I changed jobs while my permanent residence application was pending and my income fell. Will permission be difficult?
Foreigners Employment Support Organization (FESO) ／ Published ／ Last updated
This article is a translation of the Japanese original. Where the two differ, the Japanese version prevails.
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Answer
A change in how you work and a fall in income while your application for permanent residence is pending are very likely to affect screening. The 「所属機関の変更の届出」 (Notification of Change of the Accepting Organization) is a legal duty, so submit it promptly. On top of that, please submit additional material on your own initiative explaining how your working situation came to change. If you do not, there is a risk that your case will be judged to lack information.
What is this enquiry about?
An enquiry from someone who left their job and went independent while their application for permanent residence was pending, and whose income then fell.
Subject: status of residence (visa)
Application type: 永住許可申請 (Application for Permanent Residence)
Situation: Chinese national, male. He filed his own application for permanent residence in January this year. In April he married a Japanese national, and the 地方出入国在留管理局 (Regional Immigration Services Bureau) has asked him for additional documents such as his spouse's certificate of tax payment status and tax payment certificate. He left his previous job at the end of July. From August he signed a contract for outsourced work (業務委託契約) with the company he had left and began working as a sole proprietor. His income from the outsourced work fell to about 170,000 yen a month (月17万円), so he also took a permanent post at a company run by an acquaintance, earning about 80,000 yen a month (月8万円). His annual income has fallen by at least 500,000 yen (50万円) compared with the time he applied.
Question: I changed how I work while my application for permanent residence was pending (outsourced work plus a second job). Besides the 「所属機関の変更の届出」, should I submit, as additional material, an explanation that my working situation has changed and documents showing what I do and what my business involves? Please also tell me what to watch out for when submitting them.
Does a change in circumstances while the application is pending affect screening?
It is very likely to affect it.
In screening for permanent residence, the greatest weight is placed on the applicant's ability to make a stable living and on how settled they are in Japan. Because the following changes happened while the application was pending, the 地方出入国在留管理局 will consider that it needs to look at these points again.
A change in how you work: from company employee to sole proprietor (outsourced work) plus a second job
A large fall in income: an annual income at least 500,000 yen (50万円) lower than at the time of the application
Marriage: marrying a Japanese national after applying for permanent residence
Should I submit additional documents?
Yes. On top of the 「所属機関の変更の届出」, you should submit additional material on your own initiative.
Not only the 「所属機関の変更の届出」: you should also submit, as additional material, an explanation that your working situation has changed and documents showing what you do and what your business involves. If you do not submit them, the risk grows that your case will be judged during screening to lack information and be denied.
Documents proving your current working situation
The contract for outsourced work (a document that clearly shows the terms of the new contract)
The notification of commencement of business as a sole proprietor (your copy of the form filed with the tax office)
Certificate of employment (from the company where you have your second job)
Documents proving your income situation
Recent pay slips and statements of payment (showing the income from both the outsourced work and the second job)
Copies of your bank passbook (showing that your financial position is stable)
Explanatory material
理由書 (written explanation), setting out how your working situation came to change after you applied and why you can still lead a stable life in Japan
A statement about your business, describing in concrete terms what you do as a sole proprietor, your expected future earnings, and how the business will continue
What should I watch out for when submitting them?
Explain every fact honestly, and show both the stability of your income and your married life.
Be completely honest in your explanation That your working situation changed, that your income fell, and that you married. It is essential to explain every fact honestly and carefully. If you are judged to have tried to hide something, you lose the trust of the screening officer and denial becomes very much more likely.
Show that your income is stable A lower annual income is a negative point, but it is important to show that you can still lead a stable life. You can explain that combining outsourced work with a second job has spread your sources of income and made them more stable. Set out your savings and assets and your expected future earnings in concrete terms, to show that there is no problem with your ability to support yourself. Your Japanese spouse's job and salary income, savings, real estate and financial assets are also important supporting material.
Show your married life The fact that you married a Japanese national after applying for permanent residence works in your favour. In your 理由書, show that your spouse supports the application and that the two of you intend to build a stable life together. Do not forget to submit documents showing your spouse's income and tax payment status as well.
Consult a specialist Here 3 important changes have happened at the same time: a change in how you work while the application was pending, a large change in income, and marriage. Explaining all of this properly and gathering the necessary documents on your own is not easy. Please consult a gyoseishoshi registered to submit applications.
The key is how you cover the negative point of a lower annual income with the positive points: your stability as a sole proprietor, the varied income from your second job, and your married life with a Japanese spouse.
Frequently Asked Questions
If I change jobs while my permanent residence application is pending, is the notification enough on its own?
No. The 「所属機関の変更の届出」 is a legal duty, so submit it promptly. On top of that, you should submit additional material on your own initiative explaining how your working situation came to change and what your business involves.
If my annual income falls while the application is pending, will it be denied?
A fall in income is a negative point, but it does not decide the outcome on its own. It is important to show your savings, your expected future earnings, your spouse's income and so on, to prove that there is no problem with your ability to support yourself.
Does marrying a Japanese national after applying affect screening?
The fact that you married a Japanese national after applying for permanent residence works in your favour. Please also submit documents showing your spouse's income and tax payment status.
Is moving from company employee to sole proprietor a negative?
A change in how you work is something that will be examined again. On the other hand, you can also explain that combining outsourced work with a second job has spread your sources of income and made them more stable.
This article provides general information. Immigration rules change, and outcomes depend on individual circumstances. Please check the Immigration Services Agency website or consult a qualified specialist.
This page is a translation of the Japanese original. Where the two differ, the Japanese version prevails.
