Specific Examples of Non-Approval Cases Related to Visa Change or Extension Applications

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Specific Examples
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Case 9:
Our office makes them one by one according to each situation.

Specific Examples

The Immigration Services Agency of Japan has published specific examples of cases of non-approval pertaining to applications for permission for extension of period of stay and permission for change of status of residence.

When a foreigner residing in Japan intends to engage in activities that fall under a status of residence different from the status of residence he/she currently holds, or to continue to reside in Japan beyond the permitted period of stay, he/she should apply to the Minister of Justice for permission to change his/her status of residence or permission to extend the period of stay based on the ‘Immigration Control Act’, and the Minister of Justice shall grant the change or extension of status of residence. The Minister of Justice can only grant permission if there are reasonable grounds to believe that the change or renewal is appropriate. The Immigration Bureau determines whether or not there are ‘reasonable grounds’ by comprehensively taking into account the status of the foreigner, the necessity of the stay, reasonableness of the stay and other factors. Let’s look at some specific examples of thsese cases.

Case 1:

An individual, after being granted the “Business Manager” residency status and having it renewed four times, was fined 300,000 yen for promoting illegal employment. Though they intended to keep managing a restaurant, their residency renewal was denied due to residency status concerns.

Case 2:

An individual, initially granted “Student (1 year 3 months)” residency status, later switched to “Engineering, Humanities, International Business” and had it renewed thrice. They were fined 500,000 yen for child exploitation and pornography violations. Despite intending to continue in software development, their residency renewal was denied due to status concerns.

Case 3:

An individual, with “Student (1 year 3 months)” status for a Japanese teaching institution, later extended their stay for a vocational school. Post-graduation, they wanted to retake the same course. Though their academic and residency status had no issues, renewal was denied due to the lack of a rational reason for retaking the course.

Case 4:

A third-generation Japanese, with “Long Term Resident (3 years)” status and one renewal, was sentenced to 2 years imprisonment (suspended for 4 years) for fraud and theft. While they wished to continue their stay as a third-generation Japanese during the suspension, their residency renewal was denied due to status concerns.

Case 5:

A spouse of a third-generation Japanese, with “Long Term Resident (1 year)” status and two renewals, applied for another renewal to continue as the spouse of a third-generation Japanese. Investigations revealed false address reporting: the individual had always lived at the address on their tax slip, not the reported address of their Japanese husband. Thus, residency renewal was denied.

Case 6:

An individual with “Spouse of a Japanese National (1 year)” status and two renewals was sentenced to 10 months imprisonment (suspended for 3 years) for cannabis and customs violations. After divorcing their Japanese spouse and aiming to work in interpretation and translation, their application to switch to “Engineer/Specialist in Humanities/International Services” status was denied due to residency concerns.

Case 7:

An individual with “Student (1 year)” status switched to “Dependent (2 years)” and worked long-term in entertainment without the proper permissions. Later, they applied to change their status to “Student” for attending a different university but were denied due to residency concerns.

Case 8:

An individual with “Temporary Visitor (90 days)” status switched to “Spouse of a Japanese National (1 year)” after marriage but later divorced. They applied for “Long Term Resident” status, intending to stay in Japan. However, with only about 1 year and 3 months of stay and due to the divorce’s circumstances and lack of integration, their application was denied.

Case 9:

An individual, after overstaying their allowed period, was granted “Student” status through special permission. They later switched to “Engineer/Specialist in Humanities/International Services” but eventually resigned from their job. They applied for “Settler” status to engage in broader activities, but their application was denied due to a lack of compelling reasons for the change.

Our office makes them one by one according to each situation.

While it is certainly possible for foreigners to change to a different visa, care must be taken to ensure success. For example, you will need to prepare documents and provide justification.

Our office has a lot of practical experience with changes to different visas. Our Gyoseishoshi Lawyer will discuss your situation with you and advise you on the best way forward, as well as preparing the individual application documents and justification. None of the documents are the same.