Introduction
In Japan, the management of foreign nationals’ stay is divided between residence status (managed by the Ministry of Justice) and visa (entry permit) (managed by the Ministry of Foreign Affairs). Simply put, the visa serves as a permission to enter Japan, issued by Japanese embassies or consulates abroad, while the residence status regulates the purpose and activities allowed during the stay, controlled by the Immigration Services Agency under the Ministry of Justice. This two-step system separates entry permission from ongoing stay permission, enabling detailed control over foreign nationals’ activities during their stay.
This approach is not unique to Japan; many advanced countries operate with a similar conceptual separation. However, the way they implement and emphasize these controls can differ based on each country’s immigration policies and legal frameworks. Below, we describe the Japanese system’s characteristics, and compare it with similar and different examples from other advanced countries to see how they achieve their immigration control objectives.
Characteristics of Japan’s Separation Between Residence Status and Visa
In Japan, a visa is strictly an entry permit, and possession of a visa alone does not guarantee permission to stay. After entry, the Immigration Services Agency grants or refuses residence status, which specifies the allowed activities (study, work, family stay, etc.) and duration. Conversely, a person with a valid residence status who temporarily leaves Japan may re-enter without obtaining a new visa under the re-entry permit system.
This separation allows immigration authorities to review and monitor foreigners’ status not only at the border but throughout their stay, enabling more precise and flexible management. Japan also offers numerous specific residence statuses, allowing finely tailored permission based on the person’s intended activities.
Similar Cases in Advanced Countries
1. United States
The U.S. has a system similar to Japan’s in that visa issuance and stay authorization are separate. Visas are issued by U.S. embassies and consulates abroad and serve as permission to request entry into the country. Upon arrival, Customs and Border Protection (CBP) officers at the border grant admission and determine the actual status and authorized period of stay, recorded on the Form I-94.
The U.S. Citizenship and Immigration Services (USCIS) manages changes or extensions of status once inside the country. Therefore, like Japan, visa issuance and residence status control are handled by different agencies, representing two distinct processes.
2. United Kingdom
The UK also distinguishes between entry clearance (visa) and leave to enter or remain (permission to stay), which is managed by the Home Office. Visas are issued overseas by visa application centers, while the Home Office manages immigration control within the UK.
The UK’s system links the visa and stay permission closely, but they remain separate legal steps. Entry clearance gives permission to travel and seek entry, but actual leave to enter (stay permission) is granted at the border or later inside the UK. Extensions or changes of status are handled internally by the Home Office.
3. Canada
Canada’s immigration system issues visas as entry permits through Immigration, Refugees and Citizenship Canada (IRCC), which also controls stay permissions such as temporary resident status or permanent residency. Unlike the U.S. and Japan, Canada’s visa and residence status management are handled by the same authority, but the visa does not guarantee admission—final permission is given at the border.
Still, Canada separates the concept of entry permit and authorized stay, with extensions and status changes managed internally after arrival.
Different Cases
Germany and the Schengen Area
In Germany and other Schengen countries, short-term visas (Schengen visas) allow stays up to 90 days and are issued by consulates. Longer stays require a separate residence permit granted by local foreigner offices after entry.
Here, the visa and residence permit are clearly separated, but the residence permits tend to be less detailed in classifying types of activities compared to Japan. The Schengen visa governs short-term travel across many countries, while each country manages longer-term stays individually. This separation supports both common border control and national residence management.
Australia
Australia’s immigration system differs notably by using visas to cover both entry and the terms of stay in a unified manner. When a visa is issued, it specifies the purpose, duration, and conditions of stay. There is no separate residence status granted at the border or later.
Thus, the visa itself functions as both an entry permit and stay authorization, which contrasts with Japan’s approach of separating the two stages of immigration control.
Comparison and Conclusion
Many advanced countries, including Japan, the U.S., and the UK, separate entry permission (visa) and stay permission (residence status), allowing detailed, ongoing management of foreigners’ stay after arrival. This two-step approach facilitates initial scrutiny at the border and continuous monitoring during the stay.
Some countries, such as Australia, combine entry and stay permissions into a single visa system, simplifying administration but potentially limiting flexibility in managing changing circumstances after arrival. The Schengen system uses a dual system for short- and long-term stays, balancing multilateral border control with national residence management.
Overall, separating visas and residence statuses allows more precise immigration control and adapts well to complex migration patterns. However, the specific implementation depends on each country’s legal framework, immigration priorities, and historical context. As global migration evolves, countries continue to adapt these systems to balance security, economic needs, and humanitarian concerns.