Regulation for Enforcement of the Immigration Control and Refugee Recognition Act

A foreign national who seeks to apply for permission for permanent residence pursuant to the provisions of Article 22, paragraph (1) of the Act must submit a copy of the written application pursuant to the Appended Form No. 34, a photograph and a copy of each of the documents listed in the following items (excluding the documents listed in items (i) and (ii) for the spouse or child of a Japanese national, of a person who has received permission for permanent residence or of a special permanent resident, and excluding the document listed in item (ii) for a person whose need for protection has been recognized by the Office of the United Nations High Commissioner for Refugees or any other international organization and who meets the requirements of paragraph (4), or for a person who has received recognition of refugee status pursuant to the provisions of Article 61-2, paragraph (1) of the Act or recognition as a person eligible for complementary protection pursuant to the provisions of paragraph (2) or (3) of the same Article), and a copy of each of any other materials to be used as reference; provided, however, that this does not apply if the director of the regional immigration services bureau finds that there is no risk of causing hindrance if submission of all or some of the materials is omitted.

document proving that the foreign national's behavior and conduct are good;

document proving that the foreign national has sufficient assets or skills to earn an independent living; and

letter of guarantee by the foreign national's personal guarantor residing in Japan.

document concerning annual income; and

documents concerning taxation and tax payment, and documents concerning the status of enrollment in social insurance and the status of payment of social insurance premiums.

In the case referred to in the preceding paragraph, if the application set forth in the preceding paragraph is an application for a person under one year of age, the submission of a photograph is not required; provided however, that this does not apply to cases in which the director of a regional immigration services bureau requires its submission.

The provisions of Article 20, paragraph (4) apply mutatis mutandis to the application set forth in paragraph (1).

The requirements prescribed by Ministry of Justice Order as provided for in the proviso to Article 22, paragraph (2) of the Act are that the person falls under any of the following items:

the person has received permission for landing as a person who falls under both of the following sub-items (a) and (b), and has continued to reside in Japan thereafter; or

a person who is temporarily staying in India, Indonesia, Cambodia, Singapore, Sri Lanka, Thailand, the Republic of Korea, the People's Republic of China, Nepal, Pakistan, Bangladesh, Timor-Leste, the Philippines, Bhutan, Brunei, Viet Nam, Malaysia, Myanmar, Maldives, Mongolia or Laos, and whose protection has been recommended to Japan by the Office of the United Nations High Commissioner for Refugees; and

a person who falls under any of the following:

a person who has the ability to adapt to Japanese society and is expected to obtain employment sufficient to make a living;

the spouse of a person who falls under (1); or

a child, father or mother, or unmarried sibling of a person who falls under (1) or (2).

the person has received permission for landing as a person who falls under all of the following sub-items (a) through (c), and has continued to reside in Japan thereafter.

a relative of a person who falls under the preceding item;

a person who falls under sub-item (a) of the preceding item; and

a person who is capable of mutual support among relatives.

Deleted

A foreign national who seeks to apply for the acquisition of status of residence pursuant to the provisions of Article 22-2, paragraph (2) of the Act (including as applied mutatis mutandis pursuant to Article 22-3 of the Act) must submit a copy of the written application pursuant to the Appended Form No. 36.

When filing the application set forth in the preceding paragraph, the foreign national must submit a photograph and a copy of the document provided for in the following items in accordance with the category of the persons corresponding to each item:

a person who has renounced Japanese nationality:a document certifying their nationality;

a person who was recently born:a document certifying their birth; and

a person other than those listed in the two preceding items who needs to acquire a status of residence:a document certifying the grounds therefor.

In the case referred to in the preceding paragraph, the submission of a photograph is not required if the application set forth in paragraph (1) is an application pertaining to the following persons; provided, however, that this does not apply to cases where the director of a regional immigration services bureau requires its submission:

a person who is under one year of age;

a person who wishes to be subject to a decision for a period of stay of three months or less;

a person who wishes to acquire the status of residence of "Temporary Visitor";

a person who wishes to acquire the status of residence of "Diplomat" or "Official"; or

a person who wishes to acquire the status of residence for "Designated Activities" and wishes to be designated any of the following activities as activities designated by the Minister of Justice for individual foreign nationals in particular:

activities as a staff member of the Japanese office of the Taiwan-Japan Relations Association or as a family member thereof who belongs to the same household; or

activities as a staff member of the Permanent General Mission of Palestine in Japan or as a family member thereof who belongs to the same household.

activities, based on an employment contract with a corporation established in accordance with the laws and regulations of a foreign country or any other foreign organization, of engaging in Japan in work at a business office of the organization located in a foreign country by using information and communications technology, or activities of providing services for a fee or selling, etc. goods, etc. to a person located in a foreign country by using information and communications technology (excluding those that cannot be provided or sold, etc. without entering Japan); or

daily activities as a spouse or child supported by a person residing with the activities listed in sub-item (c) designated.

When filing the application set forth in paragraph (1), the foreign national must present their passport. In this case, a foreign national who is unable to present their passport must submit a copy of the document stating the reason therefor.

The provisions of Article 20, paragraphs (2) and (7) apply mutatis mutandis to the application set forth in paragraph (1). In this case, the terms "change of the status of residence" and "change to the status of residence" in Article 20, paragraph (7) are deemed to be replaced with "acquisition of a status of residence."

The entry of a new status of residence and period of stay in the passport or the certificate of status of residence as prescribed in Article 20, paragraph (4), items (ii) and (iii) of the Act, which is applied mutatis mutandis pursuant to Article 22-2, paragraph (3) of the Act (including as applied mutatis mutandis pursuant to Article 22-3 of the Act), is to be made by affixing the seal of verification pursuant to the Appended Form No. 37 or No. 37-2.

Among foreign nationals who seek to apply for the acquisition of status of residence pursuant to the provisions of Article 22-2, paragraph (2) of the Act (including as applied mutatis mutandis pursuant to Article 22-3 of the Act), a foreign national who seeks to apply for acquisition of the status of residence of "Permanent Resident" as prescribed in Article 22-2, paragraph (4) of the Act must submit a copy of the written application pursuant to the Appended Form No. 34, a photograph, the documents listed in Article 22, paragraph (1) and paragraph (2) of the preceding Article, and a copy of each of any other materials to be used as reference. In this case, the provisions of the proviso to Article 22, paragraph (1) are applied mutatis mutandis.

In the case referred to in the preceding paragraph, if the application set forth in the preceding paragraph is an application for a person under one year of age, the submission of a photograph is not required; provided, however, that this does not apply to cases in which the director of the regional immigration services bureau requires its submission.

The provisions of paragraph (4) of the preceding Article apply mutatis mutandis to the application set forth in paragraph (1).

The Minister of Justice (including the Commissioner of the Immigration Services Agency delegated the authority relating to revocation of status of residence prescribed in Article 22-4 of the Act pursuant to Article 69-2, paragraph (1) of the Act and the director of the regional immigration services bureau delegated the authority delegated to the Commissioner of the Immigration Services Agency pursuant to the provisions of Article 69-2, paragraph (2) of the Act; hereinafter the same applies to this Article through Article 25-14) designates an immigration inspector to hear opinions pursuant to the provisions of Article 22-4, paragraph (2) of the Act (hereinafter referred to as "immigration inspector in charge of hearing of opinions") from among the immigration inspectors whom the Minister finds to have knowledge and experience necessary for hearing opinions.

The format of the written notice of hearing of opinions provided for in Article 22-4, paragraph (3) of the Act is to follow the format of the Appended Form No. 37-3.

If the Minister of Justice is to serve a written notice of hearing of opinions or give its notice pursuant to the provisions of Article 22-4, paragraph (3) of the Act, the Minister is to set a reasonable period of time before the date of the hearing of opinions; provided, however, that this does not apply if, after the foreign national has received a seal of verification for landing or permission (limited to those entailing a decision on the status of residence; hereinafter the same applies in this paragraph), it turns out that there was a specific fact sufficient to suspect that the foreign national falls under Article 22-4, paragraph (1), item (i) of the Act during the time that the foreign national stays at the place of inspection (limited to inspections that continues to be conducted after the person received the seal of verification for landing or permission) regarding the importation of freight prescribed in Article 67 of the Customs Act (Act No. 61 of 1954) and when the notice is served or notice is given on the spot.

If a foreign national who has been served with a written notice of hearing of opinions or received its notice pursuant to the provisions of Article 22-4, paragraph (3) of the Act (hereinafter referred to as "party to the hearing") seeks to have their representative appear at the hearing, the foreign national must submit to the regional immigration services bureau a certificate of qualification of the representative pursuant to the Appended Form No. 37-4 .

If a representative loses their qualification, the party to the hearing who has appointed the representative must promptly submit to the regional immigration services bureau a written notice of loss of qualification of the representative pursuant to the Appended Form No. 37-5.

If an immigration inspector in charge of hearing of opinions finds it necessary, the inspector may request or permit a person other than the party to the hearing who is considered to have an interest in the disposition of the revocation of the status of residence (hereinafter referred to as "stakeholder" in this Article) to participate in the procedures relating to the hearing.

The proposal for permission pursuant to the provisions of the preceding paragraph is to be made by the stakeholder or their representative by submitting to the regional immigration services bureau a copy of the written request pursuant to the Appended Form No. 37-6.

When permitting the participation of a stakeholder pursuant to the provisions of paragraph (1), the immigration inspector in charge of hearing of opinions must notify the person who made the proposal by a written notice of permission for participation of a stakeholder pursuant to the Appended Form No. 37-7.

The provisions of the preceding Article apply mutatis mutandis to the stakeholder permitted to participate pursuant to the provisions of paragraph (1) (hereinafter referred to as "intervener"). In this case, the terms "a foreign national who has been served with a written notice of hearing of opinions or received its notice pursuant to the provisions of Article 22-4, paragraph (3) of the Act (hereinafter referred to as "party to the hearing")" in paragraph (1) of the same Article and "the party to the hearing" in paragraph (2) of the same Article are deemed to be replaced with "the intervener," respectively.