Residency Requirements for Permanent Residence: Transitioning from “Dependent” to “Long Term Resident”#

In the context of the Japanese immigration system, transitioning from a “Dependent” (Kazoku Taizai) status to a “Long Term Resident” (Teijusha) status often marks a significant turning point in an individual’s life. This change frequently occurs due to life events such as divorce from a Japanese national, bereavement, or a child raised in Japan reaching adulthood and seeking independent employment.

Following this transition, many foreign nationals naturally set their sights on obtaining “Permanent Residence” (Eiju). However, the calculation of the required residency period (the length of time one must live in Japan) for this specific path is complex. Misinterpreting the rules can lead to premature applications and subsequent rejections.

This article provides an objective and detailed explanation of the residency requirements for those aiming for Permanent Residence after switching from “Dependent” to “Long Term Resident,” based on current immigration laws and administrative guidelines.

The General Principle of Residency for Permanent Residence#

To understand the specific requirements for “Long Term Residents,” one must first grasp the general rule for Permanent Residence applications. According to the Immigration Control and Refugee Recognition Act and the “Guidelines for Permission for Permanent Residence,” an applicant is generally required to meet the following criteria regarding their stay in Japan:

Continuous residence in Japan for 10 years or more.
Within this period, continuous residence for 5 years or more with a “Work Status” or a “Residential Status.”

Here lies the first major hurdle. The “Dependent” visa is categorized as a status for those receiving support from a primary visa holder. It does not typically fall under the category of “Work Status” (like Engineer/Specialist in Humanities) or independent “Residential Status” (like Spouse of a Japanese National or Long Term Resident) in the context of this 5-year sub-requirement. Therefore, simply living in Japan for 10 years on a “Dependent” visa does not automatically qualify a person for Permanent Residence.

The “Long Term Resident” Exception#

The “Long Term Resident” (Teijusha) status is granted by the Minister of Justice based on special considerations. Consequently, holders of this status benefit from relaxed residency requirements for Permanent Residence, similar to Spouses of Japanese Nationals.

The guidelines explicitly state the following exception for Long Term Residents:

“If the person has the status of Long Term Resident, they must have continuously resided in Japan for 5 years or more.”

This is the point that causes the most confusion. The critical question is: Does the time spent in Japan under the previous “Dependent” status count towards this “5 years or more”?

Can “Dependent” Years Be Counted?#

The objective interpretation used in immigration practice is that periods of residence under the “Dependent” status generally cannot be counted towards the 5-year requirement under the Long Term Resident exception.

The “5-year requirement” for Long Term Residents is interpreted as requiring the applicant to have lived in Japan for 5 years specifically as a Long Term Resident. Essentially, when a person changes their status from “Dependent” to “Long Term Resident,” the clock for the privileged 5-year track effectively resets.

For example, if an individual lived in Japan for 3 years as a “Dependent” and then 2 years as a “Long Term Resident,” the total is 5 years. However, this usually does not meet the criteria for the Permanent Residence application under the exception, because the period of holding the qualifying “Long Term Resident” status is only 2 years.

The Relationship Between the 10-Year Rule and the 5-Year Rule#

Is it impossible to combine the periods? While specific individual circumstances are always reviewed, applicants generally fall into one of two strategic paths:

1. The Path of Waiting 5 Years as a Long Term Resident#

This is the most reliable and standard approach. After changing status to “Long Term Resident,” the applicant should reside in Japan for 5 years. During this time, they must demonstrate stability, pay taxes and social insurance premiums on time, and maintain good conduct. Once 5 years have passed after the change of status, they become eligible under the relaxed requirement.

2. The Path of the General 10-Year Rule#

Consider a case where an applicant has lived in Japan for 7 years as a “Dependent” and then 3 years as a “Long Term Resident.” The total residency is 10 years. However, recall the general rule: “Within the 10 years, one must have 5 years or more of work or residential status.” In this scenario, the applicant only has 3 years of “Residential Status” (Long Term Resident). Therefore, even though the total is 10 years, they likely still do not meet the requirement because the “Dependent” years do not count towards the qualifying 5-year sub-period.

Consequently, regardless of the calculation method, the practical reality is that one generally needs to accrue close to 5 years of residence after acquiring the “Long Term Resident” (or a work) status to satisfy the legal criteria.

Other Crucial Criteria for Approval#

Even if the residency period requirement is met, the application will be rejected if other strict criteria are not satisfied.

Holding the Longest Period of Stay: To apply for Permanent Residence, you must currently hold a visa with the longest available term provided by law (practically, a “3-year” or “5-year” visa is required). If your current Long Term Resident visa is for “1 year,” you are not eligible to apply.
Financial Independence: While a “Dependent” relies on family support, a “Long Term Resident” is often expected to be financially independent (or part of a financially stable household). The Immigration Services Agency will scrutinize income stability closely.
Conduct and Public Obligations: Payment of taxes, National Pension, and National Health Insurance is checked rigorously. Late payments are frequent causes for rejection. When transitioning from “Dependent” to “Long Term Resident,” gaps in insurance coverage often occur (e.g., switching from a spouse’s coverage to National Health Insurance). It is vital to ensure all past administrative procedures were handled correctly and payments are up to date.

Conclusion#

When aiming for Permanent Residence after changing from “Dependent” to “Long Term Resident,” the safest and most realistic strategy is to assume that the residency count restarts from the moment you acquired the “Long Term Resident” status.

The prudent goal is to reside in Japan for 5 continuous years as a Long Term Resident. Applying prematurely based on a misunderstanding of the combined years can lead to a record of rejection. It is far more effective to build a solid track record of residence, tax compliance, and financial stability over the 5 years following your change of status, and to apply once you have secured a visa term of 3 years or more.