Permanent Residency. What are my chances?

[japanguy]

I have been married to a Japanese woman for just about 15 years and have 5 children. I lived in Japan from 1995 to 2002 and then went back to the states for one year. But then we ended up coming back to Japan and have been here for the about the last 2 years. I have a 3 year spouse visa which will expire next year. What are my odds of getting permanent residency? What do you think? I really hate having to go do the visa thing as I live in the countryside? Awaji Island is where I call home. And I understand that you still have to get re-entry permission but that you can apply a longer duration. How long is the re-entry permission with permanent residency?

Thanks,
Japanguy

[FG Lurker]

The best thing for you to do is call immigration and ask. Even better might be to talk to an immigration lawyer in Osaka or Kobe.

Having said that I'm going to toss in my 2 yen's worth anyway! Did you let your spouse visa lapse when you went home? If not then you will almost certainly have no problems getting PR. If you did then it is a bit murkier... Also of note is that immigration in Japan now has access to federal arrest records etc in the US. Not saying that this will affect you in any way, but if there is a file there they can read it now.

If immigration and/or the lawyer advise you to wait before you apply then you should definitely wait. Once you've been turned down once it is damn hard to get approval later.

I'm waiting for my PR to come through now... Hopefully before the end of March when my current visa runs out.

[Taro Toporific]

And I understand that you still have to get re-entry permission but that you can apply a longer duration. How long is the re-entry permission with permanent residency?

Good news:
The length of a Multiple Re-entry permission now equlas the length of your visa. Therefore, if you buy one Multiple Re-entry permission it lasts the length of your with permanent residency visa: you're FOREVER f'ed. wO0t!

Bad news:
As FG Lurker said, your case is murkier if your spouse visa expired in the States and you only have 2+ years on your current one
.In the eyes if Japanese Immigration you've busted yourself back to buck private, that is, Immigration sees you as JUST a 2 year n00b.
Having said that, Immigration looooves giving permanent residency to folks with Japan-born, half-Japanese children.

[FG Lurker]

And I understand that you still have to get re-entry permission but that you can apply a longer duration. How long is the re-entry permission with permanent residency?

Good news:
The length of a Multiple Re-entry permission now equlas the length of your visa. Therefore, if you buy one Multiple Re-entry permission it lasts the length of your with permanent residency visa: you're FOREVER f'ed. wO0t!

Sadly I don't think this is the case... I think the reentry permits still only last 3 years. Or maybe it is 5?

Would have to be careful about it too -- no visa to go and renew anymore so you could royally fuck yourself if you leave the country not realizing you can't come back in!!! At KIX you can get re-entry permits in an emergency though, but this is not publicized. It's slow enough that you might miss you plane trying to do it anyway.

[Taro Toporific]

And I understand that you still have to get re-entry permission but that you can apply a longer duration. How long is the re-entry permission with permanent residency?

Good news:
The length of a Multiple Re-entry permission now equlas the length of your visa. Therefore, if you buy one Multiple Re-entry permission it lasts the length of your with permanent residency visa: you're FOREVER f'ed. wO0t!

Sadly I don't think this is the case... I think the reentry permits still only last 3 years. Or maybe it is 5?

Saaa, those Immigration assholes changed their rules yet again. Sorry, but for the 10 minutes of the eclipe of the moons of Uranus while I was in the Yokohama Immigration Office they told me that a multiple reentry lasted as long as a perm visa (and I teased them about losing renvue which they giggled neviously about).

Official Ministry of Justice website says
http://www.moj.go.jp/ENGLISH/IB/ib-93.html

3. The Minister of Justice shall determine a period of validity of re-entry permission (including multiple re-entry permission) which shall not exceed 3 years from the date of issue of the permission.
4. The Minister of Justice may, if he finds that a person who has left Japan with re-entry permission has reasonable grounds for not being able to re-enter within a valid period of the permission, grant an extension, upon application, of the period of validity up to a period of 1 year and within 4 years from the issue date of the re-entry permission.

[james]

the whole re-entry permit thing has got to be the biggest cash grab scam they've got going here. is there any other country that requires this?

as for immigration, i've been here for six years, on a one year spousal visa, three years spousal visa and a subsequent three years spousal visa, of which i've got about a year or so left. they'll probably *want* me to apply for perm res the next time i go to renew. as a permanent resident, the gov't can now tax you on your foreign earnings that are paid abroad. being canadian, this is probably to my advantage over paying canadian taxes though..

another thing, sad to say, that determines how long your visas are good for and how easy it is to get perm res status is your country of origin / ethnicity. of course this isn't posted in any "guidelines" and isn't official but the unwritten rule is that people of certain ethnicities from certain "preferred" countries have an easier time of it.

[japanguy]

Yes when I went back I let my visa lapse. So it looks like I only have 2 years. Well I was just wondering if I should apply for permanent residency before I go for visa renewal next year. But maybe I should wait a few years. So is 5 years the magic number?

Japanguy

[FG Lurker]

Yes when I went back I let my visa lapse. So it looks like I only have 2 years. Well I was just wondering if I should apply for permanent residency before I go for visa renewal next year. But maybe I should wait a few years. So is 5 years the magic number?

Japanguy

5 years married to a Japanese while living in Japan seems to be the magic number. But your situation is unusual enough that you should talk to an immigration lawyer or at least call immigration and see what they say...

[FG Lurker]

they'll probably *want* me to apply for perm res the next time i go to renew. as a permanent resident, the gov't can now tax you on your foreign earnings that are paid abroad. being canadian, this is probably to my advantage over paying canadian taxes though..

Even with out PR you still become considered a resident and subject to such taxation after a certain period here.

Also unless you declare yourself a non-resident Canadian you are technically still subject to Canadian taxes too.

[james]

Even with out PR you still become considered a resident and subject to such taxation after a certain period here.

Also unless you declare yourself a non-resident Canadian you are technically still subject to Canadian taxes too.

yeah, i've been non-resident in canada for quite some time now and since i'm self-employed, i have a tax accountant do my taxes. i'm sure he saves me much more (what the j-gov would take me for if i were to be so naive as to do them myself.) than he charges.

my tax accountant also told me that for taxation purposes, i'm a resident. the magic number seems to be four full fiscal years.

[Kurofune]

I'm in the same boat. After six years in Japan, five and a half of them married to my J-wife, I returned to the US last April. My visa expired last January, and it might be another year before I go back to Japan. I also have an overstay on my record, which I hope won't come back to haunt me. I'll run it by immigration when I get back.