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Certificate of Eligibility for Status of Residence

For applicants newly entering Japan

Application for issuance of a Certificate of Eligibility

This is a document issued when a foreign national is to enter Japan with a resident status other than “temporary visitor,” as proof that the Minister of Justice has inspected conformance of the applicant with the entry conditions related to the visa status being applied for. After entering Japan, the resident status will be issued by the Ministry of Foreign Affairs based on the details of the Certificate of Eligibility.

Important Points of Note:

The most significant aspect of acquiring this certificate is that the examination for residential status is done before the foreign national enters Japan. Conversely speaking, the applicant can feel secure entering Japan, knowing that they are guaranteed to receive a status of residence.

For applicants already residing in Japan

(1) Application for change of resident status

A procedure to change the applicant’s current Status of Residence to a one with a different purpose of activity.
This procedure cannot be used to change from a different resident status to Permanent Resident status. In that case the applicant must apply separately for Permanent Residency.

Important Points of Note:

In a case the application for change of status of residence is rejected, the former status of residence will also be deemed invalid, the applicant will not be granted with a new visa, and thus can no longer stay in Japan and must leave.

(2) Application for Extension of Period of Stay

A procedure wherein a foreign national can stay in Japan even after the expiration of the period of stay.
In case the applicant’s period of stay is 6 months or more, the application can be submitted up to 3 months prior to the expiration date. During the examination period, the applicant can stay for up to 2 months even after the current period of stay has expired.

Important Points of Note:

There will be a 30-day preparation period for departure after the date of permission was denied. The individual shall leave Japan within that period. There are cases in which resolving the reason for denial and compiling the necessary documents to re-apply for change of residential status and/or apply for Special Permission of Residence within that period, the applicant may be allowed to stay in Japan.

(3) Application for Provisional Release Permit

Application for Provisional Release Permit is a temporary release system for foreign nationals who are detained by the Immigration Bureau due overstay, illegal stay, or illegal entry to be temporarily released. In addition to application for Special Permission of Residence, Application for Provisional Release Permit can be made for the exposed and detained foreign national to request the temporary release from imprisonment and freedom of the applicant.

The result of Application for Provisional Release will be based on humanitarian considerations and judgment is made by the supervising immigration inspector. In a case where the application has been approved, a deposit of up to JPY 3 million (normally ranges from JPY 100,000 to JPY 500,000) shall be provided at the time of approval.

Important Points of Note:

Application for Provisional Release can be made by the detained individual or by a proxy, conservator, spouse, close relative or sibling of the detained.
However, this application cannot be submitted by a fiance or common-law spouse.

(4) Application for Special Permission of Residence

Special Permission of Residence refers to the acquisition of regular visa due to exceptional permission granted by the Minister of Justice to an individual who has remained in Japan in violation of the Immigration Control and Refugee Recognition Act, such as by entering illegally or overstaying.
This procedure is widely known by the many as “Application for Special Permission of Residence,” although it does not officially exist. The reason for that is because, as a general rule, the applicant is expected to be deported to their passport country. In the end, this application is one of the last resorts to avoid deportation.

Important Points of Note:

There is a high possibility of obtaining Special Permission of Residence in cases written below:
a. Applicant is married to a Japanese spouse (or planning to be married)
b. Applicant supports a child with Japanese citizenship
c. Applicant is married to a person with Permanent Residency or Long-term Residency (or planning to be married)

For more information

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