Impact of Overseas Business Trips Exceeding 100 Days a Year on Japan Residency Status#

In today’s globalized business environment, it is not uncommon for foreign nationals holding a Japanese status of residence to undertake long-term overseas business trips at the direction of their employers. However, when the number of days spent outside Japan exceeds 100 in a year, it raises important questions about how one’s “actual residence” is evaluated for visa renewals and, especially, for Permanent Resident (PR) applications. This article provides an objective explanation of the fundamental concept of “actual residence” in the context of Japan’s immigration control system and the potential impact of long business trips on your residency status.

What is “Actual Residence”?#

In the context of Japanese immigration, “actual residence” (居住実態, kyojū jittai) refers to more than just the formal fact of having a registered address (jūminhyō) or renting a property in Japan. It delves into the substantive aspect of whether Japan is your “base of life” (生活の本拠, seikatsu no honkyo). When processing applications for visa renewals or Permanent Residence, the Immigration Services Agency of Japan (ISA) makes a comprehensive judgment based on various factors to determine if the applicant is maintaining a stable and continuous life in Japan.

Key factors in this assessment include:

The number of days spent in Japan.
The place of residence of family members (spouse, children).
Employment status (e.g., being employed by a company in Japan).
Asset situation (e.g., owning real estate or having bank accounts in Japan).
Fulfillment of tax obligations (income tax, residence tax).
Fulfillment of public duties (e.g., enrollment in social insurance).

“Actual residence” is deemed to exist when these factors, considered together, demonstrate that the center of the applicant’s life is in Japan.

Why Absences of Over 100 Days a Year Are Scrutinized#

There is no explicit law or regulation stating that a status of residence cannot be renewed if absences from Japan exceed 100 days a year. However, in practice, a period of “100 days per year” or “3 months per single trip” is widely recognized as a benchmark.

The reason is that spending nearly one-third of the year outside Japan can easily raise questions about whether one’s base of life is truly in Japan. This is particularly critical for the Permanent Residence requirement of “having resided in Japan continuously for 10 years or more in principle.” The interpretation of the word “continuously” (引き続き, hikitsuzuki) is key. A long absence risks being viewed as a break in this continuity of residence. If a single trip is excessively long, or the total number of days spent abroad in a year is significant, the ISA may scrutinize the application more carefully, suspecting that the applicant’s life base may have shifted overseas.

Key Factors for Maintaining “Actual Residence”#

Exceeding 100 days of absence in a year does not automatically negate your actual residence. More important than the number of days itself is the ability to prove the “reason for departure” and your “continuous ties to Japan” with objective evidence.

1. Justifiable Reason for Departure A critical factor is whether the absence is due to a “business order” from your employer, which has its head office or a branch in Japan. This is evaluated differently from personal travel, returning to one’s home country, or training at an overseas parent company. It is highly advisable to keep documents that prove the business necessity of the trip, such as official travel orders, business reports from abroad, and travel expense receipts.

2. Maintaining a Life Foundation in Japan It is essential to demonstrate that your life foundation remains in Japan even while you are on a business trip.

Secured Residence: You maintain a home in Japan (owned or rented) and continue to pay rent and utilities.
Presence of Family: Your spouse and children continue to live in Japan, and your children attend Japanese schools.
Continuous Employment and Tax Payments: You remain employed by a company in Japan, your salary is paid into a Japanese bank account, and you properly pay Japanese income and residence taxes on that income.
Social Security: You remain enrolled in social insurance, such as health insurance and the employees’ pension system.

These facts serve as powerful evidence that your base of life is still firmly in Japan.

3. Duration of Each Trip Even if the total number of days abroad per year becomes high, it is recommended to keep the duration of each individual trip as short as possible. Generally, a single absence exceeding three months (approximately 90 days) increases the risk of being judged as having broken the continuity of residence. Therefore, even for long-term projects, it may be beneficial to return to Japan intermittently to manage the length of each stay abroad.

Conclusion#

Annual overseas business trips exceeding 100 days are a matter that requires careful handling for maintaining your status of residence and for future Permanent Residence applications in Japan. However, decisions are not made mechanically based on the number of days alone. The key is to demonstrate with objective evidence that the departures are for legitimate reasons based on orders from your Japanese employer and that your life foundation in Japan—including family, assets, and tax obligations—is solidly maintained. To ensure smooth immigration procedures in the future, it is highly recommended to keep all documents related to your business trips and evidence of your life in Japan well-organized and readily available.