Rejected applications for extension of period of stay and change of status of residence

Immigration Services Agency

September 2020

Should foreign nationals try to conduct activities relevant to a status of residence other than the status granted to them or try to continue to reside in Japan past the permitted period, it is stipulated based on the Immigration Control and Refugee Recognition Act (hereinafter referred to as “Immigration Control Act”) that the application for permission to change status of residence or extend period of stay must be made to the Minister of Justice. The Minister of Justice may grant the change or extension only if there are reasonable grounds.
To determine whether or not there are "reasonable grounds" to approve the application, a decision is made by comprehensively taking into consideration the applicant's current status of residence, the necessity of residence, and the reasonableness of the application.
Of these, specific examples can be found below.

Case 1
 The individual entered Japan with landing permission under the status of residence "Business Manager" and afterwards was granted an extension of period of stay four times, but was fined 300,000 yen for violating the Immigration Control Act (crime of assisting in engaging in illegal work).
 The individual applied for an extension of period of stay to manage a restaurant, but the extension was not permitted due to problems with residence circumstances.

Case 2
 The individual entered Japan with landing permission under the status of residence "Student (1 year and 3 months)," then was later granted permission to change status of residence to "Engineer/Specialist in Humanities/International Services" and an extension of period of stay was granted three times afterwards. However, the subject was fined 500,000 yen for violating the Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and the Protetion of Children.
 The individual applied for an extension of period of stay to engage in programming work, but the extension was not permitted due to problems with residence circumstances.

Case 3
 The individual entered Japan with landing permission under the status of residence "Student (1 year and 3 months)" for admission to a Japanese language institution, and was later granted extension of period of stay to transition into a professional training college. The individual then filed an application for an extension of period of stay after graduating to study the same course at the same school.
 Although there were no problems with the school or residence circumstances, the act of receiving education at the same school for the same course was not considered a valid reason and the extension of period of stay was not permitted.

Case 4
 The individual entered Japan with landing permission as a third-generation Japanese descendant under the status of residence "Long-Term Resident (3 years)," and resided in Japan after extending the period of stay once, but they were sentenced to two years of imprisonment with work and four years of probation due to crimes of fraud and theft.
 During the period of probation, the individual applied for extension of period of stay to continue to reside in Japan as a third-generation Japanese descendant, but the extension was not permitted due to problems with residence circumstances.

Case 5
 The individual entered Japan with landing permission under the status residence "Long-Term Resident (1 year)" as the spouse of a third-generation Japanese descendent and resided in Japan after receiving permission of extension twice. The individual then applied for an extension of period of stay to continue to reside as the spouse of a third-generation Japanese descendent.
 When the application for extension was filed, a discrepancy was found between the address on the withholding tax slip and the address reported in accordance with the Immigration Control Act. Upon investigation, it was made clear that the individual used the husband’s (third-generation Japanese descendant's) address as their place of residence when applying for an extension of period of stay despite residing at the address on the withholding tax slip since entering Japan. The extension was not permitted due to the false landing application.

Case 6
 The individual entered Japan with landing permission under the status of residence "Spouse or Child of a Japanese National (1 year)" and resided in Japan after extending their period of stay twice, but they were convicted to ten months of imprisonment with work and three years of probation due to violation of the Cannabis Control Law and the Customs Act.
 After divorcing their Japanese spouse, the individual applied to change their status of residence to "Engineer/Specialist in Humanities/International Services" to engage in interpretation and translation and continue to reside in Japan, but the change of status was not permitted due to problems with residence circumstances.

Case 7
 The individual entered Japan with landing permission under the status of residence "Student (1 year)" to enroll in a university and resided in Japan after being permitted to change their status of residence to "Dependent (2 years)," but they were found to be working long-term at an adult entertainment business under the same status of residence without permission to engage in an activity other than those permitted by the status of residence previously granted.
 The individual applied to change their status of residence to "Student" upon enrolling in another university (a different university from when entering Japan), but the change of status of residence was not permitted due to problems with residence circumstances.

Case 8
 The individual entered Japan with landing permission under the status of residence "Temporary Visitor (90 days)" and was later permitted to change their status of residence to "Spouse or Child of a Japanese National (1 year)" after marriage to a Japanese woman. However, a divorce by mutual consent was settled with the Japanese woman.
 After divorce by mutual consent, the individual applied for change of status of residence to continue residing as a "Long-Term Resident." However, the change of status of residence was not permitted due to insufficient reason to grant residency, for reasons including the subject’s history of residence in Japan of one year three months, the circumstances leading to divorce, and the circumstances of their establishment within Japanese society.

Case 9
 The individual landed in Japan after receiving landing permission at a port of call and overstayed the permitted period, but was granted the "Student" status of residence due to special permission to stay in Japan. Later, the individual was permitted to change their status of residence to "Engineer/Specialist in Humanities/International Services" and resided with that status. However, they then resigned from their place of employment.
 The individual wished to participate in broader and more stable activities beyond the limits of their status of residence and applied to change their status of residence to "Long-Term Resident," but the change was not permitted due to insufficient reason to grant the change.

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