{"id":679,"date":"2024-05-27T21:50:46","date_gmt":"2024-05-27T12:50:46","guid":{"rendered":"https:\/\/www.japan-workers.com\/?p=679"},"modified":"2024-05-27T21:50:46","modified_gmt":"2024-05-27T12:50:46","slug":"is-certification-reset-a-panacea","status":"publish","type":"post","link":"https:\/\/www.japan-workers.com\/?p=679","title":{"rendered":"Is \u201ccertification reset\u201d a panacea?"},"content":{"rendered":"\n

I heard a case about an applicant, who had previously resided in Japan applied for a Certificate of Eligibility (hereinafter referred to as “Certification”), was asked from the Immigration Bureau about his retirement history during his previous stay in Japan, etc. and to submit payment slips and transfer records in the period.<\/p>\n\n\n\n

When applying for permission to change the status of residence (hereinafter referred to as “change”) or to extend the period of stay (hereinafter referred to as “renewal”), it is natural that you must explain these matters at the time of application. However, in the case of “certification”, these explanations are usually not required.<\/p>\n\n\n\n

Requirements for \u201cchange\u201d and \u201crenewal\u201d<\/h2>\n\n\n\n

In order for “renewal” or “change” to be permitted, the following requirements must be met, according to the guidelines for permission to change status of residence and extend period of stay<\/a> published by the Immigration Bureau.<\/p>\n\n\n\n

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  1. The activity you intend to carry out falls under the status of residence listed in the attached schedule of the Immigration Control Act that pertains to your application.<\/li>\n\n\n\n
  2. Conforms to the landing permission standards stipulated by the Ministry of Justice ordinance.<\/li>\n\n\n\n
  3. The applicant was engaged in activities consistent with his\/her current status of residence.<\/li>\n\n\n\n
  4. Not having bad behavior<\/li>\n\n\n\n
  5. Having sufficient assets or skills to earn an independent living<\/li>\n\n\n\n
  6. Employment and working conditions are appropriate.<\/li>\n\n\n\n
  7. Fulfilling tax obligations<\/li>\n\n\n\n
  8. Compliance with notification obligations stipulated in the Immigration Control Act<\/li>\n<\/ol>\n\n\n\n

    1 is called eligibility for residence status, and 2 is called suitability for landing permission standards. Article 20, Paragraph 3 (for “change”) and Article 21, Paragraph 3 (for “renewal”) of the Immigration Control Act state that “Permission may be granted only when there are sufficient grounds to deem it appropriate.” So 3-6 is called as “appropriateness in a narrow sense”.<\/p>\n\n\n\n

    Requirements for issuing a Certificate of Eligibility<\/h2>\n\n\n\n

    According to Article 6-2, Paragraph 5 of the Immigration Control Act Enforcement Regulations, the following conditions must be met.<\/p>\n\n\n\n

      \n
    1. Passport and visa must be valid<\/li>\n\n\n\n
    2. Activities are not false<\/li>\n\n\n\n
    3. Must be eligible for residence status<\/li>\n\n\n\n
    4. Conforms to landing permission standards<\/li>\n\n\n\n
    5. The planned period of stay complies with the provisions of the Enforcement Regulations of the Immigration Control Act that determine the period of stay.<\/li>\n\n\n\n
    6. Not falling under the grounds for refusal of landing as stipulated in Article 5, Paragraph 1 of the Immigration Control Act<\/li>\n<\/ol>\n\n\n\n

      “Certification Reset”<\/h2>\n\n\n\n

      As can be seen from the above, “appropriateness in a narrow sense” is not required in the context of “certification.”<\/p>\n\n\n\n

      For example, in the following cases, if it is expected that you will not be able to receive permission for “renewal” or “change” smoothly, you should leave the country, return your residence card, and return to the country in a “clean state”, then try to get COE issued.<\/p>\n\n\n\n