Regulation for Enforcement of the Immigration Control and Refugee Recognition Act

A foreign national (except for the foreign nationals prescribed in the following paragraph) who seeks to apply for landing pursuant to the provisions of Article 6, paragraph (2) of the Act must submit to an immigration inspector a document pursuant to Appended Form No. 6 (Appended Form No. 6-2 in the case of a person who has received re-entry permission pursuant to the provisions of Article 26, paragraph (1) of the Act (including persons who are deemed to have received re-entry permission pursuant to the provisions of Article 26-2, paragraph (1) or Article 26-3, paragraph (1) of the Act; the same applies hereinafter in this paragraph and in Article 7, paragraph (1)) or a person possessing a refugee travel document pursuant to the provisions of Article 61-2-15, paragraph (1) of the Act); provided, however, that this does not apply if the foreign national (except for a person who has received re-entry permission pursuant to the provisions of Article 26, paragraph (1) of the Act and a person possessing a refugee travel document pursuant to the provisions of Article 61-2-15, paragraph (1) of the Act) has provided information pertaining to the following particulars through the means of receipt by an electronic device designated by the immigration inspector:

their name;

their date of birth;

the location of their residence;

their purpose of landing;

the name of the vessel that they have boarded or the registration code or flight number of the aircraft that they have boarded;

the length of their stay in Japan;

their contact details in Japan; and

the particulars concerning the conditions for landing as set forth in Article 7, paragraph (1), item (iv) of the Act which the immigration inspector requests them to report.

A foreign national who seeks to apply for landing pursuant to the provisions of Article 6, paragraph (2) of the Act (limited to those who seek to be recorded as a person possessing a registered user card pursuant to the provisions of Article 9, paragraph (4) of the Act) must provide information pertaining to the particulars set forth in items (i) through (viii) of the preceding paragraph by the method of causing it to be received by a computer prescribed in Article 7, paragraph (4).

When filing the application for landing pursuant to the provisions of Article 6, paragraph (2) of the Act, the foreign national must present their passport (the passport or registered user card for persons prescribed in the preceding paragraph).

In the case referred to in paragraph (1), when the foreign national is under 16 years of age or is unable to apply for landing due to disease or for other grounds, their father or mother, spouse, child, relative, or legal guardian accompanying the foreign national or any other person accompanying the foreign national may file the application on behalf of the foreign national.

In the case referred to in the preceding paragraph, if there is no person accompanying the foreign national to file the application on behalf of the foreign national, the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft by which the foreign national arrived is to fill out the document set forth in paragraph (1) and file the application on behalf of the foreign national.

The computer provided for in Ministry of Justice Order as prescribed in Article 6, paragraph (3) of the Act is to be a computer utilized for personal identification in order to provide for impartial control over the entry into or departure from Japan and to be installed in the immigration services offices designated by the Commissioner of the Immigration Services Agency.

The information for personal identification provided for in Ministry of Justice Order as prescribed in Article 6, paragraph (3) of the Act is to be fingerprints and photograph (in the case of persons deemed to have received re-entry permission pursuant to the provisions of Article 26-3, paragraph (1) of the Act, fingerprints or fingerprints and photograph).

A foreign national willing to provide their fingerprints pursuant to the provisions of Article 6, paragraph (3) of the Act (except for the foreign nationals prescribed in the next paragraph) must provide them by having the fingerprint imaging data of both of their first fingers be taken by a computer designated by the immigration inspector; provided, however, that in the event that the foreign national is unable to provide the fingerprints due to having lost their fingers or for other grounds, are to provide for each of their hands, the fingerprint of one of the other available fingers in the following order of priority:

the second finger;

the third finger;

the fourth finger; and

the thumb.

A foreign national willing to provide their fingerprints pursuant to the provisions of Article 6, paragraph (3) of the Act (limited to a foreign national who is registered pursuant to the provisions of Article 9, paragraph (8) of the Act and who seeks to have their information recorded pursuant to the provisions of paragraph (4) of the same Article) must provide them by having the fingerprint imaging data of both of their fingers be taken by a computer designated by the immigration inspector as provided pursuant to the provisions of Article 7-2, paragraph (6).

A foreign national willing to provide their photograph pursuant to the provisions of Article 6, paragraph (3) of the Act must provide it by having their facial imaging data be taken by a computer designated by the immigration inspector.

A person provided for in Ministry of Justice Order as prescribed in Article 6, paragraph (3), item (v) of the Act is as follows:

a person who seeks to engage in any activity as a member of the staff of the Japanese office of the Taiwan-Japan Relations Association or as a family member thereof who belongs to the same household;

a person who seeks to engage in any activity as a member of the staff of the Permanent General Mission of Palestine in Japan or as a family member thereof who belongs to the same household;

a person who is endorsed by the Minister of Foreign Affairs as a person who requires consideration in terms of diplomacy; or

a pupil or student of a senior high school, or in the second half of a course of study at a school for secondary education, in a senior high school course of a special needs school, special technical school, or in a higher course of an advanced vocational school (hereinafter referred to as "school"); who is to travel outside the territory of Japan as part of an educational course (an equivalent course in a specialized course or a special course in a senior high school, special- needs school or special technical school, or in a higher course of an advanced vocational school) as prescribed in Article 83 (including as applied mutatis mutandis pursuant to Article 108, paragraph (2)), Article 128, or Article 174 of the Order for Enforcement of the School Education Act (of the Ministry of Education Order No.11 of 1947), and who is an individual whom the person or board provided for in sub-items (a) through (g) in accordance with the classification of schools listed in sub-items (a) through (g) has notified the Minister of Justice of their status as a person endorsed by the principal:

a school established by a national university corporation prescribed in Article 2, paragraph (1) of the National University Corporation Act (Act No. 112 of 2003):the president or chief director of that national university corporation;

a national technical school prescribed in Article 3 of the Act on the Institute of National Technical Schools, Incorporated Administrative Agency (Act No.103 of 2003):the president of the National Institute of Technology, Independent Administrative Agency.

a school founded by prefectures:the board of education of the prefecture.

a school founded by municipalities (including special wards; the same applies hereinafter):the board of education of municipalities.

the technical college founded by a municipal university corporation prescribed in Article 68, paragraph (1) of the Local Independent Administrative Agency Act (Act No.108 of 2003):the president of the municipal university corporation; and

a technical college founded by an incorporated educational institution prescribed in Article 3 of the Private Schools Act (Act No.270 of 1949):the Minister of Education, Culture, Sports, Science and Technology.

other schools:the prefectural governor.

In the event that a foreign national seeking to land in Japan without submitting the certificate of eligibility (including a copy thereof) seeks to prove that they conform to the conditions for landing provided for in Article 7, paragraph (1), item (ii) of the Act pursuant to the provisions of paragraph (2) of the same Article themselves, the foreign national must submit a copy of each of the materials listed in the right-hand column of the Appended Table III, corresponding to the activity listed in the middle column of the same Table in which the foreign national seeks to engage in Japan, and a copy of each of any other materials to be used as a reference; provided, however, that this does not apply if the immigration inspector finds that there is no risk of causing hindrance if all or some of the materials to be submitted are omitted.

A person who seeks to apply for the issuance of a certificate of eligibility pursuant to the provisions of Article 7-2, paragraph (1) of the Act must appear at a regional immigration services bureau and submit a written application pursuant to the Appended Form No. 6-3.

When filing the application set forth in the preceding paragraph, the foreign national must submit a photograph (a photograph taken within six months prior to the date of the application which meets the requirements prescribed in the Appended Table III (2); the same applies in Article 7-2, paragraph (4), Article 7-4, paragraph (1), Article 19-9, paragraph (1), Article 19-10, paragraph (1), Article 19-11, paragraph (1), Article 19-12, paragraphs (1) and (2), Article 20, paragraph (2), Article 21, paragraph (2), Article 21-3, paragraph (3) (including as applied mutatis mutandis pursuant to Article 21-4, paragraph (3)), Article 22, paragraph (1), Article 24, paragraph (2), Article 25, paragraph (1) and Article 55, paragraphs (1) and (2)), and a copy of each of the materials listed in the right-hand column of the Appended Table III corresponding to the activity listed in the middle column of the same Table in which the foreign national seeks to engage while in Japan, and a copy of each of any other materials to be used as a 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 all or some of the materials to be submitted are omitted.

The agent prescribed in Article 7-2, paragraph (2) of the Act is a person listed in the right-hand column of the Appended Table IV that correspond to the activity listed in the left-hand column of the same Table in which the foreign national seeks to engage in Japan.

Notwithstanding the provisions of paragraph (1), a foreign national in Japan or the agent prescribed in Article 7-2, paragraph (2) of the Act (hereinafter referred to as a "foreign national, etc.") is not required to appear at a regional immigration services bureau in the event that the director of the regional immigration services bureau finds that it is reasonable. In this case, any of the persons listed in the following items (with respect to items (i) and (ii), only those requested by the foreign national, etc.) are to submit the written application provided for in paragraph (1) and the photograph and materials provided for in paragraph (2) on behalf of the foreign national, etc.:

a staff member of a public interest incorporated association or foundation with the purpose of promoting smooth acceptance of foreign nationals (hereinafter referred to as a "staff member of a public interest corporation") or a staff member of a registered support organization entrusted by an organization of affiliation of the specified skilled worker based on the contract under Article 2-5, paragraph (5) of the Act to carry out implementation of all of the support plan for specified skilled workers (i) (hereinafter referred to as "staff member of the registered support organization") and whom the director of the regional immigration services bureau finds appropriate; and

an attorney-at-law or administrative scrivener who has notified the director of the regional immigration services bureau exercising jurisdiction over the area where the bar association or the administrative scrivener association to which the attorney or the administrative scrivener belongs is located through the association; or

a legal representative of the foreign national.

If the application set forth in paragraph (1) has been filed, the director of the regional immigration services bureau may issue a certificate of eligibility only in the case where the applicant has proved that the foreign national conforms to the conditions for landing listed in Article 7, paragraph (1), item (ii) of the Act; provided, however, that the director is not required to issue the certificate when it is clear that the foreign national does not conform to the condition listed in Article 7, paragraph (1), item (i), (iii) or (iv) of the Act.

The format of a certificate of eligibility is to follow that of the Appended Form No. 6-4; provided, however, that it may be pursuant to Appended Form No. 6-4-2, or Appended Forms No. 6-5 and No. 6-6, in the event that the director of the regional immigration services bureau finds it reasonable.

The format of the seal of verification for landing prescribed in Article 9, paragraph (1) of the Act is to follow that of the Appended Form No. 7 or No. 7-2 (Appended Form No. 7-3 in the case of a foreign national who has received re-entry permission pursuant to the provisions of Article 26, paragraph (1) of the Act or a foreign national in possession of a refugee travel document pursuant to the provisions of Article 61-2-15, paragraph (1) of the Act).

In the event that an immigration inspector decides the status of residence pursuant to the provisions of Article 9, paragraph (3) of the Act, when deciding the status of residence of "Highly Skilled Professional" (limited to those pertaining to item (i), sub-items (a) through (c) of the right-hand column under "Highly Skilled Professional" in the Appended Table I (2)), the inspector is to issue a certificate of designation pursuant to Appended Form No. 31-3 stating the public or private organization in Japan designated by the Minister of Justice, and when deciding the status of residence of "Specified Skilled Worker", the inspector is to issue a certificate of designation in the format of the Appended Form No. 31-4 which states the public and private organizations in Japan and the specified industrial fields designated by the Minister of Justice, and when deciding the status of residence for "designated activities," the inspector is to issue a certificate of designation pursuant to Appended Form No. 7-4 stating the activities specifically designated by the Minister of Justice with respect to the foreign national.

The particulars provided for in Ministry of Justice Order as prescribed in Article 9, paragraph (4) of the Act are as follows:

name;

country of nationality or the region provided for in Article 2, item (v), sub-item (b) of the Act (hereinafter referred to as "nationality or region");

date of birth;

sex;

date of landing; and

port of entry or departure at which the foreign national lands.

if a foreign national in possession of a registered user card, whose information is to be recorded pursuant to the provisions of Article 9, paragraph (4) of the Act, the status of residence and period of stay decided pursuant to the provisions of paragraph (5) of the same Article.

The computer provided for in Ministry of Justice Order as prescribed in Article 9, paragraph (4) of the Act is a computer used in order to provide for impartial control over the entry into or departure from Japan and installed in the immigration services offices designated by the Commissioner of the Immigration Services Agency.

The provisions of Article 5, paragraphs (9) and (10) apply mutatis mutandis to cases in which a person listed in any of the items of Article 6, paragraph (3) of the Act provides fingerprints and a photograph pursuant to the provisions of Article 9, paragraph (4), item (ii) of the Act.