Legal Guide to Living in Japan - Immigration & related problems

Legal Guide to Living in Japan - Immigration & Related Problems

By Richard Gladding

Copyright 2012 Richard Gladding

Smashwords Edition

Smashwords Edition, License Notes

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Cover design by George Melita

Table of Contents

Preface

Status of residence

Alien/resident registration

Leaving Japan temporarily - re-entry permits

Permanent residency

Breaches of immigration laws

Refugees

Naturalisation

Preface

While there are many general guide books on living and travelling in Japan, there are very few in English that deal with legal or semi-legal matters, and those that do exist usually do not go into very much depth. Consequently, foreigners living in Japan or planning to come here often have great difficulty finding the information they need to solve a wide range of problems they may encounter in their daily lives, especially if they do not speak or read Japanese. This short ebook is an attempt by me to help overcome this deficiency, at least with respect to immigration matters.

While I am a qualified lawyer and have been teaching law in Japan for many years, I am not an expert on Japanese law. Therefore, readers are strongly advised to regard this book as a guide only, and to seek detailed advice from an appropriate professional regarding any specific problems they may have. I welcome any comments that would help me improve the text, such as details of readers' own experiences dealing with the immigration authorities in Japan.

The information and advice contained in this book reflects the state of Japanese immigration law and practice, as far as I have been able to tell, as at July 2012.

Any errors in the text are, of course, my own.

Note: I have used the male gender (he, him and his) in the text. However, this is for convenience only and should be read as including the female gender where appropriate.

Richard Gladding

Matsue, July 2012

richardgladding@hotmail.com

Status of residence

Visas, statuses of residence & certificates of eligibility

Distinction between visas & statuses of residence

Before discussing the circumstances in which foreign nationals may enter, live and/or work in Japan, it is necessary to understand the difference between a visa (sashō) and a status of residence (zairyū-shikaku) under Japanese immigration law.

In principle, foreign nationals who wish to visit or live in Japan must obtain a visa from a Japanese consular authority (i.e. embassy or consulate) before coming to Japan. (The main exception to this is where there is a visa-waiver agreement between Japan and the foreign national's country, although special rules also apply to refugees, persons in transit and US military personnel.) If a visa is granted, a stamp to this effect is usually entered in the visitor's passport. A visa indicates that the visa-holder may, in principle, enter Japan, the proposed status of residence and the permitted length of stay. A visa is not, however, a guarantee that the holder will in fact be allowed to enter Japan on the conditions specified in the visa or any other conditions. The final decision whether to grant entry and the conditions of entry, including the status of residence and period of stay, is made by an immigration officer at the airport or port of entry. It is the status of residence granted by the immigration officer that determines how long the visitor may remain in Japan and the activities he may engage in while in Japan. In most instances, the immigration officer will grant the status of residence and period of stay indicated in the visa. However, this is not always the case. The immigration officer will consider all the circumstances before coming to a decision, including checking that the visa-holder has a valid passport, that the reason for the visit is genuine and that there has not been any significant change in circumstances since the visa was issued. If the immigration officer is not satisfied as to these or other conditions, he may refuse entry.

Certificates of Eligibility

At this point it would also be useful to understand the role and importance of Certificates of Eligibility (zairyū-shikaku-nintei-shōmei-sho) in the visa application process.

Obtaining a Certificate of Eligibility is usually the first step in applying for a visa for a medium or long-term stay in Japan, such as a Spouse, Child or work-based visa/status of residence. It is possible to apply for a medium or long-term visa without a Certificate of Eligibility. However, a Certificate of Eligibility expedites the visa application process. Certificates of Eligibility are issued by the Japanese Immigration Bureau in Japan (i.e. not by Japanese consular authorities outside Japan) and constitute a prior indication by the Japanese Minister of Justice that, in principle, the foreign national to whom the Certificate relates will be allowed to enter Japan, and the status of residence and period of stay that will be granted upon entry.

In the usual case where the foreign national is outside Japan, the application for a Certificate of Eligibility must be submitted to a regional office of the Immigration Bureau by the organization or person in Japan sponsoring the visa application, such as the foreign national's prospective Japanese employer (in the case of a work-based visa) or a Japan-based family member (in the case of a Spouse or Child visa). Once issued, the Certificate of Eligibility must be sent to the foreign national at his overseas address. The foreign national must then submit the Certificate of Eligibility with his visa application to a Japanese consular authority. Where the foreign national is already in Japan (e.g. with a Temporary Visitor status of residence), he may apply for the Certificate of Eligibility in person at an Immigration Bureau office. In this case, though, if a Certificate of Eligibility is issued the foreign national will then have to leave Japan as the Certificate still has to be submitted with a visa application to a Japanese consular authority outside Japan.

While a Certificate of Eligibility expedites the visa application process, it is not a guarantee that a visa will be issued. In each case the Japanese consular authority will examine the visa application and make the final decision whether to issue a visa.

Fees & periods of validity

Visa applications submitted with a Certificate of Eligibility are usually processed within a few days, whereas visa applications submitted without a Certificate of Eligibility may take up to two to three months to be processed. Visa applications usually incur a fee. However, Japan has agreements with some countries under which these fees are waived. Visas are, in principle, valid for three months from the date of issue. Therefore, the visa-holder must travel to Japan within this period. Visas are valid for one entry to Japan only.

Certificates of Eligibility are free of charge. They are valid for three months from the date of issue. Therefore, the visa application must be made within this period.

Types of status of residence

As explained above, it is the status of residence granted to a foreign national upon arriving in Japan that determines how long he may stay and what activities he may engage in while in Japan. There are 27 separate statuses of residence, each of which is listed below with its applicable period(s) of stay (*1):

Diplomat – term of mission

Official of a foreign government or international institution (including family members) – 5 years, 3 years, 1 year, 3 months, 30 days or 15 days (*2)

Professor – 5 years, 3 years, 1 year or 3 months

Artist – 5 years, 3 years, 1 year or 3 months

Religious Activities – 5 years, 3 years, 1 year or 3 months

Journalist – 5 years, 3 years, 1 year or 3 months

Investor/Business Manager – 5 years, 3 years, 1 year or 3 months

Legal/Accounting Services – 5 years, 3 years, 1 year or 3 months

Medical Services – 5 years, 3 years, 1 year or 3 months

Researcher – 5 years, 3 years, 1 year or 3 months

Instructor (e.g. high/middle school language teachers) – 5 years, 3 years, 1 year or 3 months

Engineer – 5 years, 3 years, 1 year or 3 months

Specialist in Humanities/International Services (includes language school teachers, translators & interpreters) – 5 years, 3 years, 1 year or 3 months

Intra-company Transferee – 5 years, 3 years, 1 year or 3 months

Entertainer (e.g. singer, dancer, actor) – 1 year, 6 months, 3 months or 15 days

Skilled Labour (e.g. foreign cuisine chef) – 3 years or 1 year

Technical Intern Training (*3) – Technical Intern Training (i): 1 year or 6 months; Technical Intern Training (ii): designated period not exceeding 1 year

Cultural Activities (unpaid) – 1 year or 6 months

Student (*4) – 4 years 3 months, 4 years, 3 years 3 months, 2 years 3 months, 2 years, 1 year 3 months, 1 year, 6 months or 3 months

Trainee – 1 year or 6 months

Dependant – 3 years, 2 years 3 months, 2 years, 1 year 3 months, 1 year, 6 months or 3 months

Designated Activities (e.g. domestic staff of diplomats, working-holiday scheme participants, 'medical-stay' visa-holders) – 5 years, 4 years, 3 years, 2 years, 1 year, 6 months or other designated period not exceeding 3 years (*5)

Permanent Resident (including Special Permanent Residents) – indefinite

Spouse or Child of a Japanese National – 5 years, 3 years, 1 year or 6 months (*6)

Spouse or Child of a Permanent Resident – 5 years, 3 years, 1 year or 6 months (*6)

Teijūsha Long-Term Resident (e.g. nikkeijin foreign nationals of Japanese descent) – 3 years, 1 year or other designated period not exceeding 3 years

Temporary Visitor (e.g. sightseeing, business trips) – 90 days, 30 days or 15 days

Notes:

*1 From July 2012, the maximum period of stay for most work-based statuses of residence, the Spouse or Child of a Japanese National status of residence and the Spouse or Child of a Permanent Resident status of residence, was increased to five years. A new three-month period of stay was also added to most work-based statuses of residence, and a new six-month period of stay was added to the Spouse or Child statuses of residence.

*2 This was changed from 'during mission' in April 2012.

*3 This status of residence was introduced in July 2010.

*4 The Student status of residence was introduced in July 2010, merging the former 'Pre-college Student' and 'College Student' statuses of residence. From July 2012, the maximum period of stay under