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If a Certificate of Eligibility for a spouse visa was applied for with the father of the Japanese spouse, who lives overseas, as the agent, can the family staying in Japan as Temporary Visitors apply for a change of status within Japan?

Foreigners Employment Support Organization (FESO) / Published  / Supervised by 佐藤 拓 行政書士

This article is a translation of the Japanese original. Where the two differ, the Japanese version prevails. Read the Japanese original(日本語版を読む)

Who this article is forAn enquiry from the applicant himself or herself about the Certificate of Eligibility application and the change-of-status application for a 日本人の配偶者等 (Spouse or Child of Japanese National) visa.

Answer

It is understood to be correct that new letters of guarantee are obtained for 2 guarantors, the Japanese wife and her father (the father-in-law of the Korean-national husband) and submitted together with the application for change of status, the explanatory statement and the passports, and for a change of status after the Certificate of Eligibility is granted, it is said to be enough to concentrate on explaining what the "unavoidable special circumstances" are. New circumstances, such as the Japanese wife having obtained a residence certificate (住民票) in Japan, work in the applicant's favour, so it is said to be better to explain them proactively.

What is this enquiry about?

An enquiry from the applicant himself or herself about the Certificate of Eligibility application and the change-of-status application for a 日本人の配偶者等 (Spouse or Child of Japanese National) visa.

Do I need to submit the original of the residence certificate?

An original is not needed for online submission; it is needed if you take the application in person to the counter.

For online submission, the original is said to be unnecessary (you need to be sent the link for online submission, and in practice it is hard to get through by phone to the 地方出入国在留管理局 to obtain it). If you take the application in person, the original is said to be needed.

Should the letters of guarantee be newly obtained for 2 guarantors, the Japanese wife and the father-in-law?

It is correct to understand that they are to be newly obtained for 2 guarantors, the Japanese wife and the father-in-law.

That understanding is said to be correct.

What points need particular attention in a change-of-status application from 短期滞在?

The core is to explain the "unavoidable special circumstances" for applying for the change of status.

For a change-of-status application after the COE is granted, it is said to be enough to concentrate on explaining what the "unavoidable special circumstances" for applying for the change of status are.

Should obtaining a residence certificate in Japan be reported to the 地方出入国在留管理局?

Because obtaining the residence certificate is considered to work in the applicant's favour, we think it is better to explain it proactively.

Under the 入管法 (Immigration Control and Refugee Recognition Act), there are provisions on the offence of "unlawful acquisition of status of residence" and the offence of "facilitating unlawful acquisition of status of residence for profit", which punish cases such as obtaining landing permission by false or other wrongful means, and also a provision on revocation of status of residence covering cases where facts falling under grounds for denial of landing were concealed and the immigration inspector's judgment was thereby misled, so an application agent is said to need to exercise sufficient care. It is said to be desirable, as part of an application agent's professional duty, to declare and explain as far as possible not only matters for which the law clearly sets a duty to declare but also important facts that may affect the decision to grant or deny (the overall standard of how far to check and declare is said to differ depending on the individual case and the judgment of the application agent).

In this case, obtaining the residence certificate is considered rather a circumstance that works in the applicant's favour, so it is said to be better to explain it proactively.

Frequently Asked Questions

For an online application, is the original residence certificate needed?

For online submission, the original is said to be unnecessary. If you take the application in person, the original is needed.

If the COE is granted during the short-term stay, whose letters of guarantee should be obtained, and for how many persons?

It is said to be correct to understand that new letters of guarantee are obtained for 2 guarantors: the Japanese wife and the father-in-law of the Korean-national husband.

Must newly learned circumstances (such as obtaining a residence certificate) always be reported to the 地方出入国在留管理局?

Regardless of whether there is a legal duty to declare, it is said to be desirable to explain as far as possible any important fact that may affect the decision to grant or deny, and in this case it is said to be better to explain it proactively as a circumstance in the applicant's favour.

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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. Because it is a translation, the meaning may differ from the original in places. Where something affects a decision you are making, please check the Japanese version or ask us. The supervision by a 行政書士 is of the Japanese version.