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）
Even after the period of denial of landing has passed, a past criminal record and a failure to declare it in the 1st application may still be taken into account in later screening. For a 3rd application, the key is to first find out the reason for the 2nd denial, and then to show remorse and rehabilitation, the outlook for making a living, and the credibility of the marriage, using objective documents.
How to proceed with a 3rd 在留資格認定証明書交付申請, where the wife's past denial of landing, 2 denials, and the husband's leave of absence from work all come together.
The passing of the period does not by itself mean that entry to Japan is automatically permitted.
The fact that the period of denial of landing has passed does not mean that entry to Japan is automatically permitted. The past criminal record, and the fact of the denial of landing itself, may still be taken into account in later screening.
In particular, screening for 日本人の配偶者等 looks at "good conduct" (素行が善良であること), so a past criminal record is assessed strictly.
It may be taken as an attempt to hide the facts, and it damages credibility. At the same time, finding out the reason for the 2nd denial is the first priority.
Not declaring the theft in the 1st application is taken as an act that gives the impression that you are not telling the truth, and that damages credibility. It may work against you in future applications as well.
On top of that, getting an accurate picture of why the 2nd application was denied is the single most important thing when deciding how to approach the next application. Please either file a request for disclosure of information with the 地方出入国在留管理局 (Regional Immigration Services Bureau), or ask at the counter for the specific reasons. This lets you find out what was missing and which points raised concern.
It is looked at carefully in terms of the ability to make a living and the stability of the household, but in some cases it can be explained as a humanitarian circumstance.
This situation may be judged carefully in terms of "the ability to make a living" and "the stability of the household base in Japan".
On the other hand, poor health may also be taken into account as a humanitarian reason for bringing the wife to Japan. If a doctor judges that having the wife nearby is essential, or desirable, for treatment and recovery, this needs to be stated clearly.
Address the past reasons for denial one by one, and show the means of living, the credibility of the marriage, and the humanitarian circumstances with objective documents.
It is conceivable in theory, but the hurdles are high. In practice, it is more realistic to put your effort into the 認定申請 for 日本人の配偶者等 first.
To begin with, 「特定活動」 (Designated Activities) is not a status of residence that spouses normally use. Under Appended Table II of the 入管法, the spouse of a 永住者 falls under 「永住者の配偶者等」, and the spouse of a 定住者 falls under 「定住者」 as a rule. 「特定活動」 is considered only in exceptional cases, such as after a divorce, where the requirements for these statuses can no longer be met, and it is decided case by case.
Even if she were able to enter on a different status of residence, the past criminal record, the past denial of landing, and the ability to make a living would again be examined strictly when applying to change to 「日本人の配偶者等」. If the reason for the earlier denial has not been addressed, the change may well be denied too.
For that reason, the most realistic path is to put everything into the 認定申請 for 「日本人の配偶者等」 first, and to prepare thoroughly.
In cases where there have already been 2 denials, repeating applications on your own judgment can sometimes make the situation harder. Please come to us while you are still at the preparation stage.
No. The passing of the period does not by itself mean that entry is automatically permitted, and a past criminal record and a past denial of landing may still be taken into account in later screening.
Please either file a request for disclosure of information with the 地方出入国在留管理局, or ask at the counter for the specific reasons. This is the most important step when deciding how to approach the next application.
You can apply. However, the ability to make a living is looked at carefully, so you need to show income during the leave of absence, the outlook after returning to work, savings and assets, and the possibility of help from relatives, using objective documents.
Submit records relating to the past criminal record, together with a detailed written statement setting out the remorse felt. Also gather documents showing that daily life and finances have been in good order since then.
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Get a free consultationThis 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.