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Immigration Lawyer Tokyo Japan | Immigration services: Permanent Residency, Long term resident visa, Working visa, Spousal visa, Certificate of eligibility, and all types of visa

TEL. 03-3443-5112

DOT4F 1-7-20 Hiroo Shibuya-ward Tokyo Japan
150-0012

Mori&Niitsu Legal Visa Office ~Visa Information~

Among various visa the immigration law provides, there are some rare visa which are like “diplomat” or “Official” visa.
I will give you more detailed explanation of the visa we’re often asked from our clients with some examples for your reference. We also attach the list of necessary documents, but some cases need the additional documents submitted.

1. Permanent Residency

2. Spouse or Child of Japanese national
3. Engineer/Specialist in Humanities /International service
4. Skilled labor
5. Dependent
6. Business manager


1.       Permanent Residency

※ In recentry, the Act of Immigration control was amended, and there is “Point system for Highly Skilled Human Resources”. When you are the person who could get over 70 points, you can apply for PR without the condition below.
If you receive “permanent residency” visa, your life gets almost the same
 as Japanese ones, having no hassle for renewing the visa and no restriction for work. They are good reason to get “permanent residency” visa. Generally speaking, we, Japanese feel more comfortable and trusted with “permanent residency” visa holders, so that is good advantage for job hunting, and easier to make a loan for house and cars. That is why, “permanent residency” visa is the most popular visa, but it requires severe condition of long-staying in Japan for more than 10 years. It doesn’t mean you can’t go back home or travel abroad from Japan for a short time while this term. Generally, this visa requires applicant staying in Japan for 10 years. However, “Spouse or child of Japanese National” or “Spouse of permanent residency” visa holder who have been married for more than 3 years and the certified term of stay is for 3 years, are able to apply for “Permanent residency” visa. “Long stay” visa holder can also apply for this if the applicant is staying in Japan for more than 5 years. Investigation takes over 6 months for obtaining the “Permanent Residency” visa since there are many matters for examination.

Required document
which shows your tax payment for 3years
-Certificate of Withholding tax payment, Certificate of Resident tax payment
which shows your assets
-Residence Condition Report, Bank account balance certificate (can be the one of your spouse)
which shows your personal status
-Copy of family register or deleted family register (if you are spouse or child of Japanese national)
-Birth certificate
Statement of reasons for obtaining permanent residency visa

Successful example
Nationality
USA
Condition
“Spouse of Japanese National” visa holder.
Applicant has been married for more than 5 years. Applied once by himself, but it was rejected by immigration. We helped him to apply again, 4 months later finally it was permitted.

NationalitySpain
Condition
“3-years Engineer/Specialist in Humanities/International Service” visa holder. Applicant has stayed in Japan for 10 years and helped him to apply, 6 months later it was permitted.

March 31, 2006
Immigration Bureau of Japan
The Ministry of Justice

Guidelines for Permission for Permanent Residence

1. Legal requirements

(1) The person is of good conduct.
The person observes Japanese laws and his/her daily living as a resident does not invite any social criticism.
(2) The person has sufficient assets or ability to make an independent living. The person does not financially depend on someone in the society in his daily life, and his/her assets or ability, etc. are assumed to continue to provide him/her with a stable base of livelihood into the future.
(3) The persons permanent residence is regarded to be in accord with the interests of Japan.

a) In principle, the person has stayed i n Japan for more than 10 years consecutively. It is also required that during his/her stay in Japan the person has had work permit or the status of residence for more than 5 years consecutively.
b) The person has been never sentenced to a fine or imprisonment. The person fulfills public duties such as tax payment.
c) The maximum period of stay allowed for the person with his/her current status of residence under Annexed Table 2 of the Immigration Control and Refugee Recognition Act is to be fully utilized.
d) There is no possibility that the person could do harm from the viewpoint of protection of public health.

The requirements (1) and (2) above do not apply to spouses and children of Japanese nationals, special permanent residents or permanent residents, and requirement (2) does not apply for those who have been recognized as refugees.

2. Special requirements for 10-year residence in principle

(1) The person is a spouse of a Japanese national, special permanent resident or permanent resident, and has been in a real marital relationship for more than 3 years consecutively and has stayed in Japan more than 1 year consecutively. Or, the person is a true child of a Japanese national, special permanent resident or permanent resident, and has stayed in Japan more than 1 year consecutively.

(2) The person has stayed in Japan for more than 5 years consecutively with the status of long term resident.
(3) The person has been recognized as a refugee, and has stayed in Japan for more than 5 years consecutively after recognition.
(4) The person has been recognized to have made a contribution to Japan in diplomatic, social, economic, cultural or other fields, and has stayed in Japan for more than 5 years.

Please see Guidelines for Contribution to Japan.
(Note) In these guidelines, for the time being, any person whose period of stay is three years shall be regarded as a person who is allowed to stay up to the maximum period of stay, as specified in the above Section 1 (3) c).

March 31, 2006
Immigration Bureau of Japan
The Ministry of Justice

Guidelines for Contribution to Japan

The person satisfies any of the below-mentioned requirements and has stayed in Japan for more than five years without causing any problems in his/her social life.

1. Common to all fields

The person has been awarded a prize by an international organization, foreign government or any equivalent organization, with the prize being internationally evaluated as authoritative.
ex.) Nobel Prize, Fields Prize, The Pritzker Architecture Prize and LegiondHonneur

The person has been given any of the following awards by Japanese government:
National Honor Award, decoration, the Order of Culture, Medal of Honor (except the Medal with Dark Blue Ribbon and an award for the deceased given to a bereaved family) or the Japan Prize

The person spent more than three years or so for pursuing public-service activities as a committee member, etc. appointed or commissioned by the Japanese central government or a local government.

The person has made great contribution to the conservation or development of the society or local community in Japan through medical, educational and other vocational activities.

2. Diplomatic field

The person has been working in Japan as a member of a diplomatic mission or consular office of a foreign government and has rendered distinguished service contributing to the improvement of friendship or cultural exchanges between Japan and his/her country.

The person has a career as a secretary-general, deputy secretary-general or a higher-level title holder of any equivalent managerial position of an international organization of which Japan is a member nation.

3. Economic or industrial field

The person has made contribution to the development of the Japanese economy or industry through his/her activities as an employee or management in a Japanese company whose stock is listed on the stock exchange or whose business scale is as large as those companies having listed stocks, and has been or had been engaged in the activities for more than three years in Japan.

The person has made contribution to the development of the Japanese economy or industry through his/her activities as a manager or equivalent title holder in a managerial position of a Japanese company whose stock is listed on the stock exchange or whose business scale is as large as those companies having listed stocks, and has been engaged in the activities for more than five years.

The person has made contribution to the industrial development of our country, and has been awarded a prize as a result of being selected from among nationwide candidates.
ex.) Grand Prize or Special Prize of Good Design Award (sponsored by Japan Industrial design Promotion Organization)

The person has made great contribution to Japans agricultural, forestry, fishery, industrial, commercial or other business development through his/her activities as an engineer or technical expert having advanced or high-level expertise.

4. Culture or art field

The person has been awarded a prize which is widely evaluated as authoritative in the category of literature, fine art, motion pictures, music, theater art, entertainment or other cultural or artistic fields.
ex.) La Biennale di Venezia, Golden Lion, Prince Takamatsu Imperial Art Prize, Academy Awards, Awards at Cannes Film Festival, Awards at Venice Film Festival, and Awards at Berlin Film Festival

The person has made contribution to the development of Japanese culture through his/her activities for more than 3 years in Japan in a position of leadership in the category of literature, fine art, motion pictures, music, theater art, entertainment or other cultural or artistic field.

5. Education field

The person has made contribution to the improvement of the level of Japans higher education through his/her activities as a full-time teacher or equivalent-to-fulltime professor, assistant professor or lecturer working for a Japanese university or any equivalent academic institution as defined under the School Education Law of Japan, and has been or had been engaged in the activities for more than three years in Japan.

6. Research field

The person has been recognized to have made distinguished achievements through his/her research activities and falls under any of the following:
The persons paper on the results of his/her research has been published in a scientific/technical journal, and has been referred to by two or more other researchers in their papers.
Two or more of the persons papers on the results of his/her research have been published in scientific journals as a result of selection through fair judgment.
Many of the persons papers on the results of his/her research have been published in authoritative scientific journals.
The person has been highly evaluated by a scientific society generally known as an authoritative organization, and has the experience of giving a lecture, etc.

7. Sports field

The person has won a high-level prize in a well-known international sports competition or other convention such as the Olympic Games, world championships, etc., or the person has made great contribution to such prize-winning achievement as a coach or instructor of such athletes and is pursuing instruction activities or promotion activities of that sport in Japan.

The person has won a high-level prize in an international sports competition or other convention, or the person has made great contribution to such prize-winning achievements as a coach or instructor of such athletes, and has spent more than three years in Japan pursuing sports instruction activities or sports promoting activities.

The person made great contribution to the promotion of sports in Japan.

8. Other fields

The person has contributed to the development of Japanese society in the field of public welfare, and won a prize as a result of selection from among nationwide candidates.
ex.) One More Life Workers Volunteering Award, awards for persons who are recognized to have made contributions to the society

The person made great contribution to Japanese society or welfare through his/her public-service activities.

Note for application
If you think you satisfy any of the above-mentioned requirements and apply for permission for permanent residence, please use the form in the next page and fill it out in a way to clarify the specific contents of your contribution and submit the form together with reference materials on the contribution.


2.       Spouse or Child of Japanese National

It is known as “visa for marriage to Japanese”. This is not only for the spouse of Japanese but also good for child of Japanese or special adoption.
Since this visa allow you to apply for “Permanent residency” visa after only 3 years from the marriage, and to do any kind of job with no job restriction, That cause many counterfeit marriages. Some people say that 80% of the application for “Spouse of Japanese National” to Immigration office are doubtful, so the investigation of foreign nationals especially from the country or region that has records for many counterfeit marriage sometimes takes 4 ~6 months. Due to many counterfeit marriages, real couples who truly love each others, their application will often get refused. We have about 5 ~ 6 couples (truly loving each other) every month trying to apply again for “Spouse of Japanese National” visa. The point of this visa is nothing but “current status of international marriage”, however the investigation standard seems to vary depending on where you from, we should contrive ways to draft the documents and prepare well enough for the application.

Required document (for marriage)
an official copy of the Japanese spouse's family register.
there is not enough time, “Certificate of Acceptance of Marriage Registration” will work.
a certificate employment, tax withholding certificate and taxation for both or either of the couple.

Successful Example
Nationality
Iran
Situation
application was refused on suspicion of counterfeit marriages when he graduated from the Japanese vocational school and get married. Applied again with collected enough evidence and 3 months later, it got permitted.

Nationality
Australia
Situation
Stayed in Japan with "Engineer" visa even after marriage to Japanese National and applied to change the visa status from "Engineer" to "Spouse of Japanese National" since the " Engineer" visa was going to expire. 1 week later, it got permitted.

3.  Engineer/Specialist in Humanities /International service

“Specialist in Humanities / International Service” is a working visa in Art, “Engineer” is a working visa in Sciences.
This status of residence is often applied for when the applicant who graduated from the faculty of law or Economic gets the job for Japanese company. There are necessary conditions below.
Graduates from university (incl. junior college, vocational school) or having business career for 10years and over.
What you learnt at university should be related to what you are working for.
The applicant must receive the same or more amount of payment as a Japanese national would for comparable work.
However, applicants who works as a translator, interpreter, instructor in language and designer more than 3 years doesn’t need to meet condition.
Also, as an important thing for investigation is the stability & credibility of the company you work for.

Required document
a graduation certificate (diploma) or graduation letter
transcript
job contract document between applicant and the company
Corporate Registration Certificate
company's recent Profit & Loss statement
company brochure
⑦Copy of total statutory withholding tax report

Nationality
USA
Academic background
graduated from the faculty of commerce in Japan
Service
merchandise management

Nationality
UK
Academic background
graduated from the faculty of business administration in Japan
Service
Language teacher

NationalityTaiwan
Academic background
Graduated School of Law and Politics in Japan
Service
office clerk for trading company.

Successful Example
NationalityAustralia
Academic background
graduated from the University in engineering in Australia
Service
IT Engineer

Nationality
India
Academic background
graduated from the vocational school for information processing in Japan
Service
IT Engineer

Nationality
China
Academic background
graduated from the University in engineering in China
Service
photographic processing engineer

4.  Skilled Labor

This is kind of unique among working visas. Generally speaking, cooks get this “ Skilled Labor” visa. For our office, 90% of clients who try to get this “ Skilled Labor” visa are Chinese cook, the rest, 10% includes very much technical job like a pilot, architect who also apply for this visa.
The necessary condition is almost the same as “Engineer/Specialist in Humanities/International Service” but educational background is not in need. Instead, more than 10 years work experience is most important thing for this application, so we need to prepare the official document or certification to prove the applicants’ work experience.

Required document
certificates of employment which shows work experience
The list of foreign staff in the company
job contract document between applicant and the company
Corporate Registration Certificate
company's recent Profit & Loss statement
company brochure

Successful example

Nationality Italy
Experience
15 years experiences
Occupation
Italian cook

5.        Dependent

“Dependent” is the visa for foreign National who is the spouse or child of foreigner living in Japan. (Except for permanent or long-term resident) For example, there is a husband is working at Japanese company with the “Engineer” visa, dependent visa will be given to subsidiary. Since “Dependent” visa always comes into existence with the other visa, if that husband cannot renew the visa for some reason, “Dependent” visa cannot be renewed either.
The same applies to the spouse of the “Temporary visitor” or “Student” visa holder. Nowadays, there are many foreigners who try to get “Dependent” visa to get married to “Student” visa holder.
In this case, depends on the capability of the “Student” visa holder for supporting his family. Most of the case, they come to see us after their application refused.

Required document
which proves marriage status or filiations
Foreigners registration certificate of guardian (spouse or parents)
which proves occupation and income (Work contract, Certificate or Income & Withholding Tax, Residential Tax Certificate etc)
student registration certificate, copy of your bankbook

Successful Example
Nationality
Sri Lanka
History
Married Sri Lankan husband who has “Student” visa, then applied for “Dependent” visa after dropping out from a vocational school.2 months later it got permitted.

NationalityAustralia
History
While staying in Japan with “designated activities” visa, got married to Chinese University student and applied changing for “dependent” visa. 2 weeks later it got permitted.

Nationality
China
History : applied for visa for the spouse of Chinese Chef who had “ Skilled labor” visa. 1 month later they received “certificate of eligibility”.

6.       Business manager(ex-Investor/Business manager)

This visa is the most difficult one to get among other working visas.
It is commonly thought that people apply for this visa after establishment of the company in Japan considering advance into Japan, also there is another case, as an example, Indian chef who experienced some restaurants asks for “Business manager” visa when he open the restaurant on his own. Since management stability is very important for investigation, you should submit the documents which show business line and future prospects of the company as detailed as possible. Also the contents of document preparation for foreign investment is very different from the one for Start-up business.

Required document
which clearly states the employers type of business.
which explains about regular employees and salaryemployment agreementpayroll book etc
which shows detailed information about the business placethe lease contract for your office etc).
Certificate of Company Registration.
Copy of office rent contract(in case of you will be an owner).
Copy of Articles of incorporation.
Copy of company formation report to the Tax office.

Successful Example
Nationality
UK
Service
office clerk for food trade with Japan
History
set up the limited private company during his employee days, then started his own company and changed visa status from “Specialist in Humanities / International service “ to “Investor / Business manager”

Mori&Niitsu Legal Visa Office

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DOT4F 1-7-20 Hiroo Shibuya-ward Tokyo Japan
150-0012
TEL 03-3443-5112
FAX 03-3443-5119
info@niitsu-law.jp