Principle
Applications for a Certificate of Eligibility can be made by an “agent” in Japan on behalf of the foreign national seeking to enter Japan. The types of people who can act as agents for each status of residence are listed in Appendix 4 of the Enforcement Regulations of the Immigration Control Act. (Who is the agent when applying for a Certificate of Eligibility?) However, there are exceptions, and some statuses of residence do not allow an agent to be designated, a typical example being “Designated Activities”.
Designated Activities
The above-mentioned Immigration Control Act Enforcement Regulations, Appendix 4, stipulates the following regarding agents for designated activities:
An employee of the organization to which the person belongs and which will carry out activities designated by the Minister of Justice, a person who employs the person, or a person designated by the Minister of Justice in a public notice in accordance with the activities designated by the Minister of Justice.
Regarding designated activities, there are two types: public notice type and non-public notice type. In the first place, designated activities are statuses of residence established to cover those that do not fall under any of the statuses of residence established according to the content of the activity, and among them, activities that have been specifically established in advance in the form of a public notice are called “public notice types.”
The items in “public notice types” can be referred in the Immigration Bureaus’ website, (PDF notices) and the notice number goes up to 57.
Where is the exact legal basis?
I have carefully examined the PDF notices for each notice category whether a agent has been appointed, and if so, what kind of person is recognized as an agent, but none of the category mention agent.
I wondered if there was another notice somewhere, so I searched the internet, but I couldn’t find it. Unfortunately, there was no legal basis for it (or it wasn’t made public).
For example, let’s see details for the notice number 25, 40, and 53.
| Number | Title | Agent |
| 25 | Medical stay | Yes |
| 40 | Tourism and recreation | No |
| 53 | Digital Nomads | No |
While an agent is defined for category 25 “Medical Stay,” no agent is defined for category 40 “Tourism/Recreation” and category 53 “Digital Nomad.” (The information for category 25 is clear from what is listed on the Immigration Services Agency’s website, but the information for categories 40 and 53 can be found in the “Examination Guidelines,” which are not listed on the website and are not publicly available, and can be read as a manual for the Immigration Services Agency.)
In other words, there is no legal basis for listing whether or not an agent has been defined for each notification number (according to our office’s research, there appears to be no law, enforcement regulations, ministerial ordinance, or notification that provides such a basis).
Procedures when no agent is defined
Whether or not an agent has been defined is very important. Residence statuses for which a representative has not been defined, the applicant (the foreign national himself/herself) cannot apply for a Certificate of Eligibility unless he/she is in Japan.
This means that foreigners who enter Japan on a short-term stay basis will be required to obtain a Certificate of Eligibility and then apply for permission to change their status of residence based on this certificate.
Originally, a Certificate of Eligibility is required for foreigners overseas to enter the country. Furthermore, applications for permission to change residence status from short-term stay are not approved “except in unavoidable circumstances,” and having a Certificate of Eligibility is considered an “unavoidable circumstance,” which is an irregular practice.
It may be difficult to understand, but to sum up, for those with designated activities those do not define an agent, you must first enter the country on a short-term stay basis, then apply for a Certificate of Eligibility, and then apply for permission to change your residence status.