"Right" or "Permission"? Permanent Residence and Japan's Status of Residence

A while ago, a debate drew a lot of attention in Japan. On May 19, 2026, Kimi Onoda, Minister of State for Economic Security, said: "Our country has no right of permanent residence. Permanent residence is not a right; it is permission for permanent residence." So what does the law actually say? Here is my view.

"Permanent Resident" is a status of residence

First, "Permanent Resident" is one of Japan's statuses of residence (zairyu shikaku). So what is a status of residence?

Japan's Immigration Control and Refugee Recognition Act (the "Immigration Control Act") manages foreign nationals' stay in Japan through a range of statuses of residence. A status of residence is a legal position that the state grants by administrative disposition, under the law, allowing a foreign national to carry out specific activities, or to stay with a specific personal status, in Japan.

"Permission" in administrative law

In administrative law, a disposition that lifts a general legal prohibition in a particular case, so that the act becomes lawful, is called "permission" (kyoka).

Japanese law therefore has no legal term "right of permanent residence." Instead, the Permanent Resident status is granted through "permission for permanent residence" under Article 22 of the Immigration Control Act.

在留資格を変更しようとする外国人で永住者の在留資格への変更を希望するものは、法務省令で定める手続により、法務大臣に対し永住許可を申請することができる。

Immigration Control Act, Art. 22(1): a foreign national who wishes to change to Permanent Resident status may apply to the Minister of Justice for permission for permanent residence.

Think of a driver's license. It lets you drive legally, but it can still be revoked for drunk driving or other serious violations. Permanent residence permission and a driver's license are not the same system; the comparison only helps explain the administrative-law idea of permission.

Taiwan's residence system for foreign nationals works in a similar way. Around the world, immigration systems have a great deal in common.

So do permanent residents have no "right" to stay?

I think the real issue is that the word "right" is abstract. The "right" of everyday speech and the "right" debated in law are not always the same concept.

Taiwan's Ministry of Education dictionary defines a right as "an interest that the law provides the people should enjoy." In Japanese legal scholarship, a right generally means a legal position that allows a person to claim or assert a certain interest and to enjoy it.

So the core of this debate is not the legal system itself, but that people read the word "right" at different levels. Those who treat it as a legal term insist on "permission for permanent residence"; those who treat it as everyday language are used to saying "permanent residence right."

Conclusion

As debate over Japan's policies on foreign residents has grown, the phrase "permanent residence right" has come back into focus. But in legal terms, Japan has always managed foreign residents through the status-of-residence system, and that has not changed. That is my view.

Next: are a "status of residence" and a "visa" the same thing?

Understanding Japan through law.

This article provides general legal information, not legal advice on any individual case. Please consult us about your own situation; for disputes or litigation, consult an attorney.