When residing in Japan as a foreign national, it is essential to understand the general flow of the immigration process. regardless of the type of residence, almost all cases will ultimately follow one of the flows described below. By knowing which phase you are currently in, what is required, what will happen next, and what could happen now, you can gain peace of mind and confidence in your residence.
“Acquire a Map of the Whole Picture”
Almost all residence in Japan follows these three phases. Foreign nationals come from outside Japan, reside in Japan for a certain period, and then leave for some reason. In other words, “Enter, Live, and Leave.” Each of these phases consists of numerous processes and rules.
- Entry Phase
- Residence Phase
- Departure Phase
For foreign nationals wishing to reside in Japan, grasping the overall picture and understanding which part of which phase their current problems or questions belong to is very important for conducting their residence in Japan calmly, safely, and with confidence.
“I am currently here, so this is the next step. I have to do this in a year.”
Now, let’s look at each in more detail.
Processes and Elements of the Entry Phase
- Denial of Landing
- Passport & Visa
- Certificate of Eligibility (COE)
- Entry/Landing Examination
- Status of Residence
I will explain what each process and element entails.
Denial of Landing
Not everyone is permitted to enter Japan. Naturally, Japan cannot admit criminals or dangerous individuals. Therefore, the Japanese government legally defines both “those who can enter Japan” and “those who cannot enter Japan.” The latter is defined by a list of conditions called “Grounds for Denial of Landing.” Based on this, objective and fair judgments are made uniformly, and if applicable, landing is basically denied.
“Naturally, criminals cannot be allowed to enter.”
Passport & Visa
To enter Japan, a Passport and a Visa are basically required (with some exceptions).
A passport often takes the form of a booklet and is issued by the government of the foreign national’s home country. It clarifies the foreign national’s identity and bears the role of guaranteeing their return in case of emergency. This allows the country accepting the foreigner to receive basic profile information from the most credible source regarding “who from which country is entering,” with a guarantee that the content is correct. Based on this, they allow entry, and in the unlikely event of an emergency, they can seek responsibility from that country.
“This is America. Our citizen Edward is going there (to Japan), so please take care of him. If anything happens, let us know.”
Certificate of Eligibility (COE)
The Certificate of Eligibility is a document used to receive an unofficial decision on a Status of Residence in advance when coming to Japan. There is a reason for this advance system.
First, generally three conditions are required to land in Japan:
- Not falling under the Grounds for Denial of Landing
- Possessing a valid Passport and Visa
- Falling under a Status of Residence
Landing is permitted when the above three are cleared. Among these three, the examination of whether one “falls under a Status of Residence” takes time. Therefore, instead of arriving in Japan and waiting for an on-the-spot examination without a reservation, this certificate allows the foreign national to undergo the examination for only the part related to “3. Status of Residence” in advance while they are still in their home country. Receiving this beforehand is the mainstream application process.
Entry/Landing Examination
The Landing Examination checks the following three conditions for entry. If cleared, Landing Permission is granted.
- Not falling under the Grounds for Denial of Landing
- Possessing a valid Passport and Visa
- Falling under a Status of Residence
Furthermore, structurally, three chances are given for the Landing Permission examination.
1st Examination: Examination by an Immigration Inspector
2nd Examination: Hearing by a Special Inquiry Officer
3rd Examination: Objection to the Minister of Justice
“Three items are examined through a three-stage examination system.”
Status of Residence
You may be surprised, but “Status of Residence” is not the permission to reside in Japan itself. The permission itself is called “Landing Permission,” and Status of Residence is merely one condition for Landing Permission. There are about 30 types of Status of Residence, which define what kind of activities the foreign national may engage in within Japan. Therefore, just because you fit a Status of Residence does not necessarily mean you will be granted permission to reside in Japan. Permission to reside is granted through Landing Permission, which includes the appropriateness of the Status of Residence. Status of Residence is just one of the components.
”Just because you fit a specific Status of Residence does not mean you can reside in Japan.”
Processes and Elements of the Residence Phase
The Residence Phase is the phase where you actually live in Japan after receiving Landing Permission. What happens here is simple; the possibilities are “Change, Extension (Renewal), Revocation, and Deportation.”
Change of Status of Residence
Status of Residence can be changed. Situations for change include changing professions, graduating from school and getting a job, or when there is a more appropriate Status of Residence candidate even if the profession remains the same. It is not necessarily required to change when the current expiration date is approaching. The most important thing is that the activities you are engaging in (mainly professional life) match your Status of Residence at any given time, or that your activities are within the scope of your Status of Residence. It is essential to keep that state. If circumstances arise where you are about to step out of that scope, a Change of Status of Residence becomes necessary.
Extension of Period of Stay (Renewal)
This is an application to continue using the current Status of Residence anew even after the prescribed period has ended. It is necessary when the granted period of stay is up, but you wish to extend the period without significantly changing the current status of your actual life. If significant changes occur in your actual life (mainly work activities), a Change of Status of Residence may be more appropriate than an application for extension.
Revocation of Status of Residence
Even if you are granted a Status of Residence upon landing and successfully reside in Japan, it does not mean you can do anything you want until the expiration date. If you do something prohibited, your granted Status of Residence will be revoked. The main causes for revocation are as follows:
- - Receiving Landing Permission through false declaration.
- - Not actually engaging in the activities corresponding to the Status of Residence for 3 months or 6 months.
- - Failing to fulfill the obligation to notify the place of residence (for mid-to-long-term residents).
It is complicated, but care must be taken because the Status of Residence itself is not a license to be in Japan, but simply defines the possible content of activities. The closest thing to losing the license to be in Japan is “Deportation.” Since one of the grounds for deportation is “when Status of Residence is revoked,” losing your Status of Residence essentially means descending into the Deportation Phase.
Deportation (Forced Departure)
Deportation is a system to expel foreign nationals defined as undesirable from Japan. Conduct leading to deportation is uniformly defined in a list as “Grounds for Deportation,” and the method of deportation is also detailed as “Deportation Procedures.” This ensures objective and fair judgment and departure through standardized procedures, eliminating the danger of subjective judgment.
Processes and Elements of the Departure Phase
When residence in Japan is permitted, it may seem as if you are free to go back and forth between Japan and overseas during that period, but in reality, there are some restrictions and it is not completely free. Incidentally, foreign nationals are granted the freedom of departure, so please rest assured that you will not be confined in Japan without just cause.
There are three types of departure.
Natural and Peaceful Permanent Departure
This is called “Simple Departure.” It occurs when the reason or purpose for coming to Japan has been fulfilled, specifically when the contract period has expired, the period of stay is expiring, or there is no longer a reason or need to reside. Departing in this style results in the loss of Status of Residence, and to enter Japan again, it will be necessary to obtain permission from scratch.
Temporary Departure with Plans to Return to Japan
This is a departure style for returning to one’s home country temporarily. In this case, you must inform the Japanese government in advance that it is a temporary departure and that you plan to return within the expiration date of your Status of Residence (Re-entry Permit). If you depart without doing this, it will become a “(1) Simple Departure,” and you will have to obtain permission from scratch to enter Japan again, so caution is required.
Departure by Deportation System (Deportation)
This is departure via the Deportation System. Departure is enforced as an obligation. It is natural to feel fear or danger at the word “forced,” but in reality, regarding the method of departure, it is possible to depart through procedures with lower degrees of restriction or coercion in proportion to the lightness of the reason leading to deportation. Also, depending on the severity of the reason, the next landing in Japan may be restricted for a certain period.