Change of Status of Residence

Explanation of the Guidelines for Change

Guidelines for changing the status of residence have been established by the Ministry of Justice. The term “guideline” here differs from the casual sense of a mere “suggestion” or “standard” that we might use in daily life. In practice, these are a type of regulation issued by the government, serving as standards for the broad discretionary power of the Minister of Justice. Failure to comply will be considered a negative factor and will decrease the probability of your change being permitted. While these guidelines are slightly more flexible than absolute rules or rigid criteria, they remain a powerful factor in the consideration of your application.

The activity after the change must fall within the scope of the new status of residence

The conditions for obtaining a status of residence consist of two levels: the “1st floor” part and the “2nd floor” part. This point concerns the “1st floor” part.

Each type of status of residence is linked to a specific type of permitted activity. The question is whether the activity you newly plan to undertake fits within that predefined scope.

Compliance with Ministerial Ordinance Criteria (The “2nd Floor” part of requirements)

This is the “2nd floor” part of the two-level requirements for obtaining a status of residence. Ministerial Ordinance Criteria are regulations issued by each ministry. Unlike laws, they do not require deliberation in the Diet, allowing ministries to freely make changes within the scope of the law. Regarding the Immigration Control Act, these are ordinances from the Ministry of Justice. By utilizing ordinances rather than laws, which take time to amend, the system allows for a swift and flexible response to economic and social changes.

Whether your new activity complies with the Ministerial Ordinance Criteria for the new status is the key question. Note that some statuses of residence do not have Ministerial Ordinance Criteria.

Appropriate performance of activities under the current status (Quality, Quantity, and Duration)

The appropriateness of the period leading up to the change is scrutinized. If you have not used your status of residence appropriately during the period before the change, it will be predicted that you will not use it appropriately after the change either.

Good conduct and lack of misbehavior

Factors such as whether you have committed a crime are questioned. While having a criminal record does not immediately or absolutely lead to the denial of the change, it will disadvantage the application.

Financial independence (Not being a burden on Japan’s public assistance)

The question is whether you are expected to secure enough income to maintain an independent livelihood through your work or business after the change. It is difficult to allow an individual to continue staying in Japan if there is a high possibility of them becoming a burden on public assistance.

Compliance with laws regarding employment and labor conditions

Whether the environment of your employment or business is correct in light of the law is questioned. While responsibility naturally extends to the foreign national for cases such as engaging in illegal labor through an acquaintance, if the cause lies with a company or organization other than yourself, that fact will be fully considered as something for which the foreign national was not responsible.

Fulfillment of obligations such as tax payments

Whether you have fulfilled your obligations to pay taxes and other dues is questioned. These include the following:

• General taxes (Income Tax, Corporate Tax, Resident Tax, etc.)
• Health Insurance premiums
• Pension contributions

Regarding the above, the duration, amount, and reason for any non-payment will be questioned. Delinquency for even a very brief moment does not immediately and absolutely lead to the denial of the change.

Fulfillment of reporting and notification duties regarding residency

Mid-to-long-term residents who hold a Residence Card have a defined duty to report information regarding their residency, and whether they have fulfilled this duty is questioned. Specifically, this includes:

• Whether you have updated the information on your Residence Card to the latest status reflecting reality.
• Whether you applied for an extension or update before the expiration of the Residence Card.
• Whether you applied for the re-issuance of your Residence Card in case of loss, etc.
• Whether you returned the Residence Card when required.
• Whether you made necessary notifications regarding your affiliated organization (employer or educational institution).

Basic Rules for Changing Status

When changing your status of residence, you must pay attention to the following rules. Failure to follow these rules can lead to deportation, so caution is required.

Change First, Act Later (Change precedes the fact)

The formal change of status of residence on paper must occur before the change in actual activity. For example, when changing companies or starting work after graduation, you must first change to the status of residence required for the new job before you actually start working. The sequence must not be “I changed companies, so I should change my status soon.” Otherwise, it may fall under “activities outside the scope of permitted residency,” potentially leading to deportation.

Cannot change from “Temporary Visitor” status

Unless there are unavoidable circumstances, you cannot change from a “Temporary Visitor” status to another type of status of residence.

This is because the “Temporary Visitor” status is for purposes like travel, sightseeing, or visiting relatives, and does not involve labor activities that significantly impact the economy or society. Therefore, the landing examination for Japan is conducted simply, and visas may even be waived, resulting in issuance through a relatively light screening process.

“Please re-enter through the heavy, formal procedures from the beginning.”

Incidentally, cases where a Certificate of Eligibility (COE) has already been issued are the most common “unavoidable circumstances” that allow a change from “Temporary Visitor” status.

When there are Reasonable Grounds

The change of status of residence is permitted when there are “reasonable grounds.” The phrase “reasonable grounds” allows for the possibility of adding or reducing criteria depending on the specific case.

Procedures required even for changes within the same category

At first glance, some statuses of residence may appear to have the same name but actually contain different sub-types.

For example, as listed below, even if a change is between these sub-types, they are considered different statuses of residence, and an application for change is required.

• Highly Skilled Professional (i)(a), (i)(b), (i)(c), and Highly Skilled Professional (ii)
• Specified Skilled Worker (i) and (ii)
• Technical Intern Training (i)(a), (i)(b), (ii)(a), (ii)(b), (iii)(a), and (iii)(b)

How to Apply for Change of Status

Applications for a change of status of residence are made through the following methods.

Applicants

• The foreign national applicant
• Legal representative (when the applicant is under 16 or has mental disabilities)
• Authorized application agents
  • Administrative Scriveners or Lawyers
  • Staff of the affiliated organization (company, school, etc.)
  • Relatives or cohabitants (only if the applicant cannot appear in person due to illness, etc.)

Timing and Deadlines

Before undertaking new activities that necessitate a change, and before the expiration of the current period of stay.

Place

The Regional Immigration Services Bureau with jurisdiction over the foreign national’s address.

Required Documents

The required documents vary depending on the status of residence and are complex and diverse.

Please check the details for each specific status.

Special “Grace Period” Rule if Stay Expires During Application

There is a special rule that extends the period of stay while an application for change is pending.

Ideally, a change of status of residence should naturally be completed before the expiration of the current stay. However, due to various reasons, an application may be filed at the last minute, or the Immigration Services Bureau may be busy, leading to a situation where the period of stay expires before a result is received. For such cases, a special rule regarding the period of stay exists.

Under this situation, even after the period of stay has passed, you can legally remain in Japan until the result of the disposition is released, for a maximum of two months from the original expiration date. During this extension, you are considered to hold your previous status of residence.

Notification of Permission

The notification of permission for a change is made by issuing a Residence Card to those who newly become mid-to-long-term residents, and by an endorsement in the passport for others. The change takes legal effect from the moment these are issued or recorded.