Immigration Lawyer Tokyo Japan | Immigration services: Permanent Residency, Long term resident visa, Working visa, Spousal visa, Certificate of eligibility, and all types of visa
TEL. 03-3443-5112
DOT4F 1-7-20 Hiroo Shibuya-ward Tokyo Japan
150-0012
Mori＆Niitsu Legal Visa Office ~Visa Application~
Application for
Certificate of Eligibility
If foreign national wish to enter Japan (except for
temporary visitor and people from countries which have signed the Visa Exemption
Agreement Certificate of Eligibility for Residence Status) , applicant is
required to go to Japanese embassy or Japanese consulate to have the person’s
visa issued before entering Japan. However, if the applicant is able to submit
necessary documents in advance, will be able to receive "Certificate of
Eligibility".
A Certificate of Eligibility is a document issued by the
Ministry of Justice in Japan. The holder of this certificate has the advantage
of reducing the time required to obtain a visa and complete immigration
procedures by showing the certificate to the immigration officer, and can obtain
landing permission more easily.
For example, there is a case
like one Chinese restaurant in Japan would like to invite a famous Chinese chef
to Japan. So the restaurant’s owner submits an application for “Skilled Labor”
visa to Japanese Immigration office. Once approved, the owner sends the “Skilled
labor” visa to the chef in China, and all the chef need to do is going to
Japanese embassy or Consulate with that visa and complete a visa-issuing
procedures. As soon as he arrives at Narita airport, he will have the passport
with the visa attached.
However, “Permanent residency” and “short-term
residency” applicants are not subject to the procedures of applying for a
Certificate of Eligibility for Residence Status.
Application for Change of Status of Residence
There are some examples, when a foreign student of Japanese
language school or University gets a job for Japanese company and the applicant
is required to change current “Student” visa status to “Specialist in
Humanities/International Service” or “Engineer”. Another one is that an
applicant got divorced Japanese national which automatically take “Spouse or
Child of Japanese National” visa off from her. If the spouse of Japanese
national prefers to keep staying in Japan considering about the child with
Japanese nationality, “Long-term residency” visa is
applicable.
Application for Extension
of Period of Stay
All the foreign nationals except “permanent residency” visa holders should
have some status of certification to be in Japan, but all of them will
expire. Each one has a certain renewal term, so each visa needs to be renewed
within the specific period. Immigration office will accept the application
form for renewal 3 month before the expiring date so please apply for it
as soon as possible. Otherwise you will have possibility to be deported
for overstaying.
Application for permanent
residency
“Permanent
Residency” visa is applicable on the premise that one has good behavior, has
stable life in Japan. (Immigration invests the applicant doesn’t hold any
criminal record, and doesn’t have any non-payments of the income
taxes)
Once the
applicant receives permanent residency, there is no more renewal term, and you
can work as you like, so there is not much restriction any
more.
It is
almost impossible for anyone to obtain “permanent residency” as a first visa
except for the special case of natal and some other issue.
Applicant
for the “permanent residency” should have "the spouse of a Japanese national"
visa or “long-term residency” visa or a plan to stay in Japan for long term.
Besides the
above, the applicant needs to meet the following conditions.
●to stay in Japan for more than 10 years with the proper visa (if you
entered Japan with “Student” visa, needed to show the history of residency in
Japan more than 5 years with working visa after graduation)
●to stay in Japan more than 3 years with “Spouse or Child of Japanese
national” or “Spouse or child of permanent residency” visa
●to stay in Japan more than 5 years with “long-term residency”
visa.
Besides,
according to Section 22, Paragraph 2 of Immigration Control and Refugee
Recognition Act,
①having good behavior
②Enough assets or skills to run independent living
③permanent residency of the applicant meets Japan’s national
interests
When you apply for it, make sure that your present visa with the longest operation term.
Application for Re-Entry permission
If you are leaving Japan for 1 year more, you should obtain this permission.
Among foreigners who are staying in Japan, some are occasionally going
outside of Japan due to business or travel. In those cases, they needed
to apply the Immigration office for Re-Entry permission before leaving
Japan. Otherwise, the present visa will be invalid automatically. Whenever
the person tries to re-enter Japan without the application, has to go over
the procedure for visa and certificate of eligibility. Even if you have
the visa “permanent residency” or “Spouse or Child of Japanese National”,
you will lose the present visa status.
There are single and multiple re-entry permission.
Special permission for Resident Status(Solution for Illegal stay)
Those who are illegally staying in Japan (overstaying or working
illegally), deportation will be offered by the immigration office. However if
the over-stayer has “a spouse of Japanese National” visa, he is allowed to ask
for the special permission for residence after proving the reason why you need
to stay in Japan. We call the procedure “Special permission for resident status”
, which is you prove the fact that let the Minister
of Justice permit you to stay in Japan while the process of compulsory expulsion.
Special permission for
residence is not applicable like other visas, but permission from the
immigration. So I recommend you not to request
“application for special permission for residence” to the
immigration.
Application for Certificate of Authorized Employment
If you have the following visa
“Specialist in Humanities / International Service”, “Engineer” or “Skilled Labor”, those are only valid under
the same circumstance of your working information when you applied. In case you
change the job or your post has been moved to another, your visa status will get
unclear.
To check if
your new position or company is good enough to be re-permitted for the same kind
of visa you had before, you need to apply for a work qualification certificate.
Once you certified, you will be able to work for a new position or new company,
and that helps to extend your working visa.
Application for Permission to Aquire Status of Residence
When
foreign couple gives birth to a child in Japan, they need to go this procedure
within 30 days after the date of birth.
Also as a
special case according to the Japan-U.S. Status-of-Forces Agreement, if American
soldiers and civilians in military employees desire to continue to live in Japan
after term of office (Or those who married to Japanese National), this
application need to be submitted to the immigration.
Application for Temporary Work Permission
(Permission to Engage in an Activity Other
Than That Permitted by the Status of Residence Previously
Granted)
“Student” or Dependent” visa holder is not
allowed to work while their stay in Japan, so in case that visa holder is going
to work for a part-time, this application needs to be submitted. Working without
this permission, not only the visa holder but also the company who hired him
will be punished and there is possibility for the person inquest to be deported.
The same applies to “Specialist in Humanities / International Service” visa holder
working as interpreter.
Application for Naturalization
Naturalization is for foreign national staying in Japan for long time
to carry forward the procedure to get Japanese nationality and become Japanese
citizen. After obtaining Japanese nationality, you will be constituent and
invoke your constitutional right.
However, since Japan doesn’t accept dual nationality, you
will automatically lose your previous nationality when you obtain
Japaneseone, so please talk a lot with your family back home before you apply.
