Published on November 1: Overview of the Latest Guidelines for Changing or Extending Residence Status
Overview of the Guidelines
The Immigration Services Agency has updated its guidelines regarding changes to residence status and extensions of the period of stay, publishing them on its website on November 1.
These guidelines are highly beneficial for understanding the purpose of the system.
The current final revised version is from October 2024.
Fundamental Principle
The change of residency status or renewal of the period of stay is permitted only when the Minister of Justice determines that there are “appropriate reasons” based on the Immigration Control and Refugee Recognition Act.
This decision is left to the discretion of the Minister of Justice and is made by comprehensively considering factors such as the applicant’s planned activities, current residency status, and the necessity of their stay.
The following points are specifically considered as criteria for judgment.
It is important to move away from the perception that changes or renewals are automatically granted.
Instead, applicants are encouraged to understand that a careful and comprehensive review will be conducted under the Immigration Act and to prepare thoroughly for their application, including their daily living practices.
Factors to Consider When Changing or Extending Residence Status in Japan
1. The applicant’s activities correspond to the requirements for the desired residence status
The activities the applicant intends to engage in must align with the requirements specified for each residence status under the Immigration Control and Refugee Recognition Act.
As of November 1, 2024, the Immigration website provides a list of qualifications and the corresponding activities. It is recommended to review this information once again.
For more details, please refer to the link here.
２．The applicant meets the landing permission criteria, etc., prescribed by the Ministry of Justice Ordinance
When foreign nationals enter Japan, they must meet the landing permission criteria established by the Ministry of Justice.
These criteria also apply when changing or renewing certain residence statuses.
Individuals holding residence statuses such as Designated Activities or Long-Term Resident are generally required to continue complying with these criteria.
The landing permission criteria outline five conditions that must be satisfied under the Immigration Control and Refugee Recognition Act.
The Five Conditions of the Landing Permission Criteria
（１）Possession of a valid passport and visa.
（２）The purpose of the application is not fraudulent.
（３）The application corresponds to a residence status stipulated under the Immigration Control Act and complies with the landing permission criteria.
（４）The planned period of stay conforms to the provisions of the enforcement regulations that define the duration of stay.
（５）The applicant does not fall under any grounds for denial of landing.
３．The person has been engaged in activities consistent with his/her current status of residence
It goes without saying that the applicant, a foreign national, must be engaging in activities corresponding to their status of residence.
４．Not having a bad conduct
Regarding conduct, it is assumed to be good in the first place.
This means complying with societal rules and laws.
If the conduct is not good, the application may be denied.
Specifically, if the individual has received a criminal penalty that constitutes grounds for deportation, or has engaged in illegal activities such as facilitating unauthorized employment, their conduct may be considered bad.
5. Having sufficient assets or skills to support oneself independently
The applicant’s living situation should not place a burden on the public in their daily life.
Based on their assets or skills, it should be expected that they can maintain a stable life in the future (the situation of the entire household may be considered).
If the applicant is currently a burden on the public, humanitarian reasons will be carefully considered in the decision-making process.
６．The employment and working conditions are fair and in accordance with labor-related laws and regulations
When working, including part-time jobs, the employment and working conditions must comply with labor-related laws and regulations.
If the employer receives recommendations from government authorities due to violations of labor-related laws and regulations, the foreign applicant is generally not held responsible. Therefore, this aspect will be carefully considered in the decision-making process.
７．Fulfilling tax obligations
Fulfilling tax obligations is considered a basic requirement, and it is essential to ensure there are no unpaid taxes or delays in payment.
Failure to meet tax obligations may become one of the reasons for the application to be denied.
8. Fulfilling the obligations of notifications and other requirements stipulated by the Immigration Control Act
Foreign nationals residing in Japan for a midium to long term are obligated to comply with the notification and procedural requirements stipulated by the Immigration Control Act.
Specifically, the following procedures are required:
・Notification regarding changes to the information on the Residence Card
(e.g., change of address or affiliated organization)
・Renewal procedures for the validity period of the Residence Card
・Application for reissuance of the Residence Card in case of loss or damage
・Return of the Residence Card upon departure from Japan
※ Who are Medium to Long-Term Residents?
Medium to long-term residents are foreign nationals who do not fall under the following categories and are required to fulfill the obligations mentioned above:
- Those granted a period of stay of three months or less
- Those with the status of residence of “Temporary Visitor”
- Those with the status of residence of “Diplomat” or “Official”
- Those defined by Ministry of Justice ordinances as equivalent to the above foreign nationals
- Special Permanent Residents
Regarding the change in the method of presenting the health insurance card
Since April 1, 2010, the presentation of a health insurance card at the counter has been required when submitting the application to promote enrollment in social insurance.
However, as health insurance cards will be discontinued starting December 2, 2024, eligibility verification will require one of the following methods:
- The “Eligibility Information” screen on Mynaportal via a smartphone or other device
- The “Eligibility Information Notice”
- The “Eligibility Certificate”
Immigration has stated on its website that being unable to present a health insurance card or alternative documents will not result in the denial of a change of residence status or renewal of the period of stay.
Feel Free To Contact Us
At Stellar, we provide assistance to clients nationwide in Japan with applications for the extension of the period of stay and the change of residence status.
Please feel free to contact us for support.
Please note
This article is based on information updated on November 1, 2024, on the Immigration Services Agency of Japan’s official website.
Please note that immigration procedures are subject to change.
We recommend checking the latest updates on official sources to ensure accuracy.