Q&A

Immigration Control Procedures for All foreign nationals
   Q&A

Q1.    What are applicable requirements if a newly-arrived foreign national wishes to get permission for landing Japan?

A1.    A foreign national must, in principle, satisfy the following conditions for landing in Japan (Article 7, Paragraph 1 of the Immigration Control Act) before he is permitted to enter the country with the status of residence and period of stay authorized.

The foreign national must hold a valid passport;

A valid visa must be affixed to the passport, unless the foreign national is exempt;

The activities that the foreign national will be engaged in while in Japan as stated in the application must be true and must fall under one of the status of residence categories. (For some of the status of residence categories, the foreign national must, in addition, satisfy the landing permission requirements stipulated by the Ministerial Ordinance to Provide for Criteria pursuant to Article 7, Paragraph 1 (2) of the Immigration Control and Refugee Recognition Act.)

The period of stay as requested in the application must comply with the provisions of the Ministry of Justice Ordinance.

The foreign national must not fall under any of the grounds for denial of landing

Q2.    What is visa?

A.
    Visa is issued at a diplomatic mission abroad. Visa "confirms" the validity of an foreign national's passport and also "suggests" that a visa holder would not pose any problem as long as the visa holder enters a nation in accordance with the conditions specified on the visa.

Q3.     What is the status of residence system?

A.
   Paragraph 1, Article 2-2 of the Immigration Control Act states "An alien may reside in Japan only under a status of residence..." In this relation, Annexed Tables designate 27 categories of resident status of residence. Paragraph 1, Article 19 also stipulates "Any alien who is a resident under a status of residence specified in the Annexed Table I shall not engage in the activities described in the following subparagraphs, with regard to the categories identified therein..." This means that an alien's status of residence would designate his/her authorized activities as well as unauthorized activities. From these provisions, The Immigration Act adopts the status of residence system.
   The status of residence system has a list of "statuses of residence" that classifies aliens' authorized social activities in Japan as well as their activities in accordance with alien's applicable civil status or position. The immigration authority manages aliens classifying immigrants and foreign stayers into these statuses of residence.

Q4.     What are the status of residence?

A.
    A status of residence classifies aliens' authorized social activities in Japan as well as their activities in accordance with alien's applicable civil status or position. Currently, there are 27 categories of status of residence.

Q5.    How many status of residence does Japan have? How long are the stay periods?

A.
   Immigration control officer grants the status of residence to each foreign national in accordance with the foreign national's intended purpose of entering/staying in Japan. The Immigration Control Act now stipulates 27 categories of status of residence. Applicable term of residence varies, depending on each status of residence. Foreign nationals may engage in activities as authorized under their status of residence and term of residence. Status of residence and term of residence are as follows.

List of Status of residence and term of residence is as follows.

Q6.    What are the landing permission requirement?

A.
   A foreign national wishing to enter Japan must fall under one of the status of residence as stipulated in the Immigration Control Act. Detailed landing permission requirement are stipulated by Ministerial Ordinance to Provide for Criteria pursuant to Article 7, Paragraph 1(2) of Immigration Control and Refugee Recognition Act. These criteria are referred to as " Landing permission requirement." These criteria are very important because noncompliant foreign nationals may not enter Japan in principle.

List of the criteria is as follows.

Q7.    Would you explain "Scale" requirements in the landing permission requirement for the status of residence "Investor/Business Manager"?

A.
   According to Ministerial Ordinance to provide for Criteria pursuant to Article 7, Paragraph 1, Item 2 of the Immigration Control and Refugee Recognition Act, a foreign national will obviously fall under the statuses of residence "Investor/Business Manager" if he/she hires or intends to hire "two or more full-time employees who are residing in Japan (except for the statuses of residence as stated in the upper column of Annexed Table I of the Act)" as stipulated in the Item 1 (b) and Item 2 (b) of the Landing Permission Requirement for the status of residence "Investor/Business Manager." However, if a foreign national does not hire two or more full-time employees, it is unsure how large the foreign national would have his/her business to qualify for the status of residence "Investor/Business Manager." In this sense, the Immigration Bureau has applicable guideline that such foreign national should "annually invest 5 million yen or more if the foreign national intends to start his/her own business."
   In line with the Third Report for Promotion of Regulatory Reform, the Immigration Bureau provides specific information on how to handle annual investment of 5 million yen in terms of the status of residence "Investor/Business Manager."

Click the following link Recognition of status of residence in the " Third Report for Promotion of Regulatory Reform" released from the Council for Regulatory Reform.

Q8.    In line with the "3rd Third Report for Promotion of Regulatory Reform," what does the immigration authority clarify in terms of the status of residence "Intracompany Transferee"?

A.    See the section 2 of the following page.

Click the following link Recognition of statuses of residence in the " Third Report for Promotion of Regulatory Reform" released from the Council for Regulatory Reform.

Q9.     What are "Grounds for Denial of landing"? What kind of foreign nationals will be denied landing Japan?

A.     A foreign national will be denied entering or landing Japan if he/she falls under the "Grounds for Denial of landing," which classifies foreign nationals who would pose negative impacts on Japan's public health, public order or domestic security. To be more specific, a foreign national will be denied entering Japan if:

The foreign national will be denied landing Japan from health/sanitary perspectives;

The foreign national will be denied landing Japan because he/she has an antisocial nature;

The foreign national will be denied landing Japan because he/she has been deported from Japan;

The foreign national will be denied landing Japan because he/she would pose negative impacts on Japan's public interests or public security; or

The foreign national will be denied landing Japan in accordance with the reciprocity principle.

Q10.     What is the Certificate of Eligibility?

A.     A foreign national must, in principle, satisfy the following conditions for landing in Japan (Article 7, Paragraph 1 of the Immigration Control Act) before he is permitted to enter the country with the status of residence and period of stay authorized.

The foreign national must hold a valid passport;

A valid visa must be affixed to the passport, unless the foreign national is exempt;

The activities that the foreign national will be engaged in while in Japan as stated in the application must be true and must fall under one of the status of residence categories. (For some of the status of residence categories, the foreign national must, in addition, satisfy the landing permission requirements stipulated by the Ministerial Ordinance to Provide for Criteria pursuant to Article 7, Paragraph 1 (2) of the Immigration Control and Refugee Recognition Act.)

The period of stay as requested in the application must comply with the provisions of the Ministry of Justice Ordinance.

The foreign national must not fall under any of the grounds for denial of landing

    "Certificate of Eligibility" proves that a foreign national wishing to land Japan would comply with the landing requirement (3) designated by the Minister of Justice. If foreign nationals present this certificate at the landing examination, they will smoothly go through the landing examination process.

    This program is not applicable to the status of residence " Temporary Visitor."

Q11.
    Who may apply for the Certificate of Eligibility?

A.
   A foreign national intending to enter Japan may apply for this certificate. In addition, such foreign national's agent may also file an application on behalf of the foreign national.

   For example, if a foreign national gets married and intends to enter Japan, his/her spouse or may file an application on his/her behalf. If such spouse lives or studies overseas, the spouse's relative may file an application. If a foreign national intends to work in Japan, a staff member of the organization that accepts the foreign national may file an application on behalf of the foreign national.

List of applicable agents for each status of residence is as follows

Q12.    Where should I apply for the Certificate of Eligibility?

A.
   Generally an application is to be submitted at the regional Immigration Bureau, its District Office and Branch Offices which has jurisdiction over the cite where the proposed activity is to take place (excluding Narita Airport District Office, Kansai Airport District Office, Chubu Airport District Office, Airport Branch Offices and a few other Branch Office)

Q13.
    May I enter Japan if I have the Certificate of Eligibility?

A.
   You may not enter Japan just because you have the Certificate of Eligibility. You must present your certificate and acquire your visa at Japan's diplomatic mission abroad.

   The Certificate does not always guarantee your entering Japan. You might be denied landing Japan if the landing examination has revealed that you obviously fail to satisfy the landing permission standards as your circumstances have changed.

Q14.     Will the Certificate of Eligibility expire?

A.
   The Certificate of Eligibility is effective for three months. In this sense, if you fail to apply for landing Japan within three months after receiving the certificate, the certificate will naturally expire.

(Note) It should be noted that the effective period of the Certificate of Eligibility is different from that of your visa.

Q15.
   Will the immigration authority suspend confirmation of departure if a general public provides a notice to the immigration authority?

A.
   The immigration authority may suspend confirmation of departure if any organization concerned provides a notice to the immigration authority in advance. In this sense, a notification from a general public may not justify suspending foreign national's departure from Japan.

Q16.
    What will happen if a foreign national is denied landing Japan?

A.
   If a foreign national is denied entry to Japan and then is deported from Japan, the foreign national must immediately leave Japan. According to Article 59, Paragraph 1 of the Immigration Control Act, the captain of a vessel or aircraft or the carrier who operates a vessel or aircraft (or the carriers of such foreign national, or, in most cases, air carrier, if the foreign national boards an airplane) shall assume the cost and responsibility for the foreign national's deportation from Japan.
   If a foreign flight passenger is denied landing Japan, he/she will usually face difficulty in boarding the same aircraft to leave Japan. In this case, such foreign passenger will need to stay in Japan for a couple of days until the most immediate flight is available to leave Japan.
   In this sense, according to Article 13-2 of the Immigration Control Act, special inquiry officers or supervising immigration inspectors may authorize such flight passenger to stay in a hotel or any other accommodation near the port/airport for a limited duration. As the foreign passenger is not authorized to land Japan in this case, his/her going out from designated accommodation will constitute illegal entry or illegal landing.

Q17.
    Will a foreign national suffer difficulty in visiting Japan in the future if he/she has been ordered exclusion from Japan so far?

A.
   Any foreign national will not face such difficulty just because he/she has been ordered exclusion from Japan so far. However, his/her past record of exclusion from Japan will suggest that the foreign national did not satisfy the "Landing Requirements" in the past. Such foreign national must sufficiently prove that he/she satisfies the "Landing Requirements" next time he/she visits Japan.
    A foreign national who is deported from Japan may not enter Japan for five years after his/her deportation; However, this rule is not applicable to foreign nationals ordered exclusion because "Exclusion Order" is different from the deportation procedures. (However, it should be noted that a foreign national who is ordered exclusion from Japan may not enter Japan for one year if he/she illegally has narcotic, marijuana, stimulants, firearms, sword, gunpowder, etc. [Article 5, Paragraph 1, Item 9 (i) of the Immigration Control Act])

Q1.	What are applicable requirements if a newly-arrived foreign national wishes to get permission for landing Japan?
A1.	A foreign national must, in principle, satisfy the following conditions for landing in Japan (Article 7, Paragraph 1 of the Immigration Control Act) before he is permitted to enter the country with the status of residence and period of stay authorized. The foreign national must hold a valid passport; A valid visa must be affixed to the passport, unless the foreign national is exempt; The activities that the foreign national will be engaged in while in Japan as stated in the application must be true and must fall under one of the status of residence categories. (For some of the status of residence categories, the foreign national must, in addition, satisfy the landing permission requirements stipulated by the Ministerial Ordinance to Provide for Criteria pursuant to Article 7, Paragraph 1 (2) of the Immigration Control and Refugee Recognition Act.) The period of stay as requested in the application must comply with the provisions of the Ministry of Justice Ordinance. The foreign national must not fall under any of the grounds for denial of landing
Q2.	What is visa?
A.	Visa is issued at a diplomatic mission abroad. Visa "confirms" the validity of an foreign national's passport and also "suggests" that a visa holder would not pose any problem as long as the visa holder enters a nation in accordance with the conditions specified on the visa.
Q3.	What is the status of residence system?
A.	Paragraph 1, Article 2-2 of the Immigration Control Act states "An alien may reside in Japan only under a status of residence..." In this relation, Annexed Tables designate 27 categories of resident status of residence. Paragraph 1, Article 19 also stipulates "Any alien who is a resident under a status of residence specified in the Annexed Table I shall not engage in the activities described in the following subparagraphs, with regard to the categories identified therein..." This means that an alien's status of residence would designate his/her authorized activities as well as unauthorized activities. From these provisions, The Immigration Act adopts the status of residence system. The status of residence system has a list of "statuses of residence" that classifies aliens' authorized social activities in Japan as well as their activities in accordance with alien's applicable civil status or position. The immigration authority manages aliens classifying immigrants and foreign stayers into these statuses of residence.
Q4.	What are the status of residence?
A.	A status of residence classifies aliens' authorized social activities in Japan as well as their activities in accordance with alien's applicable civil status or position. Currently, there are 27 categories of status of residence.
Q5.	How many status of residence does Japan have? How long are the stay periods?
A.	Immigration control officer grants the status of residence to each foreign national in accordance with the foreign national's intended purpose of entering/staying in Japan. The Immigration Control Act now stipulates 27 categories of status of residence. Applicable term of residence varies, depending on each status of residence. Foreign nationals may engage in activities as authorized under their status of residence and term of residence. Status of residence and term of residence are as follows. List of Status of residence and term of residence is as follows.
Q6.	What are the landing permission requirement?
A.	A foreign national wishing to enter Japan must fall under one of the status of residence as stipulated in the Immigration Control Act. Detailed landing permission requirement are stipulated by Ministerial Ordinance to Provide for Criteria pursuant to Article 7, Paragraph 1(2) of Immigration Control and Refugee Recognition Act. These criteria are referred to as " Landing permission requirement." These criteria are very important because noncompliant foreign nationals may not enter Japan in principle. List of the criteria is as follows.
Q7.	Would you explain "Scale" requirements in the landing permission requirement for the status of residence "Investor/Business Manager"?
A.	According to Ministerial Ordinance to provide for Criteria pursuant to Article 7, Paragraph 1, Item 2 of the Immigration Control and Refugee Recognition Act, a foreign national will obviously fall under the statuses of residence "Investor/Business Manager" if he/she hires or intends to hire "two or more full-time employees who are residing in Japan (except for the statuses of residence as stated in the upper column of Annexed Table I of the Act)" as stipulated in the Item 1 (b) and Item 2 (b) of the Landing Permission Requirement for the status of residence "Investor/Business Manager." However, if a foreign national does not hire two or more full-time employees, it is unsure how large the foreign national would have his/her business to qualify for the status of residence "Investor/Business Manager." In this sense, the Immigration Bureau has applicable guideline that such foreign national should "annually invest 5 million yen or more if the foreign national intends to start his/her own business." In line with the Third Report for Promotion of Regulatory Reform, the Immigration Bureau provides specific information on how to handle annual investment of 5 million yen in terms of the status of residence "Investor/Business Manager." Click the following link Recognition of status of residence in the " Third Report for Promotion of Regulatory Reform" released from the Council for Regulatory Reform.
Q8.	In line with the "3rd Third Report for Promotion of Regulatory Reform," what does the immigration authority clarify in terms of the status of residence "Intracompany Transferee"?
A.	See the section 2 of the following page. Click the following link Recognition of statuses of residence in the " Third Report for Promotion of Regulatory Reform" released from the Council for Regulatory Reform.
Q9.	What are "Grounds for Denial of landing"? What kind of foreign nationals will be denied landing Japan?
A.	A foreign national will be denied entering or landing Japan if he/she falls under the "Grounds for Denial of landing," which classifies foreign nationals who would pose negative impacts on Japan's public health, public order or domestic security. To be more specific, a foreign national will be denied entering Japan if: The foreign national will be denied landing Japan from health/sanitary perspectives; The foreign national will be denied landing Japan because he/she has an antisocial nature; The foreign national will be denied landing Japan because he/she has been deported from Japan; The foreign national will be denied landing Japan because he/she would pose negative impacts on Japan's public interests or public security; or The foreign national will be denied landing Japan in accordance with the reciprocity principle.
Q10.	What is the Certificate of Eligibility?
A.	A foreign national must, in principle, satisfy the following conditions for landing in Japan (Article 7, Paragraph 1 of the Immigration Control Act) before he is permitted to enter the country with the status of residence and period of stay authorized. The foreign national must hold a valid passport; A valid visa must be affixed to the passport, unless the foreign national is exempt; The activities that the foreign national will be engaged in while in Japan as stated in the application must be true and must fall under one of the status of residence categories. (For some of the status of residence categories, the foreign national must, in addition, satisfy the landing permission requirements stipulated by the Ministerial Ordinance to Provide for Criteria pursuant to Article 7, Paragraph 1 (2) of the Immigration Control and Refugee Recognition Act.) The period of stay as requested in the application must comply with the provisions of the Ministry of Justice Ordinance. The foreign national must not fall under any of the grounds for denial of landing "Certificate of Eligibility" proves that a foreign national wishing to land Japan would comply with the landing requirement (3) designated by the Minister of Justice. If foreign nationals present this certificate at the landing examination, they will smoothly go through the landing examination process. This program is not applicable to the status of residence " Temporary Visitor."
Q11.	Who may apply for the Certificate of Eligibility?
A.	A foreign national intending to enter Japan may apply for this certificate. In addition, such foreign national's agent may also file an application on behalf of the foreign national. For example, if a foreign national gets married and intends to enter Japan, his/her spouse or may file an application on his/her behalf. If such spouse lives or studies overseas, the spouse's relative may file an application. If a foreign national intends to work in Japan, a staff member of the organization that accepts the foreign national may file an application on behalf of the foreign national. List of applicable agents for each status of residence is as follows
Q12.	Where should I apply for the Certificate of Eligibility?
A.	Generally an application is to be submitted at the regional Immigration Bureau, its District Office and Branch Offices which has jurisdiction over the cite where the proposed activity is to take place (excluding Narita Airport District Office, Kansai Airport District Office, Chubu Airport District Office, Airport Branch Offices and a few other Branch Office)
Q13.	May I enter Japan if I have the Certificate of Eligibility?
A.	You may not enter Japan just because you have the Certificate of Eligibility. You must present your certificate and acquire your visa at Japan's diplomatic mission abroad. The Certificate does not always guarantee your entering Japan. You might be denied landing Japan if the landing examination has revealed that you obviously fail to satisfy the landing permission standards as your circumstances have changed.
Q14.	Will the Certificate of Eligibility expire?
A.	The Certificate of Eligibility is effective for three months. In this sense, if you fail to apply for landing Japan within three months after receiving the certificate, the certificate will naturally expire. (Note) It should be noted that the effective period of the Certificate of Eligibility is different from that of your visa.
Q15.	Will the immigration authority suspend confirmation of departure if a general public provides a notice to the immigration authority?
A.	The immigration authority may suspend confirmation of departure if any organization concerned provides a notice to the immigration authority in advance. In this sense, a notification from a general public may not justify suspending foreign national's departure from Japan.
Q16.	What will happen if a foreign national is denied landing Japan?
A.	If a foreign national is denied entry to Japan and then is deported from Japan, the foreign national must immediately leave Japan. According to Article 59, Paragraph 1 of the Immigration Control Act, the captain of a vessel or aircraft or the carrier who operates a vessel or aircraft (or the carriers of such foreign national, or, in most cases, air carrier, if the foreign national boards an airplane) shall assume the cost and responsibility for the foreign national's deportation from Japan. If a foreign flight passenger is denied landing Japan, he/she will usually face difficulty in boarding the same aircraft to leave Japan. In this case, such foreign passenger will need to stay in Japan for a couple of days until the most immediate flight is available to leave Japan. In this sense, according to Article 13-2 of the Immigration Control Act, special inquiry officers or supervising immigration inspectors may authorize such flight passenger to stay in a hotel or any other accommodation near the port/airport for a limited duration. As the foreign passenger is not authorized to land Japan in this case, his/her going out from designated accommodation will constitute illegal entry or illegal landing.
Q17.	Will a foreign national suffer difficulty in visiting Japan in the future if he/she has been ordered exclusion from Japan so far?
A.	Any foreign national will not face such difficulty just because he/she has been ordered exclusion from Japan so far. However, his/her past record of exclusion from Japan will suggest that the foreign national did not satisfy the "Landing Requirements" in the past. Such foreign national must sufficiently prove that he/she satisfies the "Landing Requirements" next time he/she visits Japan. A foreign national who is deported from Japan may not enter Japan for five years after his/her deportation; However, this rule is not applicable to foreign nationals ordered exclusion because "Exclusion Order" is different from the deportation procedures. (However, it should be noted that a foreign national who is ordered exclusion from Japan may not enter Japan for one year if he/she illegally has narcotic, marijuana, stimulants, firearms, sword, gunpowder, etc. [Article 5, Paragraph 1, Item 9 (i) of the Immigration Control Act])