Overview of change of status from [Temporary Visitor] (short stay) visa to Residence visa.

A [Temporary Visitor] visa (including visa waiver system foreigner) under the Japanese immigration system is normally issued to foreigners who come to Japan for tourism, business or to visit relatives, friends and acquaintances. There are certain restrictions and conditions that must be met if the holder of this temporary visitor visa wishes to change to a different visa (status of residence) for a longer period of time in Japan.

Fundamental principles

As a rule, a person residing in Japan on a [Temporary Visitor] visa is NOT permitted to subsequently change his or her status of residence. Under the Japanese Immigration Act, a change of status of residence from [Temporary Visitor] must be based on “special unavoidable circumstances” as well as the usual examination criteria. The change of status of residence from temporary visitor is not permitted in principle. This is because the status of residence for a temporary visitor is based on the assumption that the foreigner will leave Japan within the period of the temporary visitor visa. The reasons are explained in more detail and specifically. A temporary visitor visa is granted on the promise that you will return to your home country after completing a simple errand (sightseeing, recreation, visiting relatives, participating a business meeting etc.), so the reason for this is that you are supposed to “return home immediately”, but the purpose of “living in Japan” is completely different and the Immigration Bureau thinks, “That’s not what you’re talking about.” The Immigration Bureau’s argument is that if you intend to live in Japan, you should apply for a visa to live in Japan from the beginning. If visa changes are allowed too easily, the very foundations of Japan’s immigration system could be shaken.

Immigration Control and Refugee Recognition Act

(Change of Status of Residence) Article 20 (partially omitted)

(2) A foreign national who seeks to have their status of residence changed pursuant to the provisions of the preceding paragraph must apply to the Minister of Justice for the change of the status of residence in accordance with the procedures provided for by Ministry of Justice Order; provided, however, that if the foreign national wishes to have their status of residence changed to that of “Permanent Resident,” they must comply with the procedures pursuant to the provisions of Article 22, paragraph (1).

(3) If an application for a change of status of residence has been filed as set forth in the preceding paragraph, the Minister of Justice may grant permission only if the Minister finds that there are reasonable grounds to grant the change of the status of residence based on the documents submitted by the foreign national; provided, however, that in the case of an application submitted by a person whose status of residence is “Temporary Visitor,” permission is not to be granted unless the application is made based on special unavoidable circumstances. 

However, in exceptional cases, it is permissible if it is based on “special unavoidable circumstances”. For example, if a child is born or you become ill. In practice, it is also possible to change the status of residence if certain conditions are met. Specifically, if an application for a Certificate of Eligibility (COE) is filed and the COE is issued during the applicant’s stay in Japan, the applicant can apply for permission to change status of residence with this Certificate (COE).

Specific examples

1. Change of status to work status

Change of status to work status: As a rule, a change of status from [Temporary Visitor] to [Engineer/Specialist in Humanities/International Services] or [Skilled Labor] is NOT permitted. For example, if an applicant receives an offer of employment while in Japan on a temporary visitor visa for the purpose of visiting her relatives living in Japan, the application for change of status to [Engineer/Specialist in Humanities/International Services] will not be accepted. However, if the foreigner wishes to work in Japan and a concrete employment decision is made during his/her stay in Japan and a Certificate of Eligibility (COE) is issued, it is possible to change the status.

However, if the Certificate of Eligibility (COE) was issued while the applicant was in Japan and the COE is dated before the applicant’s entry into Japan, the applicant may not apply for a change of status from a COE dated before the applicant’s entry into Japan. If a COE is issued while the applicant is outside Japan, the applicant must obtain a visa based on the COE to enter Japan. If the applicant enters Japan on a temporary visitor visa or visa waiver, the visa cannot be changed in Japan and the visa must be re-issued once the applicant has returned to his/her country of origin.

2. Change of status to [Spouse or Child of Japanese National] or [Spouse or Child of Permanent Resident]

Change of status to [Spouse or Child of Japanese National] or [Spouse or Child of Permanent Resident]: If a person with a history of previous residence in Japan or marital status with a Japanese national or permanent resident enters Japan for a short stay and subsequently wishes to change status to spouse, the change may be granted under certain conditions.

The change of status from temporary visitor to ‘spouse or child of a Japanese national’ or ‘spouse or child of a permanent resident’ is taken into account on the basis of the following conditions and background;

Past residence history:

Past residence history: if a foreigner has a past residence history in Japan, this may work to his/her advantage in applying for a change. Credibility is enhanced if the past residence history is regular and free of violations.

Marital status with a Japanese national or permanent resident:

Marital status with a Japanese national or permanent resident: If a foreigner is married to a Japanese national or permanent resident, it is important that the relationship is true. If the foreigner enters Japan for a short stay for the purpose of marriage and later wishes to change his/her status of residence, the truthfulness of the marriage must be confirmed. It is easy to be regarded as having “special unavoidable circumstances” if you entered Japan for a short stay as a fiancée and the marriage was consummated during your stay.

It is also easy to be granted permission to change the status of the couple from temporary visitor to that of Japanese spouse, etc. after they have already been married and lived abroad for a considerable period of time and entered Japan. However, even if the couple has already been married and lived abroad for a considerable period of time, there must be “special unavoidable circumstances”.

Again, in principle, a change of status of residence from a temporary visitor visa is not permitted. Therefore, the application itself is not possible. If you go to an immigration bureau (especially the nearest branch office) and say, “I would like to apply for a change of status from a temporary visitor visa to a spouse visa”, you will probably be told that it is not possible, and your application will be unreceived.

What is special unavoidable circumstances?

For ‘special unavoidable circumstances’ to be recognised, the following two conditions must be met.

  1. there are reasonable grounds for the original purpose of residence to have changed due to a change in circumstances after entry.
  2. that it is unreasonable to require the applicant to leave Japan and undergo new entry procedures.

Certificate of Eligibility (COE):

Certificate of Eligibility (COE): this change of status can be accepted without a Certificate of Eligibility. This is because the confirmation of marital status with a Japanese national or permanent resident simplifies other procedures.

No fraud:

No fraud: it must be established that the applicant has not committed any fraudulent acts. For example, a sham marriage or past offences will not be permitted for a change of status.

The immigration authorities examine each case in detail, taking into account these conditions and background. The applicant’s own truthful information and following the appropriate procedures will lead to a successful change of status.

On the other hand, the [Dependent] visa status has weaker ties to Japan than [Spouse or Child of a Japanese National], [Spouse or Child of a Permanent Resident] or [Long Term Resident] status, so changes from a temporary visitor visa are not permitted.

3. Change of status to [Designated Activities]

Change of status to [Designated Activities]: a change of status from temporary visitor to [Designated Activities] may be permitted under certain conditions, e.g. for the purpose of bringing elderly parents, for medical stays, or when a ‘Highly Skilled Professional’ status holder brings his/her parents over.

4. Change of status to [Long Term Resident]:

Change of status to [Long Term Resident]: The status of residence for a foreign father or mother to stay in Japan for the purpose of supporting a Japanese biological child is long term resident, but it is not notified under the Immigration Control Act and the application for a Certificate of Eligibility (COE) is not accepted under the legal procedure. In this case, the applicant must first enter Japan on a temporary visitor visa and then apply for a change of status. This type of visa is very difficult to obtain. It is necessary to prepare and collect objective data for living in Japan after entering the country.

Important point

If, at the time of entry on a temporary visitor visa or when applying for a visa, there is an unauthorised purpose of stay, the change of status will not be granted.

If the result of the Certificate of Eligibility (COE) is not issued during the [Temporary Visitor] period of stay, you must leave Japan and re-enter after the result is issued.

Changing status of residence in Japan is an important means for foreigners with diverse circumstances and backgrounds to facilitate their life and activities in Japan. However, it requires certain conditions and procedures, which require proper knowledge and understanding. Applicants are advised to check detailed information and procedures and to seek professional advice where necessary.

Reference Page

What is our service ?

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

  • services available in English or Chinese,
  • provides professional assessment and consultation services according to your personal situation,
  • review and organize your documents according to the laws and policies of the immigration of Japan,
  • prepare all necessary application documents, attachments and filing lists for you,
  • submitting your application to immigration offices throughout Japan (you do not need to be present),
  • respond to all inquiries and reports from the Immigration Bureau in the name of the immigration lawyer,
  • keep you updated on the progress of your application,
  • pick up your Residence Card or COE (Certificate of Eligibility) and return it to you,
  • assist you in applying for permanent residence in Japan (green card), if you have lived in Japan continuously for a certain number of years.

letter

Our office has a lot of practical experience. Our Gyoseishoshi lawyer will listen to your situation and advise you on the best way to proceed, as well as creating individualised application forms and justifications. None of the documents are the same.

Other Question?

Please feel free to contact us for advice!

First, please call +81-3-6264-9388 or leave a message on our website with your inquiry. (Please contact us by phone or consultation page.)

TEL: +81-3-6264-9388

WeChat: visa_hengshan

Line ID: visa_yokoyama

Email: info@lawoffice-yokoyama.com

邮件咨询请点击