Deadlines and Key Points for Permanent Residence Applications for Children Born in Japan#

When a child is born in Japan to parents (or a single parent) who hold the status of “Permanent Resident,” the child does not automatically acquire Japanese nationality or Permanent Residence. For the child to continue living in Japan legally, specific procedures must be followed under the Immigration Control and Refugee Recognition Act.

In particular, if the parents wish for their newborn child to inherit the “Permanent Resident” status immediately upon birth, there are strict deadlines and rules that must be adhered to. This article provides an objective and detailed explanation of the “Application for Permission to Acquire Status of Residence” for children born in Japan, focusing on deadlines and crucial procedural points.

The Obligation to Apply Within 30 Days of Birth#

The most critical factor in this process is the deadline. If a child of a Permanent Resident is born in Japan and intends to continue residing in the country, an application must be submitted to the regional Immigration Services Bureau within 30 days of the date of birth.

This procedure is legally distinct from a standard “Change of Status of Residence.” It is classified as an “Application for Permission to Acquire Status of Residence” (Zairyu Shikaku Shutoku Kyoka Shinsei).

Legally, a child born to foreign parents in Japan has no status of residence at the moment of birth. However, the Immigration Control Act provides a special exception allowing the child to stay in Japan without a visa for 60 days following birth. Despite this 60-day grace period, if the goal is to obtain “Permanent Resident” status directly, the application must be filed within the shorter 30-day window.

Risks of Missing the 30-Day Deadline#

If the application is submitted after 30 days but within the 60-day grace period, the Immigration Bureau will generally not grant “Permanent Resident” status immediately. Instead, the child will typically be granted the status of “Spouse or Child of Permanent Resident.”

There is a significant difference in stability between “Permanent Resident” and “Spouse or Child of Permanent Resident.” The latter requires the holder to renew their visa every few years (e.g., 1 year, 3 years, etc.). Furthermore, if the child wishes to convert this status to Permanent Residence in the future, they will have to undergo a full examination of their residency history and conduct in Japan. Therefore, to ensure the child possesses the most stable status from the beginning, strict adherence to the 30-day application deadline is essential.

It is also important to note that if 60 days pass without any application or departure from Japan, the child will technically be in a state of overstay (illegal residence), which can lead to severe legal complications.

Required Documents and Screening Criteria#

To apply for Permanent Residence by birth, the following documents are generally required:

Application for Permission to Acquire Status of Residence: The specific form designated by the Immigration Services Agency.
Proof of Birth: An “Acceptance Certificate of Birth Notification” (Shussei Todoke Juri Shomeisho) issued by the municipal office where the birth was registered. The Maternal and Child Health Handbook (Boshi Techo) may also be requested.
Proof of Parents’ Taxation and Tax Payment: Residence tax certificates (taxation and payment) are required to prove the economic stability of the parents.
Letter of Guarantee: Typically, the parent with Permanent Residence acts as the guarantor.
Certificate of Residence (Juminhyo): A copy listing all family members.
Passport: In most cases, a newborn will not yet have a passport. It is permissible to apply without one; the applicant (parent) simply needs to state that the passport is currently unobtainable and present it to the Immigration Bureau once it has been issued by the respective embassy.

During the screening process, the authorities verify whether the parents continue to meet the requirements for Permanent Residence and whether the family has a sufficient economic foundation to live stably in Japan.

Cases Where the Family Leaves Japan Immediately#

If the family intends to leave Japan permanently with the child within 60 days of birth, it is not necessary to acquire a status of residence. The child can legally stay for up to 60 days under the transitional period rules.

However, if there is a possibility that the stay will extend beyond 60 days, or if the child will leave Japan and then re-enter, a status of residence and a Re-entry Permit are required. If re-entry is planned, obtaining the visa and the re-entry permit before departure is mandatory. Given the uncertainties of travel and future plans, applying for the acquisition of status within 30 days is often the safest legal course of action.

Conclusion#

The “Application for Permanent Residence by Birth” for children born in Japan is a time-sensitive procedure. After submitting the birth registration to the municipal office, parents must promptly gather the necessary documents and submit the application to the Immigration Bureau within 30 days of the child’s birth.

Missing this deadline does not mean the child cannot live in Japan, but it likely means losing the opportunity for immediate “Permanent Resident” status, resulting in a status that requires future renewals (“Spouse or Child of Permanent Resident”). Understanding these regulations and acting swiftly ensures the child’s legal stability in Japan from the very beginning.