Introduction
Many foreign residents in Japan wonder, “Can I change to Long-Term Resident status (在留資格『定住者』) even if I have a criminal record?” While it’s true that criminal history can impact the evaluation process, approval is not impossible. In this article, we explain, based on official information from the Immigration Services Agency of Japan, the cases in which approval is possible and practical measures to improve your chances.
What Is Long-Term Resident Status?
The Long-Term Resident visa is granted under Article 22-2 of the Immigration Control and Refugee Recognition Act, allowing the Minister of Justice to approve residence for special reasons. It is often given to third-generation Nikkei, Chinese war orphans, and those previously married to Japanese nationals.
How Criminal Records Affect Evaluation
According to the Ministry’s guidelines, applicants must maintain “good conduct”. This includes having no significant criminal or administrative violations. Serious crimes or sentences over one year are major negative factors, but lighter infractions such as minor traffic fines generally do not lead to rejection.
When Approval May Be Granted
- Minor offenses: Only small fines or misdemeanors with low social impact.
- Evidence of rehabilitation: Years of good conduct and stable life after conviction.
- Family or humanitarian reasons: Marriage to a Japanese spouse or raising children in Japan.
When Approval Is Difficult
- Heavy sentences (imprisonment exceeding one year).
- Drug-related convictions (Article 5, Paragraph 1, Item 5 of the Act).
- Serious social offenses such as forgery or human trafficking.
Key Strategies
- Show rehabilitation: Submit written explanations detailing reflection and reform activities.
- Prove stability: Provide evidence of stable employment and family life in Japan.
- Consult experts: Professional representation by an administrative scrivener can help prevent errors in your application.
Conclusion
Having a criminal record does make obtaining Long-Term Resident status more difficult, but not impossible. Every case is evaluated comprehensively based on the details of the crime, behavior after conviction, and family or social ties. Accurate, honest documentation is critical to proving rehabilitation and securing approval.
