Introduction

For foreign residents wishing to live in Japan long-term, the status of “Permanent Resident” is highly desirable. However, if you have a minor criminal record, such as for shoplifting, you may wonder: “Can I still apply for permanent residency?” or “How long should I wait before reapplying?” This article provides accurate, up-to-date information based on official guidelines from the Ministry of Justice and expert opinions.

Impact of a Criminal Record on Permanent Residency Applications

Legal Requirements for Permanent Residency

The main requirements for permanent residency (as per Article 22 of the Immigration Control and Refugee Recognition Act) are:

• Good conduct
• Sufficient assets or skills to maintain an independent livelihood
• The applicant’s permanent residency must be deemed in Japan’s national interest

Of these, “good conduct” and “national interest” are particularly relevant to criminal records.

If You Have a Minor Criminal Record (e.g., Shoplifting)

Receiving a fine for a minor offense like shoplifting does not automatically disqualify you from applying for permanent residency. However, having a criminal record means your application will be reviewed more strictly. In particular, if you have received a fine or imprisonment, you generally cannot apply until a certain period has passed.

Handling of Fines

• If you received a fine, you may become eligible to apply for permanent residency after at least five years have passed since the fine was paid.
• If less than five years have passed, your application will generally not be accepted.
• If you have repeated similar offenses, your application may still be denied even after five years.

Imprisonment or Suspended Sentence

• For imprisonment or a suspended sentence, you must wait at least ten years after completing your sentence before applying.

Minor Traffic Violations

• If you have only minor traffic violations (e.g., a few fines for running a red light or illegal parking), this generally does not affect your application.
• However, if you have received a criminal fine (red ticket) or accumulated enough violations to result in a license suspension or fine, you must wait at least five years.

Timing for Reapplication After a Denial

If You Received a Fine

• You can reapply for permanent residency after five years have passed since paying the fine.
• During these five years, it is crucial to follow the law and fulfill all public obligations, such as paying taxes and social insurance premiums.
• When reapplying, it is recommended to submit a letter of reflection and supporting documents, such as a driving record certificate, to strengthen your case for good conduct.

Important Points When Applying

• Even after the required period has passed, approval is not guaranteed. The screening will be stricter than for applicants without a criminal record.
• It is advisable to consult an expert before applying to receive guidance tailored to your individual circumstances.

Example Case

For example, if a foreign resident received a fine for shoplifting several years ago, has had no further offenses for more than five years, and has properly paid taxes and social insurance premiums, they may be able to apply for permanent residency. When applying, it is important to submit a letter of reflection and documents proving good conduct during the five-year period.

Summary

• Even if you have a minor criminal record such as shoplifting, you may have a chance to apply for permanent residency after a certain period (five years for a fine, ten years for imprisonment).
• During this period, it is important to comply with the law and fulfill public obligations.
• When applying, submit a letter of reflection and supporting documents to demonstrate good conduct.
• Individual circumstances vary, so consulting an expert is recommended.