Provisional Translation
| OTO No. | 537 | Classification | MOJ-8 |
|---|---|---|---|
| Date of Acceptance | October 11, 1995 | Ministry/Agency Receiving Complaint | Economic Planning Agency |
| Responsible Ministries | Ministry of Justice | Related Laws | Immigration Control and Refugee Recoginition Law |
| Complainant | Domestic firm | Exporting Countries | China |
| Subject | Expediting issuance of certificate of approval of residence status | ||
| Details of Measures | Foreigners residing in Japan must have a landing permit, have residence status to obtain a landing permit, or have residence status changed from the above. The following answers (in some cases, additional information have been given for complainant) were given concerning the five points raised by the complainant in this case. 1. The ministry has continued to make efforts to expedite issuance of certificates of approval of residence status and has directed regional immigration bureaus to carry out their operations in accordance with the implementation of the Administrative Procedures Law. Except for cases requiring careful examination, the ministry endeavors to process cases within two months and will continue to make efforts to shorten this period. 2. Regarding examination for approval of residence status, the increasing number of cases of persons wishing to start businesses in Japan who lack the residence status set out in the Immigration Control and Refugee Recognition Act, who do not meet the standards set out in the ministerial ordinance based on the above Law (the ministerial ordinance setting out the standards for Article 7 Section 1 Item 2 of the Immigration Control and Refugee Recognition Act), or who submit false documents, makes it necessary to handle cases carefully, by checking with the concerned bodies, conducting local investigations, and so on. This is a major reason for the length of time required for processing cases. 3. The content and standards used for examining approval and the documents required are clearly set out in the Immigration Control and Refugee Recognition Act, the regulations for implementing the said Law, and in the standards of Article 7, Section 1 Item 2 of the Immigration Control and Refugee Recognition Act. 4. Regarding the fact that approval of residence status has not been granted even though the complainant has obtained the right to do business in Japan, the right to do business and residence status are two entirely different matters, and the fact that a foreigner has become a company owner does not automatically entitle that individual to enter and reside in Japan. 5. Examination of "investment, company ownership" residence status requires that the applicant submit a business plan, because it is important that the enterprise started in Japan be operated appropriately and continue to operate in a stable fashion. However, presentation of a profit and loss statement is not required if the enterprise has not yet begun operation. As a result of examination, the complainant was informed on October 19, 1995 that issuance of a certificate of approval of residence status had been denied. When querying the reason for this, the complainant was informed that he did not meet the requirement set out in standard 1-b) on activities pertaining to investment and company ownership in Annex 1-2 to the ministerial ordinance setting out the standards for Article 7, Section 1 Item 2 of the Immigration Control and Refugee Recognition Act (namely, "that the facilities used as offices for conducting the business in question be located in Japan"). The complainant was also advised that examination of the present application had already been concluded, and that if a new application was made, examination would be conducted once more, taking into consideration the reasons for not issuing the certificate the last time. |
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| Classification of Processing | Cc | Directions | 1. II-a 2. II-a 3. I-b 4. I-b 5. I-b |
| Remarks | |||