This article is written by a Japanese local.
The “examination period” (typically 1 to 3 months) after submitting a visa (status of residence) change or extension application to the Immigration Bureau is a legally unstable and delicate state. Just because your passport or residence card is stamped “Application Pending” does not mean your stay is unconditionally guaranteed.
It is constantly seen that applicants unknowingly take “prohibited actions” during this period, stepping on landmines that lead to rejection or overstaying (illegal stay). This article thoroughly explains the three actions you must avoid during the examination, their legal risks, and the logical steps to take if you encounter trouble.
1. Unplanned Departure (Overseas Business Trips or Temporary Return)
The most frequent trouble during the examination period is leaving Japan without a plan. To get straight to the point, leaving the country using a “Special Re-entry Permit” while your application is pending is not illegal. However, in practice, it carries the following two fatal risks, making it wise to avoid it as much as possible.
Risk 1: Exceeding the “Special Exception Period” and Failing to Re-enter
If you apply for an extension or change before your period of stay expires, a “Special Exception Period” applies. This allows you to legally stay in Japan “until the result is issued, or for a maximum of two months from the original expiration date,” even if your current visa expires.
However, if this 2-month exception period passes while you are overseas, your current visa will completely lose its validity at that moment. As a result, you will not be able to re-enter Japan, and your pending application will become void. You will have to start over from scratch and obtain a “Certificate of Eligibility (COE)” from overseas.
Risk 2: Failing to Respond to Requests for Additional Documents
If additional explanations or documents are required during the Immigration Bureau’s examination, a “Notice for Submission of Materials” will be mailed to your home. The deadline for submission is set very short, usually “within 1 to 2 weeks from the notice.” If you are overseas, miss the mail, and let the deadline pass, the Immigration Bureau will assume you “failed to respond to the request” and will issue a rejection.
If you absolutely must leave the country for a business trip, it is a mandatory condition to secure a proxy who can check your mailbox in advance and establish a system to immediately respond to notices from the Immigration Bureau.
2. Resignation or Job Change Causing the Foundation to Collapse
Resigning from your current employer or switching jobs while a work visa application is pending fundamentally destroys your own examination process.
Work Visas are Evaluated Based on Your “Current Sponsoring Organization”
The Immigration Bureau strictly examines company size and salary levels based on the premise that you will “engage in specific duties at the current sponsoring organization (company) listed on your application documents.” If you resign during the examination, that premise collapses, meaning your current application will 100% be rejected.
If you obtain a visa while hiding the fact that you resigned, it will be considered “permission granted by false declaration.” This is a severe violation of the Immigration Control Act, and your visa will be revoked as soon as it is discovered.
How to Handle Involuntary Resignation or Dismissal
Even if you are forced to resign due to company reasons such as poor performance during the examination, you cannot hide the facts. You must promptly go to the Immigration Bureau to “withdraw your application” (submit a withdrawal form). Once you find a new job, you must take the proper legal steps to reapply for a change of status based on your new sponsoring organization.
3. Failing to Report a Move (Address Change) to Immigration
Moving during the application process without reporting it to the Immigration Bureau is also highly dangerous. The assumption that “the Immigration Bureau will automatically know because I filed a move-out notice at the city hall” is incorrect.
Undelivered Notices Lead to “Examination Termination”
The postcard notifying you of the result and the aforementioned notice for submitting additional documents are generally mailed to the “address listed on the application form at the time.” Even if you use the post office’s forwarding service, forwarding takes time, and important documents from the Immigration Bureau are sometimes sent as “Do Not Forward.”
If documents are returned to the Immigration Bureau as undeliverable, it is assumed that communication is cut off. This not only delays the examination but also results in rejection in the worst-case scenario. If you change your address during the examination period, you must visit the Immigration Bureau counter where you applied, submit a “Notification of Change in Application Details” and a new certificate of residence, and update your address immediately.
Avoiding Trouble During the Examination Period: Common Q&A
Here is a summary of frequent questions regarding actions while an application is pending.
- Q. I committed a traffic violation during the examination. Will it affect my application?
A. A single minor parking violation or failure to stop will likely not result in immediate rejection. However, serious offenses like severe speeding, drunk driving, or driving without a license are considered poor conduct and will almost certainly lead to a rejection. - Q. My period of stay expired before the postcard (result notice) arrived. Am I overstaying?
A. As mentioned above, if the “Special Exception Period” (up to 2 months after expiration) is applied, you are not overstaying. However, you must appear at the Immigration Bureau by the final day of the exception period to receive your result.
During the visa examination period, changes in circumstances or delayed decisions can be fatal under the Immigration Control Act. If a questionable situation arises, do not hide or ignore it based on your own judgment. Promptly and accurately reporting it in accordance with the Immigration Control Act is the only approach to maintaining a lawful stay in Japan.