News Stricter rules for foreigners with permanent residency

[thomas]

The Japanese government is contemplating changes to the Immigration Control and Refugee Recognition Law to revoke the permanent residency status of foreign nationals who fail to meet their tax and social security obligations. As the number of foreign residents in Japan continues to rise, the government seeks to optimize the permanent residency system by taking more decisive action against those not fulfilling their legal responsibilities. Permanent residency status grants individuals the freedom to reside in Japan without any restrictions on the duration of their stay or their field of employment. Foreign nationals who have lived in Japan for a specified period can apply for this status, subject to approval by the Justice Minister.

The number of such residents has been on the rise since around the 2000s, reaching approximately 880,000 as of the end of June 2023. They accounted for about 27 per cent of all foreign residents in Japan. The immigration control law stipulates that permanent residents must be of "good conduct" and have "sufficient assets or ability to make an independent living." The government's guidelines for permanent residency permits include the following: In principle, the applicant has resided in Japan for at least 10 years; the applicant has not been imprisoned or fined; and the applicant has fulfilled official obligations such as paying taxes and social security contributions. However, the requirements for revoking the status are limited to cases such as obtaining permission with false contents or means and giving a false address.

The immigration control law stipulates that permanent residents must be of "good conduct" and have "sufficient assets or ability to make an independent living."

I wonder how this passage is being interpreted. Will foreign residents who slide into poverty lose their status and eventually be deported?

Foreigners with permanent residency could face stricter rules | The Asahi Shimbun: Breaking News, Japan News and Analysis

 

[mdchachi]

The immigration control law stipulates that permanent residents must be of "good conduct" and have "sufficient assets or ability to make an independent living."

I wonder how this passage is being interpreted. Will foreign residents who slide into poverty lose their status and eventually be deported?

Sounds like a reasonable interpretation. I guess they should get their Japanese citizenship before becoming homeless.

 

[thomas]

Some doubt the consistency of Japan's immigration policies:

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[Petaris]

Or some just don't understand it and that there are many others similar to it.

The US permanent resident policy really isn't any different on these two items. Whether or not it gets enforced is another question.

 

[thomas]

Revoking the visa status of permanent residents in case of nonpayment of taxes has led to contentious debates in the Diet. The suggested change in the law would permit the cancellation of permanent residency for foreign nationals who deliberately neglect their tax and social security obligations. The government has found itself at a loss in responding to an inquiry from a member of the opposition regarding this matter. The discourse has centred around a proposed bill to overhaul existing legislation and establish a novel system for training foreign workers. This system would serve as a successor to the present Technical Intern Training Program. The clause concerning the withdrawal of permanent residency has been a focal point of criticism from opposition factions.

[...] the proposal has sparked criticism from some opposition parties, which argue that there was no basis for revising the laws as no statistics existed on nonpayment by permanent residents. In response, the Immigration Services Agency of Japan produced the results of a sample survey on May 8. Based on applications for permanent residence status for children born to permanent residents, the agency examined 1,825 cases for which screening was completed between January and June 2023, and found that there were 235 cases of nonpayment by the permanent residents providing for those children. In the sample survey, the rate of nonpayment of the national pension premiums was a little over 10%. According to the Ministry of Health, Labor and Welfare, the final nonpayment rate for the pension plan for the entire country in fiscal 2020 was just under 20%.

Revocation of permanent residence status in contention in Japan Diet talks - The Mainichi

TOKYO -- A proposed legal amendment that would allow permanent residence permits to be revoked if foreign residents in Japan intentionally fail to pay

mainichi.jp

 

[Majestic]

When Jake says, "we will take it away on a whim" in reference to Japan's permanent residency policy, I wonder what exactly is the "whim".

I think Jake is relying a bit too much on schtick nowadays. The gaijin insider who can point out Japan's flaws because he knows the real Japan. In a way, he's got the best of both worlds: he can pander to everyone's yakuza fantasy/fetish, and can also wag his finger at the Japan who falls short of expectations. I'm jealous. He's done well with the first. But the second is too predictable for me.

Has Japan's immigration department ever revoked anyone's permanent residency "on a whim"?
If so, does it happen often enough that it is a real problem for foreigners? A system of such caprice that you can find a note in your mailbox one day commanding you to leave the country, just because of someone's whim?

 

[thomas]

I'm unsure how common the willful non-payment of taxes is. And this being Japan, you could probably get away by claiming it wasn't "intentional". However, some foreign residents voiced their concerns over the new law:

The bill to revise related laws to create a new foreign worker training system to replace the current Technical Intern Training Program was passed in a plenary session of Japan's lower house on 21 May, and deliberations in the upper house began on 24 May. In the proposed amendment, the Japanese government has stipulated that permanent resident status will be revoked in cases such as intentional failure to pay taxes or social insurance premiums or when a foreigner is convicted of certain criminal offences. The government aims to tighten the rules in anticipation of an increase in the number of foreigners who will stay in the country for extended periods through the worker training system. In a news conference in Osaka by foreign nationals living in west Japan's Kansai region, Aung Myat Win from Myanmar said, "Everyone makes mistakes. Our obligation to pay taxes is the same as that of the Japanese, so why will only foreigners receive heavy penalties if they fail to pay taxes?" The 49-year-old had been involved in the democracy movement in his home country since he was a teenager and came to Japan fearing oppression. He was detained at the Higashi-Nihon Immigration Center in Ushiku, Ibaraki Prefecture, for two years but was recognized as a refugee in 2004.

Some opposition parties have objected to the cancellation clause during debates in the Lower House. In response, Justice Minister Ryuji Koizumi stated that the clause is unlikely to affect most law-abiding foreign permanent residents significantly. During the discussions on amendments between the ruling and opposition parties, a consensus was reached to add a clause to the additional provisions. This clause mandates careful consideration of the immigrant's living situation when rescinding their permanent residency.

The Japan Federation of Bar Associations publicly disagreed with the clause in March, arguing that it could strip immigrants and their families of their stable living conditions. Additionally, the nonprofit organization Solidarity Network with Migrants Japan presented 40,947 signatures against the clause to the Justice Ministry on 15 May.

Foreigners in Japan slam bill provision on revoking permanent residency - The Mainichi

OSAKA -- Permanent residents of Japan on May 23 slammed a provision in a new bill that would allow revocation of permanent residency if a foreign citi

mainichi.jp

 

[thomas]

Ethnic Koreans and Chinese in Japan are protesting a proposed amendment to the Immigration Control and Refugee Recognition Law. The amendment would make it easier to revoke permanent residency status for foreign residents.

Under the revisions, permanent residents could lose their status if they fail to pay taxes and social security premiums or commit crimes. Approximately 890,000 permanent residents could be affected by this change. The protesters argue that passing this bill would unfairly destabilize their status and create fear among permanent residents and their families. The rally was organized by the pro-Seoul Korean Residents Union in Japan (Mindan). It took place in Tokyo on 6 June, outside the building housing the offices of Upper House members currently discussing the bill.

Permanent residents follow the law and pay taxes just like Japanese citizens," said Jeon Heung-bae, who heads another pro-Seoul ethnic Korean group. "Isn't it discrimination targeting foreigners? The bill needs to be changed." Jeon, from Osaka, has lived in Japan for 27 years and obtained permanent residency 15 years ago. The previous day, ethnic Chinese and their supporters held a news conference in Yokohama to protest the bill. Takeshi Iwata, president of the Kanagawa Bar Association, criticized a provision in the proposed amendment allowing authorities to revoke permanent residency from residents convicted of crimes, even those with short or suspended sentences. "The amendment imposes double punishment on permanent residents and destabilizes the status of those who have built Japanese society together," Iwata said. Zeng Deshen from the Yokohama Overseas Chinese Association said the legislation sends a disturbing message. "The bill violates the human rights of foreigners and tells them they are not welcome," he said. "It is a matter of Japan's international credibility." Zeng, born in Yokohama, has roots in China's Guangdong province through his father.

Protesters attack bill on revoking permanent residency status | The Asahi Shimbun: Breaking News, Japan News and Analysis

Resistance also from the Kanagawa Bar Association:

Foreign nationals and the head of the Kanagawa Bar Association expressed opposition to a proposed change in Japan's immigration law that would make it easier for foreigners' permanent resident status to be revoked. Bar president Takeshi Iwata stated that it is unacceptable to deprive permanent residents of stability in their daily lives and life plans due to minor violations of laws and regulations. He also pointed out that nonpayment of taxes and offences with penalties at the imprisonment level are dealt with under the law regardless of nationality. Still, the revised bill "is nothing more than double sanctions for permanent residents."

Lawyer, foreign nationals denounce Japan bill on permanent residence revocation - The Mainichi

YOKOHAMA -- Foreign nationals and the head of the Kanagawa Bar Association at a press conference here on June 5 expressed opposition to a proposed cha

mainichi.jp

 

[Majestic]

That is a reasonable argument. I think there should be some accommodation made for people who were born and grew up here, whose foreign status is due to a trick of fate. Minors, too, ought to be exempt, obviously. And there ought to be clarity on the how the revocation of status would be applied. There should be some sensible escalation to an eventual revocation. First violations, or minor violations (less than $5k or something) should be dealt with by setting up a payment schedule or fines for people who have money, but just ignored their minor tax obligations because they felt it was too small to worry about. Instant banishment is definitely drastic for someone who gets tripped up by the complicated tax system.

But foreigners who are trying to grift the system - for some reason these guys arouse the same reaction in me as Johnny Somali. Guys who use Japan as a backdrop for crime or outrageous behavior because they think crimes don't count in Japan.