Queries – Status of Residence and Visa

Pros and Cons of Immigration Matters

When I lived in the US, I applied for the working visa, called H-1. At that time, I was told that the key point of application is “the Cover Letter written by Immigration Lawyer.”. The key point whether the candidate obtains the visa depends on who wrote the cover letter and this letter convince the officer.

Immigration law in the US is the federal law and statutory law. The process shall be oblige to the stated law. However, the US is the common law county (the laws are made by the numeral cases and the laws will be changed when the latest case is conflict of the previous cases) and it would be possible the discretion of the officer has a power of determination whether candidate obtains the status or not.

Japan, on the other hand, is civil law county and the basis of the law is statutory laws. For the process of entry, the management of immigration and refugee acceptance law and any related laws and regulations. However, even Japan, there is gray zone and discretion and method based on the humanity may be existed.

Let’s discuss such a pros and cons of immigration and visa process in this corner.

⭐️　The method for foreigners to stay long except working status

Foreigners can stay middle to long period based on (1) working for domestic corporation or child company of foreign based company here, or (2) become the Japanese spouse or exist Japanese parents here in Japan. It is not easy to stay more than 3 months without job or Japanese spouse. There is no investor status although exist previously that changed the status from investor/manager to business manager and as of December, 2023, there is no Digital Nomad Visa, foreigner can stay the foreign country bringing to the work in its national country.

I got many queries as the professional at Relocate.world from many people that they wanted to purchase vacant property and stayed in Japan on their retirements after they may have read the article written by foreigners living outside of Japan at Relocate.world, “So many vacant and cheap real properties in Japan” . However, in short, even foreigners can’t stay here when just purchased the real properties. The only way for staying Japan for using the real properties is to obtain the business manager status by investing more than JPY5M (in cash, contribution in kind does not work), establishing the corporation, creating business plan describing this corporation make the profit and employment, and convincing the immigration bureau that he/she has a knowledge and experience for operating the corporation.

If the foreigner wants to make  lodging facility, it is not easy to obtain the license for guest house, ryokan or hotel management. So it is better to purchase the facility that used to operate as guest house, ryokan or hotel and obtain the license certificate or at least some evidence from real property agent. Even purchasing the inexpensive real property, if he/she can’t get the license as lodging facility, nor obtain the residence status, the real property will be used only by the short lodging during the holidays that does not pay. Therefore, purchasing the real property for the purpose of license and residence status, it is better to consult with the professional like me before purchasing.

🌟　Permanent Resident and Highly-Skilled Foreign Professionals

The system of Point-based Preferential Immigration Treatment for Highly-Skilled Foreign Professionals began in 2012 and this system is used for the immigrant whose role and investment amount are not so high comparing with the Business Manager Status (previously Investor and Business Manager) and he or she come to Japan as Executive Manager or Executive but eligible to apply for Highly-Skilled Professionals and can obtain various merits for the same ones as Business Manager (so long as I understand). This system was changed in 2015 that the highly-skilled foreign professional under the system (satisfies 70 points) can apply for the permanent statue after 5 years of obtaining this status instead of 10 year residence in Japan. The system was further changed in 2017 that Highly-skilled foreign professional can apply Permanent Residence Status after 3 years of obtaining this status, or one year if he or she gets more than 80 points. Therefore, recently, this system is told as comparison with Permanent Residence instead of Business Manager and considered to be used this system for applying Permanent Residence later.

・The Point System for Highly-Skilled Foreign Immigrant Professionals

It is possible to obtain 70 points of this system if the person obtains highly education, have decent job history and get high salary but relatively young. Once applicant obtains the high-skilled foreign professionals status, the period of stay will be 5 years (longest period of non-permanent visa status), the employment of the spouse will be possible, he or she brings his or spouse’s parent along his families under certain conditions (for the care of the child under 7 years old or the care of pregnancy of the spouse or applicant itself) or bring the servant with the applicant (family income has to be more than JPY1,000M and need to satisfy other several conditions). Under Management Status, bring the servant is allowable but not allowable to bring the parent and the employment of spouse without obtaining the visa individually. For the foreigners who want to call its parent or come to Japan with the spouse who wants to work here, this is rather convenient to apply under this system. However, parent can come here only if she cares for the grandchild or pregnant applicant or its spouse, not because the parent is needed someone’s care. If the applicant wants to bring the parent for her care, the parent has to obtain Designated Activity status and to obtain this status is not easy.

・Permanent Residence

The biggest merit to obtain Permanent Residence status is to gain the reputation for him and to be guaranteed the stable life in Japan. Any Japanese Bank does not provide the housing loan to foreigner if he is not Permanent Residence regardless of the amount of his income (I heard even not mega bank, there is no exception for this rule), nor obtain the fund for the business operation. Such situations are changed once he gets Permanent Residence, and it is possible to choose to pay the tax (typically, withholding tax) in Japan if he thinks it is favorable for him. To apply Permanent Residence Status, the applicant has to legitimately lived in Japan at least 10 years. However, if the applicant wants to change the current status to Permanent Residence quickly, this is a merit because change from highly-skilled professional to Permanent Residence is faster than the transfer from any other status. Even having Permanent Residence, he can’t bring the parent from foreign country as his families. However, this is the merit that he can choose any type of work which status and salary would not be asked by and this status is not required to be renewed (although the card itself has to be renewed every 7 years). At the beginning of the point system, some client asked me whether he could apply Permanent Residence if he applies for and obtain the status of Highly-skilled Professional. At that time, he already lived in Japan for five years. If he is still working in Japan, now he can apply under the new point. Is he still live here or have gone already…..?

🌟　Short Stay

The change status from Short Stay to Middle or Long Stay

Sometimes we receive the message about the person, who came from Visa Waiver Country (URL) and during the Process of Working or Intra-Company Transfer, already entry of Japan by Short Stay Status and being asked the new process for him. We know the fact after the entry by receiving the HR of the corporation because we accept the work for him by the corporation, not directly from him. It also happens that he already received Certificate of Eligibility but entry of Japan without going the consulate or embassy to obtain the visa because of his busy work schedule, family reason or simply does not want to wait. Such a person tends to imagine there is no problem for the process change because the corporation sponsors his application of eligibility and therefore, his status is acknowledged. However, the reason he wrote at the entry of Japan by Short Stay is different from the one submitting his application of certificate of eligibility. So the process for him is to change the status – added to one process more. We have to fill in the form of application for change of status of residence including the special reason for the change, collect the required documents for the application, and submits them to the Immigration Bureau. We need to attach the certificate of eligibility, so submit the document when we already received it or wait the submission until we receive the certificate. Since the term of Short Stay is three months, he has to departure from Japan if the process of the first application is not completed and we do not receive the certificate within this period.

Be cautious for the entry and obtaining advice is recommend.

🌟　Denial of Entry

This story is based on the consultation for a person who was denied the entry of Japan caused by the action of denial of entry. He was born between the foreign national father and Japan national mother and raised in Japan. His nationality was as foreigner. Because of his friends’ bad influence, he addicted marihuana, indicted for possession of marihuana, suspended sentence with probation period, and deported from Japan (not clear it is true that he said he went out of Japan with his own will.) Since then, 30 years until today, he has no criminal record and frequently visited Japan. However, recently, he suddenly was resisted the entry. It seems the authority did not notice of his criminal record and reason for the deportation until after the database was computerized. Since he could not entry of Japan, he called his mother who became physically weak to the county he was living and supported her. His mother was died recently and his aunt cared for the grave of his families on behalf of him. He wants to entry of Japan so that he can visit the grave, express the appreciation to his aunt and say hello to his relatives.

The Possibility of Entry

If foreigner is one of the categorization under Article 5, Immigration Law (more accurately say, Immigration Control and Refugee Recognition Act), he is treated as the undesired person for the county to come and denied the entry of Japan. The person who breached Japanese of any other country’s control law of Narcotics, Marihuana, Opium, Methamphetamine, or Phototropic Drug will be denied the entry and the period of the denial of entry for person who sentenced more than one year or imprisonment is perpetual.

In our case, he should have been denied the entry as a matter of course. Imagine the reason the inspector did not notice the fact and permitted his entry because he did not check “criminal record” on the entry card previously.

Special Permission of Entry

There is exception of the denial of entry under Article 5 of the law stated above. When there is the discretion of the Minister of Justice for special permission of entry, it is possible to entry of Japan. However, this permission is literally special and it requires the extremely special reason. Generally said, it is issued for the person having and leaving close relatives, such as spouse or/and children who required the support, in Japan.

In our case, his parents were deceased, he married in the foreign country. He only had relatives and he entered in Japan many times by the false (though he was not aware) application of entry card- no criminal record. After I advised him it is few possibility to obtain the special permission of entry even if we do the process for, he gave up to move forward.

Regardless of the consciousness, involving the use of the methamphetamine or marihuana, false application for the entry gave him extremely cruel consequence.