(1) PURPOSE OF THE ACT AND SYSTEM
The objective of this Act is to provide for equitable control over the entry into or departure from Japan of all persons and to consolidate the procedures for recognition of refugee status.
(2) OUTLINE OF THE ACT AND SYSTEM
Status of residence categorizes the activities that foreign nationals can engage in. The statuses of residence are listed in the tables annexed to the Act. Major examinations conducted concerning the status of residence are landing permission (Articles 6 and 7), permission for changing status of residence (Articles 20), permission for extending period of stay (Article 21), and acquiring permission for acquisition of status of residence (Articles 22-2 and 22-3) and permission for permanent residency (Article 22).
(3) CABINET ORDER AND MINISTERIAL ORDINANCES | |
. | Cabinet Order for Designation of Regions as in Item b of Paragraph 5 of Article 2 of the Immigration Control And Refugee Recoginition Act |
. | Enforcement Regulations of the Immigration Control and Refugee Recognition Law |
. | Ministerial Ordinance Stipulating the Criteria Prescribed by Item 2 of Paragraph 1 of Article 7 of the Immigration Control and Refugee Recognition Law (hereinafter referred to as the "ministerial ordinance regarding the criterion") |
. | Enforcement Order of the Law on Special Provisions for Landing Application by Foreigners Retaining Passports as Defined in Item b of Paragraph 5 of Article 2 of the Immigration Control And Refugee Recognition Act |
(4) OUTLINE OF THE CONTROL
1) Items Covered
All persons who enter and leave Japan and foreign nationals residing in Japan
2) Outline of Specifications, Standards and Inspections
i. Application for Landing
Any foreign national who seeks to land in Japan first applies for landing by submitting passport, etc. to an Immigration Inspector upon his arrival at the airport or seaport(Designated Port) in Japan(Article 6). When this "application for landing" is made, the Immigration Inspector conducts an examination to determine whether or not he meets the "conditions for landing", and must affix "landing permission stamp" on the passport of the foreign national when the Immigration Inspector deems that the foreign national has met the "conditions for landing" (Article 9).
ii. Examination of Status
At the time of granting a permission for landing, at first, a foreign national should fall under any one of the statuses of residence (Appendix) (except for permanent residents), secondly for some statuses of residence for which criteria are provided in the Minister of Justice ordinance the foreign national should conform to the criterion.
The "status of residence" indicates a scope of foreign nationals that Japan accepts; whereas, "ministerial ordinance regarding the criterion" prescribes the criterion to be definitely satisfied, paying attention to educational background, practical business experience, monthly remuneration or the norms of the accepting organization and the speediness and transparency of the examination are secured through this.
(Certificate of Authorized Employment)
If an application is submitted by a foreign national staying in Japan, the Minister of Justice may issue a document (Certificate of Authorized Employment) certifying eligibility of the applicant for activities involving the management of a business generating income or activities for which he receives remuneration in accordance with the provisions of the ministerial ordinance (Article 19-2).
iii. Change of Status of Residence
As to the granting of permission for a change of status of residence, extension of period of stay or acquisition of status of residence, the Act does not require to specify in the said ministerial ordinance the conditions to which applicants must conform. Such permission is granted not only in accordance with the ministerial ordinance regarding the criteria, but also if it is found that there are reasonable grounds to grant permission for a change of status of residence, extension of period of stay or acquisition of status of residency, taking into consideration the situation concerning the applicant's stay and changes in the surrounding circumstances, etc. However, regarding the granting of permission for a change of status of residence, extension of period of stay, activities that the applicant can engage in must fall under one of the statuses of residence listed in the tables annexed to the Act.
Any foreign national staying in Japan must apply to the nearest Regional Immigration Bureau, branch or sub-branch for a change of status of residence, extension of period of stay or acquisition of status of residence. However the parents or spouse of an applicant may
apply on his/her behalf in cases where the applicant is under sixteen or is unable to present himself/herself in person due to severe illness, etc. Also the applicant need not present himself to the Immigration Bureau, etc. when applying through authorized staff of companies which employs the applicant or non-profit foundations or authorized administrative scriveners approved whom the Minister of Justice deems appropriate.
(5) HIGHLIGHT OF THE RECENT AMENDMENT
Please see: http://www.immi-moj.go.jp/hourei/index.html
(6) REFERENCE INFORMATION
1)Amendment of ministerial ordinance regarding the criterion for "engineers"
Part of the amendement of the Ministerial Ordinance regarding status of residence under "engineer" enabled a foreign national who has pass the examinations designated by the Notice of the Minister of Justice among foreign qualifications and examinations mutually recognized with Japanese IT-related qualifications, or a foreign national qualified, to enter regardless of the landing criteria for "engineers", requirements for more than 10 years of work experience and academic background. Subsequently, IT engineers, of the criteria for "engineers", requirements for work experience and academic background has been relaxed of for a foreign national who obtained certain qualifications in Singapore, Republic of Korea, China, the Philippines, Vietnam, Myanmar, and Taiwan.
2)Guideline issued on December, 2000 (on "investor and business manager")
While the Ministerial Ordinance providing standards upon obtaining status of residence under "investor and business manager" sets the requirement as having no less than two full-time staffs, if an investment of certain scale (at more than JPY 5 million) is constantly maintained, then it is considered as such requirement being met.
3)Guideline issued on August, 2005 (on "establishment (location) of business office" and "continuation of the business")
If the business is conducted using parts of a rented property, then requirements include agreement by the owner of the property, securing rooms solely for use for the business, clarification of arrangements regarding shared costs such as public utility payments, displays of public signs such as signposts. Also, the decision criteria provided is dependent on status of account figures, based on decision of continuation not from a single yearly figure but from the figures of nearest two annals.
(Liaison Offices for Further Information)
Immigration Bureau,Ministry of Justice
Tel 03-3580-4111 http://www.moj.go.jp
Immigration Information Center
Tel: 03-5796-7112 (Tokyo)
Tel: 03-3209-6177 (Shinjuku)
Tel: 045-651-2851,2(Yokohama)
Tel: 078-326-5141 (Kobe)
Tel: 06-6941-3701,2(Osaka)
Tel: 082-502-6060 (Hiroshima)
Tel: 052-223-7336,7(Nagoya)
Tel: 092-282-8681,2(Fukuoka)
Tel: 022-298-9014 (Sendai)
Scope of accepting foreign nationals by status of residence(PDF file)