Permanent Residence Revocation System

What is the Permanent Residence Revocation System

The permanent residence revocation system is a system newly introduced by the 2024 amendment to the Immigration Control and Refugee Recognition Act (Immigration Control Act). Under this system, it has become possible to revoke the permanent residence of permanent residents who fall under certain grounds.

Previously, once permanent residence was obtained, it could not be revoked unless the holder fell under grounds for deportation. However, the existence of some permanent residents who intentionally failed to pay taxes or social insurance premiums and did not fulfill their public obligations became a concern, and this system was established with the aim of properly managing permanent residence.

This system will apply from the enforcement date after the promulgation of the amended Immigration Control Act of 2024. It is important for those who have obtained permanent residence, as well as those considering applying, to properly understand the grounds for revocation and the procedures involved.

Background and Purpose of the Revocation System

The permanent residence revocation system was introduced against the backdrop of the following social issues.

Non-fulfillment of Public Obligations

Cases were reported of permanent residents intentionally failing to pay taxes (such as resident tax and income tax) and social insurance premiums (such as National Health Insurance premiums and National Pension premiums). Such non-fulfillment of public obligations was seen as undermining the fairness of Japanese society.

Proper Management of Permanent Residence

Permanent residence is premised on the holder being stably settled in Japanese society and fulfilling their public obligations. However, under the previous system, even if a permanent resident neglected their public obligations after obtaining permanent residence, they could maintain their status of residence as long as they did not fall under grounds for deportation. With the introduction of the revocation system, permanent residents are now required to continue fulfilling their public obligations even after obtaining permanent residence.

Purpose of the System

The main purposes of this system are as follows.

• To ensure the fulfillment of public obligations by permanent residents
• To maintain the credibility and fairness of the permanent residence system
• To protect the rights of permanent residents who comply with the rules of Japanese society
• To enable appropriate responses to fraudulent acts such as violations of the Immigration Control Act

Grounds for Revocation of Permanent Residence

The main grounds under which permanent residence may be revoked are as follows.

Intentional Tax Delinquency

Intentional failure to pay taxes such as resident tax and income tax constitutes grounds for revocation. The important point here is the requirement of "intentional" non-payment. Temporary delays in payment due to financial difficulties or unavoidable circumstances do not immediately constitute grounds for revocation. It is the deliberate failure to pay that is considered problematic.

Intentional Social Insurance Premium Delinquency

Intentional failure to pay social insurance premiums such as National Health Insurance premiums and National Pension premiums also constitutes grounds for revocation. As with taxes, only "intentional" delinquency is targeted, and it is distinguished from temporary delinquency due to financial difficulties.

Violations of the Immigration Control Act

Violations of notification obligations prescribed by the Immigration Control Act also constitute grounds for revocation. For example, this includes cases where a person fails to notify a change of address, or fails to report changes to the information recorded on their Residence Card.

Obtaining Permanent Residence Through False Statements or Fraudulent Means

If it is discovered that false statements were made or fraudulent means were used to obtain permanent residence at the time of application, this constitutes grounds for revocation. While this was previously stipulated as grounds for revocation of status of residence in general, it has now been made explicitly applicable to permanent residence as well.

Revocation Procedures and Process

The revocation of permanent residence is carried out through the following procedures.

Investigation and Fact-Finding

When the Immigration Bureau becomes aware of facts that may constitute grounds for revocation, an investigation is conducted. Through information sharing with relevant agencies (municipal offices, tax offices, pension offices, etc.), the payment status of taxes and social insurance premiums is verified.

Opportunity to State Opinions

When revoking permanent residence, the permanent resident in question is given an opportunity to state their opinions. This is an important process to ensure the fairness of administrative procedures. The permanent resident can explain the reasons for delinquency and their intention to make improvements.

Revocation Decision

Based on the investigation results and the content of the opinion hearing, the Minister of Justice decides whether to revoke the permanent residence. If revocation is decided, the permanent resident's status of residence will be changed to another status of residence (such as Long-Term Resident), or they may be asked to leave the country.

Change of Status of Residence

Even if permanent residence is revoked, it does not immediately result in deportation. In many cases, a change to another status of residence such as "Long-Term Resident" may be permitted. However, whether a change of status of residence is permitted depends on the individual circumstances of each case.

Important Points to Avoid Revocation

To avoid revocation of permanent residence, please pay attention to the following points.

Reliable Payment of Taxes

Make sure to pay taxes such as resident tax and income tax by the deadline. If payment is difficult, consult with your municipal office or tax office and consider using installment payment plans or deferment systems. It is also important to keep records of your consultations.

Reliable Payment of Social Insurance Premiums

Make sure to pay social insurance premiums such as National Health Insurance premiums and National Pension premiums by the deadline. If you are experiencing financial difficulties, reduction or exemption systems may be available. Please consult with your pension office or municipal office.

Compliance with Notification Obligations

Make sure to submit notifications required by the Immigration Control Act, such as changes of address and changes to information recorded on your Residence Card, within the prescribed deadlines. If you move, you must notify the municipal office of your new address within 14 days.

Proper Management of Your Residence Card

Always carry your Residence Card and complete the renewal procedures within the validity period. The validity period of a permanent resident's Residence Card is 7 years. Renewal applications can be submitted from 2 months before the expiration date.

Consulting Professionals

If you have concerns about paying taxes or social insurance premiums, or if you have questions about notification obligations under the Immigration Control Act, we recommend consulting with professionals such as an administration scrivener or lawyer as early as possible. It is important to address issues before they become serious.

Summary

The permanent residence revocation system introduced by the 2024 amendment to the Immigration Control Act is an important institutional change that requires permanent residents to fulfill their public obligations. While intentional delinquency of taxes and social insurance premiums and violations of the Immigration Control Act constitute grounds for revocation, temporary delinquency due to financial difficulties does not immediately lead to revocation.

To maintain permanent residence, it is important to reliably pay taxes and social insurance premiums, comply with notification obligations, and properly manage your Residence Card. If payment is difficult, do not leave the situation unattended — consult with the relevant agencies and consider using installment payment plans or reduction and exemption systems.

If you have concerns about the permanent residence revocation system, or if you are worried about your tax or social insurance premium payment status, please feel free to consult with a professional.