Introduction

Among foreign nationals living in Japan, some may be considering obtaining or renewing a Long-Term Resident visa while receiving public assistance due to unavoidable circumstances. Many people have concerns such as “Can I not obtain a Long-Term Resident visa if I’m receiving public assistance?” or “Will my renewal be denied?” This article provides a detailed explanation of the impact of receiving public assistance on Long-Term Resident visa screening and specific countermeasures, based on official information from the Immigration Services Agency and the Ministry of Health, Labour and Welfare.

What is a Long-Term Resident Visa?

The Long-Term Resident visa (status of residence: “Long-Term Resident”) is a status of residence granted by the Minister of Justice to persons who are permitted to reside in Japan for a specified period of stay in consideration of special reasons. This includes persons of Japanese descent and their spouses, those who have divorced or been widowed from a spouse who is a Japanese national or permanent resident, and foreign nationals who have custody of and are raising children who are Japanese nationals.

There are two types of Long-Term Resident visas: “designated Long-Term Residents” and “non-designated Long-Term Residents,” each with different requirements. Designated Long-Term Residents have clearly defined requirements in Ministry of Justice notifications, while non-designated Long-Term Residents are cases recognized as requiring humanitarian consideration based on individual circumstances.

Impact of Receiving Public Assistance on Screening

Relationship with Independent Living Requirements

The “Guidelines for Permission to Change Status of Residence and Extend Period of Stay” published by the Immigration Services Agency lists “having assets or skills sufficient to maintain an independent livelihood” as a consideration for screening.

Specifically, it is required that “the person is not a burden on public resources in daily life and stable living in the future is expected based on the assets or skills possessed” (this may be recognized on a household basis). If receiving public assistance, there is a possibility of being judged as not meeting this requirement.

Impact on Status of Residence Renewal

While receiving public assistance itself does not directly lead to revocation of a Long-Term Resident visa, “whether the basis of life is stable” is emphasized when renewing or changing status of residence. If receiving protection for a long period, there is a possibility that visa extension will become difficult at the time of future status of residence renewal.

However, the guidelines state that “even if there is a burden on public resources, if there are humanitarian reasons for permitting residence, those reasons will be fully considered in the judgment”. This means that even while receiving public assistance, there is a possibility of approval if there are humanitarian reasons or special circumstances.

Cases Where Approval is Possible Even While Receiving Public Assistance

Custody and Raising of Japanese National Children

If raising children who are Japanese nationals, there are cases where changes to Long-Term Resident visa have been approved if the person has parental rights and a record of actually raising the children. Even while receiving public assistance, there are cases where residence is permitted in consideration of the welfare of the children.

Temporary Financial Hardship

If receiving public assistance due to temporary circumstances such as illness, injury, or unemployment, and employment prospects or income recovery can be expected, there is a possibility of approval by explaining this.

Support from Spouse

Even if the individual is receiving public assistance, if a cohabiting spouse has stable income and the livelihood is maintained as a whole household, it may be evaluated on a household basis.

Countermeasures Required in Screening

Presentation of Specific Plans for Self-Reliance

When applying for or renewing a Long-Term Resident visa while receiving public assistance, the most important thing is to present a “specific rebuilding plan toward self-reliance”.

The following materials are effective:

• Records of job hunting activities or job offer notifications
• Plans for vocational training or qualification acquisition
• Materials showing future income prospects
• Plans for escaping from public assistance

Preparation of Detailed Statement of Reasons

It is recommended to prepare and submit a detailed statement of reasons explaining why you came to receive public assistance, the circumstances and current situation, and future life plans. It is important to provide explanations based on objective facts and in line with the purpose of the Immigration Control Act.

Explanation of Circumstances Requiring Humanitarian Consideration

If there are circumstances requiring humanitarian consideration such as domestic violence (DV) from a spouse, illness or disability, or child-rearing, it is effective to attach materials proving those facts (medical certificates, records of consultations with police, divorce mediation documents, etc.).

Risks of Concealing the Fact of Receiving Public Assistance

Applying without declaring the fact of receiving public assistance carries serious risks. Immigration authorities can confirm receipt status through information sharing with municipalities, so if false declarations are discovered, not only will the application be denied, but it may also adversely affect future applications.

Honestly declaring the situation and presenting a plan for self-reliance makes it easier to gain the understanding of immigration examiners.

Summary

While receiving public assistance may make obtaining or renewing a Long-Term Resident visa more difficult, it is not absolutely impossible. What is important is to carefully explain that it is a temporary state of financial hardship, specific plans for self-reliance, and special circumstances requiring humanitarian consideration, along with objective materials.

Particularly if there are humanitarian reasons such as custody and raising of children who are Japanese nationals or DV victimization, there is a possibility of approval by properly proving those facts. Since Long-Term Resident visa applications while receiving public assistance require complex judgments, if you have concerns, we recommend consulting with a specialist such as an administrative scrivener.