Introduction

Foreign nationals who have a criminal record, such as a conviction, fine, or suspended sentence, often worry that they can never obtain or renew the status of residence “Long-Term Resident.”
In practice, having a criminal record does not automatically mean your application will be rejected, but it will certainly make the examination stricter and requires more careful preparation than usual.

This article explains, based on information and guidelines published by the Immigration Services Agency of Japan, what points are examined when a person with a criminal record applies for Long-Term Resident status and what you should prepare in practice.

What Is “Long-Term Resident”?

The Immigration Services Agency defines “Long-Term Resident” as a status granted to a person who is allowed to reside in Japan for a designated period “by taking into account special circumstances” at the discretion of the Minister of Justice.
Typical examples include third-country resettled refugees, people of Japanese descent (such as third-generation Japanese), and Chinese remaining Japanese and their families, whose residence is based on humanitarian or international considerations.

The period of stay is individually designated as 5 years, 3 years, 1 year, or 6 months, and the length may also change upon renewal, depending on the comprehensive assessment.
In addition, like “Permanent Resident,” “Spouse or Child of Japanese National,” and “Spouse or Child of Permanent Resident,” the status “Long-Term Resident” allows work without restriction on job category.

Basic Examination Framework for Long-Term Resident Applications

For change and extension of status of residence, the Immigration Services Agency has published guidelines stating that permission is granted only when there are sufficient reasons for the Minister of Justice to find it appropriate.
Applications for Long-Term Resident status (change or extension) are also assessed within this framework of “appropriateness.”

The main examination points include the following elements.

• Good behavior and conduct (criminal record, history of violations, daily lifestyle)
• Stable livelihood (income, actual employment, tax payment status)
• Consistency between the actual activities or family relationship and the claimed status
• Necessity of residence in Japan (family situation, ties with Japan, children’s schooling, etc.)

If you have a criminal record, the assessment of “good behavior and conduct” becomes particularly strict, and other factors are also examined comprehensively.

“Good Behavior and Conduct” and Criminal Records

The guideline on permanent residence explains “good behavior and conduct” as “observing laws and leading a life in which one is not subject to social criticism as a resident in everyday life.”
This concept is also referred to in the examination of other statuses of residence, including Long-Term Resident, and the presence and details of a criminal record or other violations are important factors.

Practical standards for Long-Term Resident status treat a person as not having good behavior and conduct in cases such as the following.

• The person has been sentenced to imprisonment, penal servitude, a fine, or equivalent under Japanese or foreign laws
• The person is currently under protective measures under the Juvenile Act
• The person repeatedly commits illegal acts or socially problematic acts in everyday or social life
• The person has engaged in fraudulent acts to obtain certificates or permissions under the Immigration Control Act, or has arranged illegal employment

However, where a certain period has passed since the completion of the sentence of imprisonment, penal servitude, or fine, such sentences may be treated as not affecting the assessment of good behavior and conduct.
Thus, the existence of a criminal record does not automatically make an application impossible; the type and seriousness of the crime, the time elapsed, and whether similar acts have been repeated are assessed comprehensively.

Key Points in Cases Involving Criminal Records

When a Long-Term Resident application involves a criminal record, the following points are particularly important in practice.

• Nature and type of the offense (violence, drugs, theft, fraud, traffic offense, etc.)
• Severity of the penalty (imprisonment, fine, suspended sentence, etc.)
• Time elapsed since the offense and the presence or absence of reoffending
• Current living situation (stable employment, cohabitation with family, tax compliance)
• Rehabilitation and remorse (statement of reflection, changes in lifestyle, relapse prevention measures)

Drug offenses and serious violent crimes are listed as grounds for refusal of landing under the Immigration Control Act and tend to be examined strictly for those already residing in Japan as well.
On the other hand, for minor violations or fines where a long period has passed with no further offenses and a stable life, some expert sources explain that permission may be granted depending on the circumstances.

How to Declare Your Criminal Record in the Application Form

Application forms for change or extension of status of residence and for issuance of a Certificate of Eligibility include a section asking whether you have been punished due to a crime, “including traffic violations.”
You are required to declare criminal records not only in Japan but also overseas, and if false information is discovered, your status of residence may be revoked and you may be subject to deportation and criminal penalties.

If you have a criminal record in your home country, you may also be required to submit a police certificate (criminal record certificate or Police Clearance Certificate), and the procedures and timeframes differ from country to country.
Although some people may think that not declaring the record will be advantageous, the immigration authority has access to certain types of information, so it is essential to disclose disadvantageous facts honestly and provide adequate explanations.

Documents and Explanations That Are Practically Effective

In cases involving a criminal record, it is often useful to submit, in addition to the basic application documents, the following materials where appropriate.

• A statement of reflection written by the applicant (when, where, and how the offense occurred, what was wrong, and specific measures to prevent recurrence)
• Documents showing current employment (employment contract, certificate of employment, pay slips, tax certificates)
• Documents showing family circumstances (family registry, residence records, children’s school certificates, spouse’s income documents)
• Proof of participation in social or community activities (certificates of volunteer work, etc.)
• Letters of support or petitions from family members or employers explaining their support for the applicant

By submitting these materials, you can explain with both objective documents and your own words that you are now leading a stable life, that the risk of reoffending is low, and that it is necessary for you to continue living in Japan.
Rather than relying on a generic template, you should describe the concrete facts of your own case so that the examiner can understand the situation clearly.

Example Scenario: Long-Term Resident Application After a Fine

Consider a case where a foreign national residing as a spouse of a Japanese national once received a fine for a minor theft, but has not reoffended for several years and is living a stable family life.
In such a case, the immigration authority will examine the nature of the offense, the degree of punishment, the time elapsed, and the current living situation in a comprehensive manner when considering whether to allow a change to Long-Term Resident status or to extend the period of stay.

For the application, it is important to submit the applicant’s detailed statement of reflection, explanations of support from the Japanese spouse, documents showing continuous employment and tax payment, and evidence of the children’s schooling.
Even where the label “criminal record with a fine” is the same, the evaluation in examination can differ greatly depending on the seriousness of the offense and how the applicant rebuilt his or her life afterward.

When You Should Consult a Specialist

You should consider consulting an immigration specialist, such as a gyoseishoshi (administrative scrivener), before filing your application on your own in situations like the following:

• You have received relatively heavy criminal penalties, such as imprisonment, penal servitude, or a suspended sentence
• You have multiple offenses or serious crimes, including drug or violent crimes
• Your case may also involve special permission to stay (zairyu tokubetsu kyoka) or special permission to land
• You are unsure what to declare and what documents to prepare

While the Immigration Services Agency publishes detailed guidelines for permanent residence, individual decisions on Long-Term Resident and other statuses still involve a large discretionary element.
Therefore, even cases that appear similar may result in different outcomes, and where a criminal record is involved, it is especially important to organize the facts and plan how to present and prove your case.

Conclusion

Having a criminal record does not automatically make it impossible to obtain or renew Long-Term Resident status, but it certainly affects the assessment of “good behavior and conduct.”
The authorities examine the nature of the offense, the severity of the penalty, the time elapsed, the current lifestyle, and the degree of rehabilitation in a comprehensive manner to decide whether to approve your application.

When applying, you should declare your criminal record truthfully in the application form and carefully explain your present life and the necessity of staying in Japan through a statement of reflection and supporting documents such as employment and family records.
If your situation is complex or involves a serious offense, it is advisable to seek advice from a specialist at an early stage and prepare your documents according to a clear strategy.