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
①which shows your tax payment for 3years
-Certificate of Withholding tax payment, Certificate of Resident tax payment
②which shows your assets
-Residence Condition Report, Bank account balance certificate (can be the one
of your spouse)
③which shows your personal status
-Copy of family register or deleted family register (if you are spouse or child
of Japanese national)
-Birth certificate
④Statement 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.
Nationality：Spain
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.
(3) The person’s 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
(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
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 Legiond’Honneur
○ The person has been given any of the
following awards by Japanese government:
○ 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
Japan’s 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 Japan’s 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:
① The person’s 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.
② Two or more of the person’s papers on the
results of his/her research have been published in scientific journals as a
result of selection through fair judgment.
③ Many of the person’s papers on the results
of his/her research have been published in authoritative scientific journals.
④ 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)
①an official copy of the Japanese spouse's family register.
there is not enough time, “Certificate of Acceptance of Marriage Registration” will
work.
②a 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
①a graduation certificate (diploma) or
graduation letter
②transcript
③job contract document between applicant
and the company
④Corporate Registration Certificate
⑤company's recent Profit & Loss
statement
⑥company 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
Nationality：Taiwan
Academic background：Graduated School of
Law and Politics in Japan
Service：office clerk for
trading company.
Successful Example
Nationality：Australia
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
①certificates of employment which shows work experience
②The list of foreign staff in the company
③job contract document between applicant and the company
④Corporate Registration Certificate
⑤company's recent Profit & Loss statement
⑥company brochure
Successful example
Nationality： Italy
Experience：15 years experiences
Occupation：Italian cook
“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
①which proves marriage status or
filiations
②Foreigners registration certificate of
guardian (spouse or parents)
③which proves occupation and income (Work
contract, Certificate or Income & Withholding Tax, Residential Tax
Certificate etc)
④student 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.
Nationality：Australia
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”.
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
①which clearly states the employers type
of business.
②which explains about regular employees
and salary（employment agreement・payroll book etc）
③which shows detailed information about
the business place（the lease contract
for your office etc).
④Certificate of Company Registration.
⑤Copy of office rent contract(in case of
you will be an owner).
⑥Copy of Articles of incorporation.
⑦Copy 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”
