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How to Obtain a Certificate of Eligibility for Status of Residence
With the exemption of cases where certain conditions are fulfilled, any foreign national seeking to land in Japan shall, as a general rule, obtain a visa. This visa is to be issued by a Japanese embassy or consulate abroad and shall be endorsed in the foreign national’s passport (in form of a seal or stamp). In order to have this visa issued, the foreign national has to visit a Japanese embassy or consulate abroad in person and file an application, but the system for acquisition of a certificate of eligibility for status of residence was established to simplify and speed up the application procedure abroad. The figure below illustrates the visa application procedures for a foreign national obtaining the certificate of eligibility for status of residence prior to entering Japan. To obtain the certificate of eligibility for status of residence, in Japan, a person acting as a proxy for the foreign national seeking to enter the country has to arrange the necessary documents, submit the application and, if needed, respond to inquiries by the Immigration Bureau in lieu of the foreign national.
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Extension of Period of Stay
As mentioned before, once the status of residence is determined the period of stay will be decided, which, depending on the kind of status of residence, will amount to 3 months, 6 months, 1 year, or 3 years. The period of stay permitted is not always in accordance with the period desired by the applicant. Therefore, if you wish to stay beyond the permitted period you have to file for extension of permission of stay before the authorized period expires (this is called application for Extension of Period of Stay). In many cases the permission can be obtained through a relatively simple procedure if the foreign national's conditions of residence are unchanged, which means that the work place and the family situation have not changed since the time of the first application for status of residence or the prior extension.
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Change of Status of Residence
Procedures for a change of status of residence are necessary before a foreign national changes the kind of activity he has engaged in to this point, or if he intends to do something that is not permitted by his present status of residence. The application formalities here are different from those before mentioned in regard to the certificate of eligibility for status of residence in so far as they can be done while you are staying in Japan, but you need to prepare the same documents and certificates as required for the application for status of residence. In other words, the hurdle the foreign national has to overcome here as well is to prove that he/she fulfills the conditions necessary to obtain the status of residence applied for. The procedure herein corresponds to the formalities in regard to eligibility.
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Acquisition of Status of Residence
This procedure becomes necessary when a child is born to a foreign couple. A child born under these circumstances will not automatically receive a Japanese status of residence and his/her stay might therefore become illegal. The Immigration Control Act permits a stay without acquiring a status of residence for a period of 60 days from the day of birth in such cases. However, if the child shall continue to stay beyond that period (in which case the parents naturally have to stay with the child), he/she needs to obtain a status of residence all the same. For this purpose, a parent of the child or a proxy needs to file an application within 30 days from the day of birth.
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Alien Registration
A foreign national residing in Japan is required to go through the procedures of alien registration within a certain amount of time from the day he set up residence in Japan. The application will be processed at the local city, ward, town or village office of the area where the foreign national lives (the formalities differ only little from those required for the citizen registration of Japanese nationals). A plastic card called Certificate of Alien Registration with his/her photograph will be issued to the foreign national (diplomats and children under the age of 16 will be issued a folded paper form). Foreign nationals who intend to leave the country within 90 days from the day of entering the country are not required to register. In other words, foreign nationals who hold a temporary visitor status of residence do not need to register.
The Certified Immigration Lawyer
As a general rule, the foreign national is required to appear in person at the Regional Immigration Bureau in their respective area and submit the application documents necessary regarding visa procedures. Only persons who fulfill certain requirements can act as a proxy. An immigration lawyer certified by the Regional Immigration Bureau can prepare the application documents and submit them and so spare the applicant the visit to the Immigration Bureau.
Useful sites concerning advice for foreign nationals
Immigration Bureau
http://www.moj.go.jp/NYUKAN/nyukan04.html
Ministry of Foreign Affairs
http://www.mofa.go.jp/mofaj/toko/visa/annai/visa_4.html
Ministry of Justice
http://www.moj.go.jp/ONLINE/page.html
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Naturalization
A foreign national who has been residing in Japan continuously can acquire Japanese nationality if he/she fulfills certain conditions. This is called naturalization and the conditions to apply for naturalization are as follows:
1. Residence: That the person resided in Japan consecutively for more than 5 years.
2. Capacity: That the person is twenty years of age or more and of full capacity according to the law of one ﾕs home country.
3. Conduct: That the person is of good conduct.
4. Livelihood: That the person is able to secure a livelihood by one's own property or ability, or those of one's spouse or other relatives with whom one shares a household.
5. Loss of Nationality: That the person has no nationality or that the acquisition of Japanese nationality will result in the loss of foreign nationality.
6. Ideology: That the person has never plotted or advocated, or formed or belonged to a political party or other organization which has plotted or advocated the overthrow of the Constitution of Japan or the Government existing hereunder, since the enforcement of the Constitution of Japan.
These conditions are only the very basic rules and cases may vary depending on the situation of the applicant. Furthermore, besides the conditions listed here, the ability to read and write the Japanese language is expected.
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