recognition Act. The three main pillars are:

1. The person is of good conduct. (Good Conduct Requirement)
2. The person has sufficient assets or skills to make an independent living. (Independent Livelihood Requirement)
3. The person’s permanent residence is deemed to be in accord with the interests of Japan. (National Interest Requirement)

Violations during your student period primarily affect the “Good Conduct Requirement” and the “National Interest Requirement.” The applicant is expected to be law-abiding and lead a life that is socially acceptable. A history of violations can be a reason to judge that the applicant is not of good conduct. Furthermore, fulfilling public duties such as paying taxes and social insurance premiums is a critical component of the National Interest Requirement, and any past failures to do so are strictly reviewed.

Common Violations During the Student Period and Their Impact#

The following are common violations from student days that can significantly affect a PR application:

Violation of “Permission to Engage in Activity Other Than That Permitted”#

International students are, in principle, allowed to work part-time for up to 28 hours per week (or 40 hours per week during long school holidays). Working beyond these hours is a serious breach of immigration rules. This violation is often discovered through income figures on tax documents, such as the Certificate of Taxation (Kazei Shomeisho). If your annual income clearly exceeds what could be earned by working 28 hours a week (e.g., significantly over 1.5 million yen), authorities may suspect you of overwork. If this violation is confirmed, it will be viewed as a failure to “sincerely engage in the activities designated by your status of residence,” making it extremely difficult to obtain permanent residency.

Failure to Fulfill Public Duties (Unpaid Taxes and Social Insurance)#

Even as a student, if you earn a certain amount of income from a part-time job, you are obligated to pay residence tax. Additionally, all residents in Japan aged 20 and over are required to enroll in the National Pension system. The same applies to National Health Insurance. Any period of non-payment for these taxes and social insurance premiums will be judged as a failure to fulfill public duties, which is highly disadvantageous for a PR application. Even if you pay the arrears before applying, the fact that you “failed to meet your payment obligations on time” remains on your record and can lead to a negative evaluation.

Traffic Violations and Other Legal Infractions#

Traffic violations are also considered when assessing the good conduct requirement. A few minor infractions like parking tickets or failing to stop at a stop sign might not be a major issue if you show remorse. However, numerous violations, or serious offenses such as speeding that result in a fine, drunk driving, or causing an accident involving injury, will make obtaining PR exceptionally difficult. Generally, any fines or imprisonment within the last five years will be a direct cause for rejection.

Poor Residency Status#

While not a direct legal violation, issues like extremely low school attendance or exceptionally poor academic performance can be negatively evaluated. It may be interpreted that you were not genuinely fulfilling the purpose of your “Student” visa. Since the PR screening involves a comprehensive judgment, the overall integrity of your past residency status is also a contributing factor.

How Violations Are Evaluated and Points to Note#

During the screening process, the immigration authorities will holistically evaluate not just the violation itself, but also its nature, frequency, intentionality, and any signs of improvement afterward.

• The Importance of Honest Declaration: The application form has a section for declaring your criminal and violation history. Intentionally hiding past violations can be considered a false declaration. A false application is a much more serious offense than the original violation and can jeopardize all future applications. If you have a history of violations, it is crucial to declare them honestly and, if necessary, attach a letter of explanation or apology to demonstrate a sincere attitude.
• The Passage of Time: Depending on the nature of the violation, if a significant amount of time has passed and you can prove that you have since led a law-abiding and stable life, the negative impact may be mitigated. However, there is no set rule for how much time is “enough,” as it depends on the individual case.

Conclusion#

Your actions during your student days are not forgotten; they are an important part of the record reviewed for your future Permanent Resident application. Violations related to part-time work limits and the failure to fulfill public duties are particularly serious issues that can close the door to permanent residency. For international students planning a long-term future in Japan, it is essential to be aware that your current actions build the foundation for your future. The most important thing is to lead a life that respects Japan’s rules and regulations. If you have past violations, you must face them honestly and approach your application with sincerity.