Regulation for Enforcement of the Immigration Control and Refugee Recognition Act

The application set forth in Article 19-24, paragraph (1) of the Act must be made by submitting the written application pursuant to the Appended Form No. 29-15 to the regional immigration services bureau.

The particulars specified by Ministry of Justice Order set forth in Article 19-24, paragraph (1), item (iii) of the Act are as follows:

scheduled date for commencing support operations; and

overview of the system for responding to consultations from specified skilled workers.

The documents specified by Ministry of Justice Order under Article 19-24, paragraph (2) of the Act (including as applied mutatis mutandis pursuant to the provisions of Article 19-27, paragraph (3) of the Act) are to be the following documents; provided, however, that this does not apply if the Commissioner of the Immigration Services Agency finds that there is no inconvenience if attachment of some or all of these documents are omitted.

in the case where the applicant is a corporation, the applicant's certificate of registered matters and the articles of incorporation or document on the act of donation and a duplicate of the officer's certificate of residence (a duplicate of the certificate of residence of the officer and their legal representative (if the legal representative is a corporation, a certificate of registered matters of the corporation, and the articles of incorporation or document on the act of donation, and a duplicate of the residence certificate of the officer) for an officer who is a minor who does not have the same capacity to act as an adult in relation to business), and in the case where the applicant is not a corporation, a duplicate of the applicant's certificate of residence;

written summary of the applicant;

document pledging that the applicant does not fall under any of the items of Article 19-26, paragraph (1) of the Act;

resume, duplicates of the letter of appointment acceptance and the written oath pertaining to the support operations of the manager in charge of implementing the support plan for specified skilled workers (i) (hereinafter referred to as "support manager");

resume, duplicates of the letter of appointment acceptance and the written oath pertaining to support operations of the person in charge of the support based on the support plan for specified skilled workers (i) (hereinafter referred to as "person in charge of support"); and

other necessary documents.

The person provided for by Ministry of Justice Order under Article 19-26, paragraph (1), item (v) of the Act is to be a person who is unable to adequately carry out the reasoning, decision making, and communication necessary to properly implement the support operations due to mental impairment.

The person provided for by Ministry of Justice Order under Article 19-26, paragraph (1), item (xiv) of the Act is to be a person that falls under any of the following items:

a person seeking to become a registered support organization that has caused a foreign national to go missing through a ground attributable to that person in the past year;

a person seeking to become a registered support organization for which a support manager and one or more persons in charge of support (who may also act as support manager) have not been appointed for each office that carries out support operations from among its officers or employees;

a person that does not correspond to any of the following sub-items:

if the person that seeks to become a registered support organization is a person who has a track record of properly accepting or managing mid- to long-term residents with a status of residence in the left-hand column of the Appended Table I (1), (2), (5) of the Act in the past two years (limited to the status of residence that is possible to conduct activities of operating a business involving income or activities that receive remuneration; the same applies in (c));

if the person that seeks to become a registered support organization is a person that has experience of engaging in various consultation services for foreign nationals residing in Japan with the purpose of receiving remuneration on a regular basis in the past two years;

if the support manager and the person in charge of the support appointed by the person that seeks to become a registered support organization is a person with a certain level of experience in engaging in services of providing advice on daily life to mid- to long-term residents who have a status of residence in the left-hand column of the Appended Table I (1), (2), (5) of the Act for at least two years in the past five years;

beyond what is provided for in sub-items (a) to (c), if the person that seeks to become a registered support organization has been recognized by the Commissioner of the Immigration Services Agency as a person that is able to properly carry out support operations to the same extent as those persons .

a person that falls under any of the following sub-items regarding provision of information and consultations:

a person that does not have a system to appropriately provide information in a language that the specified skilled workers are able to fully understand with regard to the particulars whose information should be provided based on the support plan for specified skilled workers (i);

a person who does not have a system to secure staff members in charge of dealing with consultations from specified skilled workers and to appropriately address in a language that the specified skilled workers are able to fully understand;

a person who does not have a system in which the support manager or the person in charge of support is able to hold regular interviews with specified skilled workers and persons in a position to supervise them;

a person who has not prepared a document on the implementation status of support operations and preserved the document at the office where the support operations are conducted for one year or more from the date of the termination of the employment contract for a specified skilled worker entered into by the specified skilled worker who is the subject of support related to the support operations;

the support manager or the person in charge of the support falls under any of the following sub-items (limited to (a) for the person in charge of support):

a person who falls under any of Article 19-26, paragraph (1), item (i) through to item (xi) of the Act;

although a person is the spouse or a relative in the second degree of kinship of an officer of an organization of affiliation of the specified skilled worker, or a person with a close relationship in terms of social life with an officer of an organization of affiliation of the specified skilled worker, the person seeks to become a support manager for support work commissioned by the organization of affiliation of the specified skilled worker;

a person who despite having been an officer or a staff member of an organization of affiliation of the specified skilled worker in the past five years, seeks to become a support manager for support operations commissioned by the organization of affiliation of the specified skilled worker.

a person who intends to have the foreign national directly or indirectly pay for the costs required for supporting specified skilled workers (i); and

a person who in concluding the contract set forth in Article 2-5, paragraph (5) of the Act, does not indicate to the organization of affiliation of the specified skilled worker the amount of expenses required for support operations and its breakdown.

The notification set forth in Article 19-27, paragraph (1) of the Act is to be filed by submitting the written notification pursuant to the Appended Form No. 29-16 within 14 days from the date the change was made to the regional immigration services bureau.

The notification set forth in Article 19-29, paragraph (1) of the Act is to be made by submitting a document stating the fact to the regional immigration services bureau within 14 days from the date the operations were suspended or abolished.

A person who has suspended the support operations after submitting the notification set forth in the preceding paragraph must notify the regional immigration services bureau in advance with a document describing to that effect when resuming the suspended support operations.

The notification pursuant to the provisions of Article 19-30, paragraph (2) of the Act is to be made by the registered support organization that seeks to make the notification (limited to one that has been entrusted by an organization of affiliation of the specified skilled worker, by contract, with the implementation of the entire support plan for specified skilled workers (i); the same applies hereinafter in this paragraph and in the following Article) submitting to the regional immigration services bureau, by May 31 of each year, a document stating the particulars prescribed in that paragraph for the period from April 1 of the previous year to March 31 of that year, via the organization of affiliation of the specified skilled worker that has entrusted the registered support organization with the implementation of the entire support plan for specified skilled workers (i) pertaining to the notification.

The particulars specified by Ministry of Justice Order under Article 19-30, paragraph (2) of the Act are as follows:

the name, date of birth, sex, nationality or region, and residence card number of the specified skilled worker;

the name and address of the organization of affiliation of the specified skilled worker;

The provisions of Article 19-15, paragraph (3) apply mutatis mutandis to cases of submitting the documents prescribed in paragraph (1).

A registered support organization is to report to the Commissioner of the Immigration Services Agency the particulars listed in the right-hand column of the Appended Table III (6), in accordance with the categories of cases listed in the left-hand column of that Table, within 14 days from the date on which it came to fall under a case listed in the left-hand column of that Table.

The report pursuant to the provisions of the preceding paragraph is to be made by the registered support organization that seeks to make the report submitting to the regional immigration services bureau a document stating the name, date of birth, sex, nationality or region, and residence card number of the specified skilled worker pertaining to the report, and the particulars prescribed in that paragraph.

The provisions of Article 19-15, paragraph (3) apply mutatis mutandis to cases of submitting the documents prescribed in the preceding paragraph.

If an immigration inspector or immigration control officer has required persons concerned to appear and answer questions pursuant to the provisions of Article 19-37, paragraph (2) of the Act, they may prepare a written evidence that recorded the statement of the person concerned.

If an immigration inspector or immigration control officer has prepared the written evidence set forth in the preceding paragraph, they must have the person concerned inspect the written evidence or reading it aloud to the person to have the person confirm that the recorded content is correct and have the person sign it, and affix their own signature thereto. In this case, if the person concerned is unable to sign or has refused to sign the written evidence, the immigration inspector or immigration control officer must make an additional entry to that effect in the written evidence.