Q&A

Residence Procedures for Foreign nationals
  Q&A

| Change of Status of Residence | Permission for Extending Period of Stay | Acquisition Status of Residence |
| Permission for Permanent Residence | Re-entry Permit (Under construction ) |
| Permission to Engage in an Activity Other Than That Permitted by the Status of Residence Previously Granted |
| Certificate of Authorized Employment | Passport | Revocation Status of Residence | List of Necessary Documents | Q&A |

Q1    I visit Japan for "sightseeing" purpose. May I work in Japan?

A.
   A foreign national visits Japan for sightseeing purpose must acquire the status of residence "Temporary Visitor." Under this status of residence, foreign nationals may not work in Japan except for a certain activity that would yield " incidental remuneration" as stipulated in Article 19-2 of Immigration Control Act Enforcement Regulations.

Q2    Where should I apply for changing my status of residence, extending my period of stay or acquiring re-entry permit? Who must file an application form?

A.
   Foreign national must apply for changing his/her status of residence, extending his/her period of stay or acquiring re-entry permit by himself/herself at the regional immigration office in charge of your address. If aforeign national is younger than 16 years old or is unable to visit the competent regional immigration office due to unavoidable circumstances, his or her relative may file an application form on behalf of the foreign national.

Q3    What is a difference between multiple and single re-entry permits?

A.
   If a foreign national has multiple re-entry permit, the foreign national may visit and leave Japan any number of times as long as the permit is effective. On the other hand, single re-entry permit allows the permit holder to leave and visit Japan only once.

Q4    How long is the re-entry permit effective?

A.
   The re-entry permit is effective for 3 years (or 4 years in the case of special permanent resident) at longest since the permit becomes effective. For example, if foreign national's period of stay expires within 3 years after the re-entry permit becomes effective, the foreign national may obtain re-entry permit until his/her period of stay expires.

Q5    I am aforeign national, and my wife is also a foreign national. What should I do if we have a baby?

A.
   In this case, you need to apply for acquiring status of residence. You have to visit the competent regional immigration office within 30 days after your child is born. If you intend to leave Japan within 60 days after your child is born, you don't have to file an application form. However, this rule is not applicable if you intend to leave Japan with the re-entry permit.

Q6    I am a student, now. I would like to work as a part-time after school. In this case, do I need some kind of permission?

A.
   A foreign national who is granted a status of residence according to the activities he was engaged in Japan must receive permission to engage in an activity other than those permitted by the status of residence previously granted if he wishes to become engaged in activities "related to the management of business involving income or activities for which he receives remuneration, which are not included in those activities under his category of status of residence". A typical example is that of a foreign national college student or pre-college student who wishes to have a part-time job. The Minister of Justice will give permission to the extent that the extra activity does not interfere with the activity that is the original purpose of residence.

Q7    I need to submit a certificate of fidelity guarantee. Who should be my "guarantor" in this case? What kind of responsibilities would my guarantor assume?

A.
   In the context of Immigration Control Act, the term "guarantor" means the person who promises Minister of Justice to guarantee aforeign national's economic conditions and provide lifestyle guidance including compliance with applicable laws as necessary so that the foreign national would be able to stably and continuously fulfill his/her intended purpose for visiting Japan.
    Even if a guarantor gives assurance to Minister of Justice with the certificate of fidelity guarantee, Minister of Justice may not legally bind the guarantor to make good on his guarantee. If a guarantor fails to make good on his guarantee, the immigration control authority only instruct the guarantor to meet his commitments. However, as the authority regards him as not fulfilling his responsibilities in this case, the guarantor will lose his eligibility as a guarantor for entry/residence application process in the future. From these viewpoints, the certificate of fidelity guarantee imposes so-called moral responsibility on the guarantor in this manner.

Q8    What are the requirements to become a permanent resident?

A.
   For applicants who wish to become a permanent resident, Immigration Control Act stipulates the two requirements: "The alien's behavior and conduct must be good"; and "The alien must have sufficient assets or ability to make an independent living." The Act further states "the Minister of Justice may grant permission only when he deems.... that his permanent residence will be in accordance with the interests of Japan."
    Let us first explain the aforementioned two requirements. According to Immigration Control Act, these two requirements "do not have to be fulfilled in the case of spouses or children of Japanese nationals, those who have Permanent Residence status or those who are special permanent residents." As these aliens have obviously taken root in Japan, Japanese lawmakers regard it proper to provide these foreign nationals with stable residence on a family basis by easing the requirements on these foreign nationals.
    Applicant foreign national is regarded as behaving "good" if he/she does not have any criminal record (or does not suffer any protective measure in accordance with Juvenile Law), fulfills his/her taxpaying responsibility and other public obligations, and lives a life that would not lead to social criticism as a resident.
    Applicant foreign national is deemed as having "sufficient assets or ability to make an independent living" if he/she does not pose any burden on the government in his/her daily life and is expected to live a stable future life from the viewpoint of his/her assets or abilities. In this context, even if the applicant does not meet this requirement by himself/herself, the applicant is regarded as satisfying it as long as he/she is expected to continue a stable life on a household basis including his/her parent or spouse.
    In the context of the phrase "the Minister of Justice may grant permission only when he deems ...that his permanent residence will be in accordance with the interests of Japan," the applicant must be recognized as beneficial to the Japanese society and economy if the applicant is granted the permanent residence status. In making this judgment, the immigration control authority pays attentions to Japan's capacity to accept foreign nationals(such as Japan's national land conditions, or demographic trends) as well as immigration control-related circumstances at home and abroad, and other factors. Minister of Justice has a wide range of discretion in making judgment on if or not he will grant permanent residence status to foreign nationals.

Q9    In which cases will I be revoked my status of residence? Would you tell me some specific cases?

A.
   Your status of residence will be revoked if you submit a fake document or makes false statements on your application forms when entering Japan or extending your period of stay. In addition, Your status of residence will also be revoked if you have the status of residence as listed on Annexed Table I (i.e., Engineer, Skilled Labor or College Student) but fails to engage in his/her applicable activities for three months without legitimate grounds.

Q10    What kind of procedures do I go through to revoke my status of residence?

A.
   If Minister of Justice intends to revoke a status of residence, the minister is supposed to hold a hearing session for the applicant in order to listen to his/her opinions in advance.

Q11
   If I am notified of visiting a regional immigration bureau, and my agent or I am not able to visit the bureau by the prescribed deadline, what will happen to me?

A.
   If you or your agent does not appear at regional immigration bureau without justifiable reason by the specified deadline, your status of residence might be revoked without hearing session to hear your opinions. For this reason, if you have an unavoidable circumstance such as illness and are unable to visit regional immigration bureau by the deadline, please let it known to the regional immigration bureau in advance.

Q12
   Who is able to act as an agent on behalf of the foreign national who might suffer revocation of status of residence?

A.
   The following persons are able to act as an agent: A legal representative of the underage (such as the person with parental authority or the guardian); and a lawyer acting as the agent on behalf of the foreign national who might suffer revocation of status of residence.v

Q13    How will I be notified if my status of residence is revoked? Will an immigration officer affix a stamp on my passport?

A.
   If the immigration control authority decides to revoke your status of residence, you will be notified of such fact in the form of Eligibility Revocation Letter. If the authority delivers the letter directly to you, an immigration officer will indicate revocation of your eligibility on your passport.

Q14    If the immigration control authority decides to revoke your status of residence, do I have to immediately leave Japan?

A.
   If your status of residence is revoked, the immigration control authority will treat you in two different ways. You will be immediately deported from Japan if you have employed illegal means in a highly malicious manner when entering Japan (i.e., if you make a false statement about your intended activity in Japan or about the fact that would lead to denial of landing). On the other hand, if you have employed illegal means in a less malicious manner when entering Japan (i.e., if you make a false statement about your background or submit a document that indicates a false statement), or if you fail to engage in your intended activity of your status of residence for three months, and keep staying in Japan without legitimate grounds, you will have preparation period (departure grace period: 30 days at longest) necessary for your departure from Japan when the immigration control authority revokes your status of residence.

Q15    If the immigration control authority revokes my status of residence and gives me the departure grace period, will the authority treat it as normal departure from Japan? Or, will the immigration control authority treat me as being deported from Japan?

A.
   If you leave Japan during the departure grace period after the immigration control authority revokes your status of residence, you will be regarded as leaving Japan within your period of stay.

Q16    If the immigration control authority revokes my status of residence because of my nonattendance at school and provides me with the departure grace period, and I enter a different educational institute during my departure grace period, then will the immigration control authority grant the status of residence "College Student" again?

A.
   If your status of residence is revoked, you may not change your status of residence or extend your period of stay. For this reason, you will first have to leave Japan and then go through necessary procedures for entering Japan again (e.g., application for Certificate of Eligibility).

Q17    I heard that my status of residence would not be revoked even if I fail to engage in my intended activity relating to my status of residence for three months because of "justifiable reason." It is true?

A.
   Your status of residence will not be revoked even if you stay in Japan with one of the statuses of residence as listed in Annexed Table I of Immigration Control Act (Engineer, Skilled Labor, College Student, etc.) and have "justifiable reason" for failing to engage in your intended activity relating with your status of residence for three months. The immigration control authority listens to your opinions when evaluating if or not you have " justifiable reason" on a case-by-case basis. For example, the immigration control authority might not revoke your status of residence in the following cases because you are regarded as having " justifiable reason."

After losing your job due to bankruptcy of your employer, you go about getting a job, including actually visiting a company for an interview in order to seek for a new job;

After Japanese-language school you have been attended was closed down, you are working on necessary procedures to enter a different Japanese-language school; or

You need long-term hospitalization for medical treatment and have no choice but to take a temporary leave from university, but intend to go back to the university after coming out of the hospital.

Q18    I got married with a Japanese citizen and have stayed in Japan with the status of residence "Spouse or Child of Japanese National." If I get divorced with the Japanese citizen during my period of stay, will the immigration control authority revoke my status of residence?

A.
   Since the status of residence "Spouse or Child of Japanese National" is listed on Annexed Table II of Immigration Control Act, your status of residence will not be revoked even if you reside in Japan with such resident status and get divorced with your Japanese spouse during your period of stay.

| Change of Status of Residence | Permission for Extending Period of Stay | Acquisition Status of Residence |
| Permission for Permanent Residence | Re-entry Permit (Under construction) |
| Permission to Engage in an Activity Other Than That Permitted by the Status of Residence Previously Granted |
| Certificate of Authorized Employment | Passport | Revocation Status of Residence | List of Necessary Documents | Q&A |

Q1	I visit Japan for "sightseeing" purpose. May I work in Japan?
A.	A foreign national visits Japan for sightseeing purpose must acquire the status of residence "Temporary Visitor." Under this status of residence, foreign nationals may not work in Japan except for a certain activity that would yield " incidental remuneration" as stipulated in Article 19-2 of Immigration Control Act Enforcement Regulations.
Q2	Where should I apply for changing my status of residence, extending my period of stay or acquiring re-entry permit? Who must file an application form?
A.	Foreign national must apply for changing his/her status of residence, extending his/her period of stay or acquiring re-entry permit by himself/herself at the regional immigration office in charge of your address. If aforeign national is younger than 16 years old or is unable to visit the competent regional immigration office due to unavoidable circumstances, his or her relative may file an application form on behalf of the foreign national.
Q3	What is a difference between multiple and single re-entry permits?
A.	If a foreign national has multiple re-entry permit, the foreign national may visit and leave Japan any number of times as long as the permit is effective. On the other hand, single re-entry permit allows the permit holder to leave and visit Japan only once.
Q4	How long is the re-entry permit effective?
A.	The re-entry permit is effective for 3 years (or 4 years in the case of special permanent resident) at longest since the permit becomes effective. For example, if foreign national's period of stay expires within 3 years after the re-entry permit becomes effective, the foreign national may obtain re-entry permit until his/her period of stay expires.
Q5	I am aforeign national, and my wife is also a foreign national. What should I do if we have a baby?
A.	In this case, you need to apply for acquiring status of residence. You have to visit the competent regional immigration office within 30 days after your child is born. If you intend to leave Japan within 60 days after your child is born, you don't have to file an application form. However, this rule is not applicable if you intend to leave Japan with the re-entry permit.
Q6	I am a student, now. I would like to work as a part-time after school. In this case, do I need some kind of permission?
A.	A foreign national who is granted a status of residence according to the activities he was engaged in Japan must receive permission to engage in an activity other than those permitted by the status of residence previously granted if he wishes to become engaged in activities "related to the management of business involving income or activities for which he receives remuneration, which are not included in those activities under his category of status of residence". A typical example is that of a foreign national college student or pre-college student who wishes to have a part-time job. The Minister of Justice will give permission to the extent that the extra activity does not interfere with the activity that is the original purpose of residence.
Q7	I need to submit a certificate of fidelity guarantee. Who should be my "guarantor" in this case? What kind of responsibilities would my guarantor assume?
A.	In the context of Immigration Control Act, the term "guarantor" means the person who promises Minister of Justice to guarantee aforeign national's economic conditions and provide lifestyle guidance including compliance with applicable laws as necessary so that the foreign national would be able to stably and continuously fulfill his/her intended purpose for visiting Japan. Even if a guarantor gives assurance to Minister of Justice with the certificate of fidelity guarantee, Minister of Justice may not legally bind the guarantor to make good on his guarantee. If a guarantor fails to make good on his guarantee, the immigration control authority only instruct the guarantor to meet his commitments. However, as the authority regards him as not fulfilling his responsibilities in this case, the guarantor will lose his eligibility as a guarantor for entry/residence application process in the future. From these viewpoints, the certificate of fidelity guarantee imposes so-called moral responsibility on the guarantor in this manner.
Q8	What are the requirements to become a permanent resident?
A.	For applicants who wish to become a permanent resident, Immigration Control Act stipulates the two requirements: "The alien's behavior and conduct must be good"; and "The alien must have sufficient assets or ability to make an independent living." The Act further states "the Minister of Justice may grant permission only when he deems.... that his permanent residence will be in accordance with the interests of Japan." Let us first explain the aforementioned two requirements. According to Immigration Control Act, these two requirements "do not have to be fulfilled in the case of spouses or children of Japanese nationals, those who have Permanent Residence status or those who are special permanent residents." As these aliens have obviously taken root in Japan, Japanese lawmakers regard it proper to provide these foreign nationals with stable residence on a family basis by easing the requirements on these foreign nationals. Applicant foreign national is regarded as behaving "good" if he/she does not have any criminal record (or does not suffer any protective measure in accordance with Juvenile Law), fulfills his/her taxpaying responsibility and other public obligations, and lives a life that would not lead to social criticism as a resident. Applicant foreign national is deemed as having "sufficient assets or ability to make an independent living" if he/she does not pose any burden on the government in his/her daily life and is expected to live a stable future life from the viewpoint of his/her assets or abilities. In this context, even if the applicant does not meet this requirement by himself/herself, the applicant is regarded as satisfying it as long as he/she is expected to continue a stable life on a household basis including his/her parent or spouse. In the context of the phrase "the Minister of Justice may grant permission only when he deems ...that his permanent residence will be in accordance with the interests of Japan," the applicant must be recognized as beneficial to the Japanese society and economy if the applicant is granted the permanent residence status. In making this judgment, the immigration control authority pays attentions to Japan's capacity to accept foreign nationals(such as Japan's national land conditions, or demographic trends) as well as immigration control-related circumstances at home and abroad, and other factors. Minister of Justice has a wide range of discretion in making judgment on if or not he will grant permanent residence status to foreign nationals.
Q9	In which cases will I be revoked my status of residence? Would you tell me some specific cases?
A.	Your status of residence will be revoked if you submit a fake document or makes false statements on your application forms when entering Japan or extending your period of stay. In addition, Your status of residence will also be revoked if you have the status of residence as listed on Annexed Table I (i.e., Engineer, Skilled Labor or College Student) but fails to engage in his/her applicable activities for three months without legitimate grounds.
Q10	What kind of procedures do I go through to revoke my status of residence?
A.	If Minister of Justice intends to revoke a status of residence, the minister is supposed to hold a hearing session for the applicant in order to listen to his/her opinions in advance.
Q11	If I am notified of visiting a regional immigration bureau, and my agent or I am not able to visit the bureau by the prescribed deadline, what will happen to me?
A.	If you or your agent does not appear at regional immigration bureau without justifiable reason by the specified deadline, your status of residence might be revoked without hearing session to hear your opinions. For this reason, if you have an unavoidable circumstance such as illness and are unable to visit regional immigration bureau by the deadline, please let it known to the regional immigration bureau in advance.
Q12	Who is able to act as an agent on behalf of the foreign national who might suffer revocation of status of residence?
A.	The following persons are able to act as an agent: A legal representative of the underage (such as the person with parental authority or the guardian); and a lawyer acting as the agent on behalf of the foreign national who might suffer revocation of status of residence.v
Q13	How will I be notified if my status of residence is revoked? Will an immigration officer affix a stamp on my passport?
A.	If the immigration control authority decides to revoke your status of residence, you will be notified of such fact in the form of Eligibility Revocation Letter. If the authority delivers the letter directly to you, an immigration officer will indicate revocation of your eligibility on your passport.
Q14	If the immigration control authority decides to revoke your status of residence, do I have to immediately leave Japan?
A.	If your status of residence is revoked, the immigration control authority will treat you in two different ways. You will be immediately deported from Japan if you have employed illegal means in a highly malicious manner when entering Japan (i.e., if you make a false statement about your intended activity in Japan or about the fact that would lead to denial of landing). On the other hand, if you have employed illegal means in a less malicious manner when entering Japan (i.e., if you make a false statement about your background or submit a document that indicates a false statement), or if you fail to engage in your intended activity of your status of residence for three months, and keep staying in Japan without legitimate grounds, you will have preparation period (departure grace period: 30 days at longest) necessary for your departure from Japan when the immigration control authority revokes your status of residence.
Q15	If the immigration control authority revokes my status of residence and gives me the departure grace period, will the authority treat it as normal departure from Japan? Or, will the immigration control authority treat me as being deported from Japan?
A.	If you leave Japan during the departure grace period after the immigration control authority revokes your status of residence, you will be regarded as leaving Japan within your period of stay.
Q16	If the immigration control authority revokes my status of residence because of my nonattendance at school and provides me with the departure grace period, and I enter a different educational institute during my departure grace period, then will the immigration control authority grant the status of residence "College Student" again?
A.	If your status of residence is revoked, you may not change your status of residence or extend your period of stay. For this reason, you will first have to leave Japan and then go through necessary procedures for entering Japan again (e.g., application for Certificate of Eligibility).
Q17	I heard that my status of residence would not be revoked even if I fail to engage in my intended activity relating to my status of residence for three months because of "justifiable reason." It is true?
A.	Your status of residence will not be revoked even if you stay in Japan with one of the statuses of residence as listed in Annexed Table I of Immigration Control Act (Engineer, Skilled Labor, College Student, etc.) and have "justifiable reason" for failing to engage in your intended activity relating with your status of residence for three months. The immigration control authority listens to your opinions when evaluating if or not you have " justifiable reason" on a case-by-case basis. For example, the immigration control authority might not revoke your status of residence in the following cases because you are regarded as having " justifiable reason." After losing your job due to bankruptcy of your employer, you go about getting a job, including actually visiting a company for an interview in order to seek for a new job; After Japanese-language school you have been attended was closed down, you are working on necessary procedures to enter a different Japanese-language school; or You need long-term hospitalization for medical treatment and have no choice but to take a temporary leave from university, but intend to go back to the university after coming out of the hospital.
Q18	I got married with a Japanese citizen and have stayed in Japan with the status of residence "Spouse or Child of Japanese National." If I get divorced with the Japanese citizen during my period of stay, will the immigration control authority revoke my status of residence?
A.	Since the status of residence "Spouse or Child of Japanese National" is listed on Annexed Table II of Immigration Control Act, your status of residence will not be revoked even if you reside in Japan with such resident status and get divorced with your Japanese spouse during your period of stay.