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)
First, go to the Regional Immigration Services Bureau at the date and time you are given, and hear the reasons for the denial in detail.This explanation is a valuable opportunity that you can have only once.Even after you have changed to 「特定活動」 for preparing to leave, the way to apply again remains open if you can clear away the reasons.
This is for people whose extension of 「経営・管理」 has been denied, to check what to do immediately afterwards and how to go about applying again.
Above all it is important to go at the date and time you are given, and to hear the reasons for the denial in detail.
When the notice of denial (a postcard or a letter) arrives, you must go to the Regional Immigration Services Bureau at the date and time you are given. The most important thing then is to hear the reasons for the denial in detail.
The screening officer will explain why permission was refused, and which documents or facts were lacking or unsuitable. This explanation is a valuable opportunity that you can have only once. If you are uneasy about taking it in on your own, we recommend asking an expert such as a certified administrative procedures legal specialist (gyoseishoshi) to come with you, so that you grasp the reasons accurately.
Not only as time to prepare to go home, but also as time to clear away the reasons for the denial and prepare a fresh application.
Once an extension is denied, you are not allowed to stay on under your current status of residence, but in many cases you will be encouraged to change to the status of residence 「特定活動(30日または31日)」 for preparing to leave the country.
This period is not simply time in which to prepare to go home. It can also be used as time to clear away the reasons for the denial and to prepare a fresh application. In the case of 「特定活動(31日)」, there are cases where, if you take proper measures within that period and a fresh application is accepted, you can wait for the result while remaining in Japan.
Most often, doubt is raised about the continuity of the business; the 3 typical reasons are loss-making accounts, the state of the office, and insufficient explanation.
Where extensions of 1 year have been going on, there is also a risk that an extension will suddenly be denied because of the contents of the latest accounts. Explaining the substance of the business, the business environment, the state of the business and its record, together with supporting documents, before a denial occurs, can be expected to have a preventive effect.
Transitional measures apply up to the day on which 3 years have passed from the date the amendment came into force, but after that you must meet the criteria for permission as amended.
Where a person already residing under 「経営・管理」 files an 在留期間更新許可申請 up to the day on which 3 years have passed from the date the amendment came into force (16 October 2028, 令和10年10月16日), the decision whether to permit is made in the light of the state of the business and the prospect of coming into line with the criteria for permission as amended, even where those amended criteria are not met.
During screening, you may be asked to submit a document that has been assessed by an expert in business management. An 在留期間更新許可申請 made after 3 years have passed from the date the amendment came into force must meet the criteria for permission as amended.
You need new objective evidence and written explanations sufficient to cancel out entirely the reasons for denial you were given.
Analyse the reasons for denial you were given, and prepare new evidence and written explanations sufficient to cancel them out entirely.
Simply filing the same documents as last time will not change the result. If you are making a loss, it is essential to build up objective material showing that the business is turning upward: contracts with new customers, proof of funding raised, concrete results of cost reduction, and so on.
If continuing the business is objectively difficult, considering a change to another status of residence is one strategy.
If it is judged that continuing the business is difficult when viewed objectively, then rather than clinging to 「経営・管理」, considering a change to another status of residence is one strategy.
For example, if you have sufficient education or career history, you might transfer your company to someone else or close it, and then consider changing to 在留資格「技術・人文知識・国際業務」 (Engineer/Specialist in Humanities/International Services) or the like, employed by another company. Judging flexibly to suit your circumstances is the key to continuing your stay in Japan.
A denial of an extension is a great shock, but by grasping the reasons for the denial accurately and taking measures quickly, your next move comes into view. If you are unsure what to do, please consult an expert such as a certified administrative procedures legal specialist (gyoseishoshi) before it is too late.
Go to the Regional Immigration Services Bureau at the date and time you are given, and hear the reasons for the denial in detail. This explanation is a valuable opportunity that you can have only once. If you are uneasy, we recommend asking an expert to come with you.
In some cases you can. This period is not only time to prepare to go home; it can also be used as time to clear away the reasons for the denial and prepare a fresh application. In the case of 「特定活動(31日)」, there are cases where, if a fresh application is accepted within the period, you can wait for the result while remaining in Japan.
You need to submit a business improvement plan drawn up by a registered management consultant (chusho kigyo shindanshi) or a certified public accountant, and to prove logically that there is a prospect of returning to profit within 1 year. Please also build up objective material showing that the business is turning upward, such as contracts with new customers and proof of funding raised.
Where a person already residing under 「経営・管理」 files an extension by 16 October 2028 (令和10年10月16日), the decision whether to permit is made in the light of the state of the business and the prospect of coming into line, even where the criteria for permission as amended are not met. An application filed after that date must meet the criteria for permission as amended.
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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.