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If we move to Japan from abroad, will a change from 短期滞在 be permitted?

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. Read the Japanese original(日本語版を読む)

Answer

A change of status of residence from 短期滞在 is limited to cases where there are "unavoidable special circumstances", and it is not permitted as a matter of course simply because you plan to move to Japan. The proper route is to obtain a 在留資格認定証明書 in Japan, apply for a 査証 at the embassy or consulate in your country, and then come to Japan.

What is this enquiry about?

An enquiry from someone planning to move to Japan from abroad with their spouse, asking whether this counts as an "unavoidable circumstance" allowing a change from 短期滞在.

Does "moving to Japan" count as an "unavoidable special circumstance"?

It does not count as a matter of course. The proper route is to obtain a 在留資格認定証明書 first and then come to Japan.

Under 入管法第20条第3項ただし書き, a 在留資格変更許可申請 by a person residing under the status of 短期滞在 is not to be permitted unless it is based on unavoidable special circumstances.

If the move is settled, the proper flow is to file the 在留資格認定証明書交付申請 in advance through a relative in Japan or similar, and then, once it has been issued, to apply for a 査証 (visa) at the embassy or consulate in your country before coming to Japan.

Information on the internet saying that it "is permitted" refers only to an exceptional handling, and it is not something guaranteed to you as a right.

What walls will we run into?

People tend to stumble on 3 points: acceptance at the counter, financial proof, and the genuineness of the marriage.

  1. The application may not be accepted at the counter/You may be told "please return to your home country first and file the 認定証明書交付申請 there", and the change application form may not be accepted. Saying "it said so on the internet" will not work. If you have not prepared a logical written explanation, you may find yourself stuck on the spot.
  2. Financial proof is not in place/A couple who have just come back from abroad have no proof of income in Japan (a tax assessment certificate). Having savings alone is not enough, and where no job in Japan has been decided, the ability to make a living is questioned strictly. The income of the relative in Japan acting as guarantor is also looked at.
  3. The genuineness of the marriage tends to be doubted/If you rush a switch from 短期滞在 under the heading of a "move", there is a tendency for screening to be carried out more carefully than in an ordinary application.

If we still want to do the procedure inside Japan, what should we watch out for?

Always allow for the possibility that no decision comes within the period of stay, and for having to leave Japan if it is denied.

Quite a few people enter Japan thinking "it says on the internet that it will be fine", and then run into trouble at the counter. So that the big decision to wind up your life abroad and come to Japan is not wasted, we suggest first letting go of the optimistic information.

Frequently Asked Questions

Is moving to Japan from abroad a reason for permitting a change from 短期滞在?

It is not a reason that is accepted as a matter of course. Under 入管法第20条第3項ただし書き, a change from 短期滞在 is not to be permitted unless it is based on "unavoidable special circumstances", and it remains an exceptional handling.

What steps should we properly take?

The proper flow is to file the 在留資格認定証明書交付申請 through a relative in Japan or similar, and then, once it has been issued, to apply for a 査証 at the embassy or consulate in your country before coming to Japan.

Where do people stumble when applying for a change from 短期滞在?

3 points: the change application form not being accepted at the counter; having no proof of income in Japan, so that the ability to make a living is questioned strictly; and the genuineness of the marriage being screened more carefully than usual.

Will the result come within the 90 days of the visa exemption?

It can take 3 months or more for the result of a change application to come. If it is denied, you would have to return home at that point, so you need to prepare on the assumption that you may have to leave.

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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. Where the two differ, the Japanese version prevails.