Impact on Permanent Residence Status in Japan After Committing a Crime#
Permanent residence (PR) status in Japan is a crucial status for foreign nationals seeking a stable life in the country, as it eliminates the need for visa renewals and removes restrictions on activities. However, this status is not absolute. Specifically, committing a crime after obtaining PR can lead to the loss of this status and a deportation order from Japan.
This article provides an objective explanation of the legal measures taken when a permanent resident commits a crime, detailing the specific cases that can lead to such consequences.
The Difference Between “Revocation of Status” and “Deportation”#
It is essential to first understand the distinction between “revocation of status of residence” (zairyū shikaku no torikeshi) and “deportation” (taikyō kyōsei).
- Revocation of Status of Residence (Immigration Control Act, Article 22-4): This procedure is primarily applied when there were flaws in the original application, such as providing false information or fraudulent documents. It is rare for a crime committed after obtaining PR to fall directly under these grounds for revocation.
- Deportation (Immigration Control Act, Article 24): This is a procedure to forcibly remove a foreign national from Japan, against their will, for acts that significantly harm Japanese law and public order. When a permanent resident commits a crime, it is this deportation framework that primarily comes into play.
Since permanent residents are not required to renew their status of residence, they cannot lose their status due to poor conduct during a renewal process. Instead, if they commit certain serious crimes, they become subject to deportation proceedings.
Criminal Offenses Subject to Deportation#
Article 24 of the Immigration Control and Refugee Recognition Act specifies the grounds for deportation. Even a permanent resident will be subject to deportation if convicted of any of the following offenses.
1. Sentenced to Imprisonment for Over One Year This is the most common provision applied. Regardless of the type of crime—be it a traffic offense (e.g., dangerous driving causing death or injury), assault, theft, or fraud—if the sentence is “imprisonment with or without work for a term exceeding one year,” it becomes grounds for deportation.
A critical point is that this includes cases with a suspended sentence (shikkō yūyo). The notion that “I don’t have to go to prison, so I am safe” is incorrect. The moment a sentence of over one year of imprisonment is handed down, the individual becomes subject to deportation proceedings.
2. Convicted of a Drug-Related Offense Anyone convicted of violating laws related to narcotics, cannabis, stimulants, or opium is subject to deportation, regardless of the severity of the sentence. Drug offenses are treated with extreme severity in Japan due to their perceived significant negative impact on society. Even a first-time offense or possession of a small amount can lead to deportation if it results in a conviction.
3. Engaged in Prostitution-Related Activities Engaging in activities such as “soliciting persons to be a client for prostitution in a public place” or “arranging prostitution,” as defined in the Anti-Prostitution Act, are also grounds for deportation.
4. Other Serious Crimes Certain grave crimes that have a major impact on society are also specified as grounds for deportation. These include crimes related to insurrection, foreign aggression, murder, robbery, and arson.
Deportation Procedures and the Possibility of Special Permission to Stay#
Falling under the grounds for deportation does not mean automatic removal from the country. The process begins with an investigation by an immigration control officer. If it is determined that the grounds for deportation are met, the case proceeds to a hearing by an immigration inspector and an oral hearing by a special inquiry officer.
During these proceedings, even if the individual admits to the violation, they can apply to the Minister of Justice for “Special Permission to Stay” (zairyū tokubetsu kyoka). This is a discretionary system where, despite the existence of grounds for deportation, an individual may be exceptionally permitted to remain in Japan due to special circumstances.
The Minister of Justice makes a comprehensive and discretionary decision based on the following factors:
- Length of Residence and Life in Japan: A longer period of residence and a stable foundation in Japan (e.g., family, job) are considered favorable factors.
- Family Ties: Humanitarian considerations, such as having a Japanese spouse or child, or other family members with permanent residence.
- Nature and Severity of the Crime: The seriousness of the offense and its impact on society.
- Degree of Remorse and Potential for Rehabilitation: Whether the individual shows deep remorse and a strong will to not re-offend.
- Contributions to Japanese Society: Past and potential future contributions to the community.
The fact that an individual is a permanent resident indicates strong ties to Japanese society and tends to be a positive factor in the consideration for Special Permission to Stay. However, if the crime is deemed particularly malicious or antisocial, even a permanent resident may be denied this permission and face deportation.
Conclusion#
Permanent residence is a valuable right for foreign nationals living in Japan, but it is contingent upon compliance with Japanese laws and social norms. Even with PR status, committing a serious crime can subject an individual to deportation proceedings, risking the loss of a life built over many years. It is crucial to always be aware that offenses leading to “imprisonment for over one year (including suspended sentences)” and “drug-related crimes” are major risk factors for losing permanent residence, and to act responsibly at all times.