Visa Application Procedures
◇Application for Certificate of Eligibility
What is a Certificate of Eligibility?
Foreigners trying to enter Japan are subject to immigration inspection at ports of entry. Although resident cards may be issued by immigration inspectors in accordance to the Immigration Control and Refugee Recognition Act, one can appreciate that a large influx of people entering Japan makes it impossible to spend sufficient time examining each person at the port of entry.
Certificates of Eligibility are intended to make for a smoother, more efficient entry into Japan. They are issued prior to leaving the country of origin to indicate that a person had already been screened and cleared, having shown evidence of meeting eligibility standards such as education, employment history, etc.
Once received from Japan, the certificate must be presented at a Japan Embassy or Consulate in addition to other required documents for Visa approval.
How to obtain one?
Certificates of Eligibility are obtained through the Regional Immigration Office in Japan, which has jurisdiction over the applicable domicile or workplace address.
To obtain a certificate, documents must be submitted to provide evidence of qualification for the residence status being applied for and to verify that landing criteria suitability standards have been met.
Regardless of qualifications, those who do not meet requirements for the status of residence being applied for may be deemed ineligible. It is essential, therefore, to thoroughly prepare documents with care.
Who may prepare an application for a certificate?
Applications may be prepared and submitted by only the following:
(1) The employer
(2) A legal representative who is registered with the regional immigration office, such as a lawyer or immigration lawyer (Gyoseishoshi).
(3) A relative of the applicant who already resides in Japan, such as a parent, spouse, or sibling.
(4) The applicant, only after having entered Japan for a short stay.
Other considerations when applying for a certificate
Obtaining a Certificate of Eligibility is not simply a matter of submitting an application. Depending on the desired status of residence, it may be required to submit substantive documentation that verifies the financial health of a business, for example.
Additionally, it may take considerable time to obtain and submit documents through the mail system, such as a proof of employment or school transcript. Should you apply, it is important to consult and act as soon as possible.
A Certificate of Eligibility is valid for three months from the date of issue. This means that, once issued, you must enter Japan within those three months. In cases where the date of entry into Japan is fixed, consideration must be given toward timing the application correctly.
The summarized process, from application to acquisition
(1) Prepare necessary documents.
(2) Submit completed paperwork to the immigration office in Japan.
(3) Once a certificate is issued, arrange for a representative to go to the immigration office to pick it up. Should a certificate not be issued, confirm the reason.
(4) Have the issued certificate mailed to you.
(5) The applicant applies for a VISA at a Japan Embassy or Consulate within the country of origin.
(6) The Japan Embassy or Consulate issues the VISA.
(7) The applicant presents the passport, Certificate of Eligibility, and VISA upon entry into Japan.
(8) Upon entering Japan, a Landing Permit is issued and a resident card can be obtained. If a resident card is not issued at the port of entry, it will be mailed to you at a later date.
Registering upon entry into Japan
Those who enter Japan successfully, and plan to stay longer than three months, are required to register their domicile address at the municipal office nearest that address within fourteen days of entry.
◇Application for Change of Status of Residence
It is the Status of Residence that stipulates the range of activities that one is permitted to engage in, while in Japan. When considering working in Japan after graduating from school, for example, or contemplating changing employers, it becomes necessary to apply for Change of Status of Residence.
◇Application for Extension of Period of Stay
In the case where one wishes to continue working, studying, or living in Japan beyond the expiration date of the visa, renewing one’s Status of Residence is required. The application can be processed approximately three months prior to the expiration date. It is recommended to apply well in advance.
◇Application for Permission to Acquire Status of Residence
This is required when a child is born to a foreign couple already residing in Japan. In the case that the child will continue to live in Japan, the application must be submitted within thirty days of the child’s birth.
◇Application for Permission to Engage in an Activity Other Than Those Previously Permitted by the Status of Residence
“Students” or “Dependents” in Japan wishing to work part-time are required to obtain Permission to Engage in Activity other than that Permitted by the Status of Residence previously granted.
To avoid illegal employment, you must apply in advance to the Immigration Bureau.
◇Application for Certificate of Authorized Employment
What is a Certificate of Authorized Employment?
This is a useful document to have in advance of changing jobs. It is obtained through the Immigration Bureau, and is meant to help both the foreign national and their potential employer, as it verifies work eligibility and specifically indicates the type of work permitted, as stipulated within the Immigration Control and Refugee Recognition Act.
Advantages of having a Certificate
In Japan, it is a crime to hire illegal workers. Whether intentional or unintentional, it matters not. The crime of “facilitating illegal employment” by the employer risks imprisonment of up to three years, or a fine of up to 3,000,000 yen as stipulated in Article 73-2 of the Immigration Control and Refugee Recognition Act. The Certificate of Authorized Employment offers the advantage of reducing the risk of hiring an illegal worker unintentionally.
Where a foreigner possesses Residence Status (such as Spouse or Child of a Japanese National, or Spouse or Child of a Permanent Resident), submitting the certificate reassures a potential employer that working is permitted.
(2) Provides peace of mind for the foreign national.
While in Japan, foreigners with a Work Visa must consider the affect that changing jobs may have on the outcome of a future visa renewal application.
Having a Certificate of Authorized Employment indicates that the Immigration Bureau certifies that there are no activity conflicts, eliminating unnecessary anxiety for the duration of the stay.
A guideline of note when applying for a Certificate
In regards to work eligibility certificates and disadvantageous treatment, Article 19-2, Paragraph 2 of the Immigration Control and Refugee Recognition Act states:
“No person shall, upon employing a foreign national, etc., treat the said foreign national disadvantageously on the grounds that the said foreign national fails to present or submit the document set forth in the preceding paragraph when it is clear that the activities of operating a business involving income or receiving remuneration that the said foreign national is capable of performing are obvious.”
Although the Certificate of Authorized Employment is a source of reassurance for an employer, it is not required to be submitted. The Act stipulates that companies may not make the decision to refuse employment based solely on the absence of a certificate of eligibility to work when it is clear that a person is able to work, nor may they take any action that would constitute unfair discrimination.
Who may apply for the Certificate of Authorized Employment?
(1) The applicant.
(2) A person who is authorized to act as an agent for the application and who has received a request from the applicant.
・Employees of an institution managed by or employed by the applicant.
・Personnel of the organization where the applicant is receiving training or education.
・Personnel of an organization that manages activities to acquire skills, technology or knowledge by the foreigner.
・Official staff of a public interest corporation whose purpose is to smoothly accept foreign nationals.
(3) Lawyer or Immigration Lawyer (Gyoseishoshi) who is registered with the Director General of the Regional Immigration Bureau.
(4) Legal representative of the applicant.
◇Re-entry Permit Application
Having a re-entry permit will simplify the procedure of returning to Japan after leaving.
◇Extension of the valid period of Residence Card
Those who hold the status of “Permanent Resident”, “Highly Skilled Professional (ⅱ)”, or those whose resident card is valid until their 16th birthday must apply for renewal before the expiration date.
◇Notification of Relationship with Spouse
Notification is required to be filed in the event of a divorce or the bereavement of a Japanese spouse to the Immigration Bureau within fourteen days of the occurrence.
◇Application for Permanent Residency
Having Permanent Resident status eliminates all restrictions on employment or period of stay. When applying for permanent residency, expect to be asked about past residency status, family relations, occupation, and tax payments.
◇Application for Naturalization
We will help you prepare for your application to the Legal Affairs Bureau, and provide support in obtaining Japanese citizenship by advising you on the necessary documents.