My 在留資格「経営・管理」 (Business Manager) certificate application has been under screening for 13 months. What can I do?
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 screening period of 13 months is longer than one would normally expect. Screening may have stalled for some reason. Besides telephoning, there are the options of enquiring in writing, submitting supplementary material such as a business plan or financial statements on your own initiative, and, as a last resort, requesting disclosure of information. There is, however, no method that will reliably bring the result forward.
What is this enquiry about?
13 months have passed since the 在留資格認定証明書交付申請 for the 経営・管理 visa was filed, and no result has arrived.
Subject: application for a certificate of eligibility
Application type: 在留資格認定証明書交付申請
Situation: The enquirer filed an 在留資格認定証明書交付申請 for 「経営・管理」 in July last year (昨年7月). No additional documents have been requested, and 13 months have already passed.
What has happened: Telephoning the Regional Immigration Services Bureau several times has produced nothing but "It is under screening. No additional documents are needed at present." The enquirer has heard that similar 経営・管理 applications filed later than this one have already been decided, and is at a loss.
Question: Where there is no result for as long as 13 months, is there anything effective to do besides telephoning?
Why has there been no result for 13 months?
Screening may have stalled for some reason, and an answer of simply "under screening" does not tell you why.
Where screening runs long, the following causes are conceivable.
Defects or gaps in the documents submitted — Where there is something wrong with the documents filed, or information needed for screening is missing. If no additional documents have been requested, however, this possibility may be low
Doubts about the content of the application — Doubts may have arisen about the stability and continuity of the business, or about the manager's career, and a careful investigation may be going on below the surface
A procedural hold-up — The possibility that screening has stopped because of a change of officer in charge or an internal procedural delay is not zero
Where doubts have arisen about the content of the application in particular, the Regional Immigration Services Bureau may have judged that it "needs to check directly with the applicant" and be pursuing an investigation.
Is there anything I can do besides telephoning?
There is no sure-fire trick, but enquiring in writing and submitting supplementary material on your own initiative may move things along.
Enquiring in writing — Enquire of the Regional Immigration Services Bureau in writing (by post) rather than by telephone. Do not merely ask about progress: set out politely that "13 months have passed since the application and I am at a loss. If any additional documents are needed, please let me know and I will submit them promptly." A written enquiry leaves a record more readily than a telephone call, and there is an aspect in which it is easier for the officer in charge to take it up
Submitting a written explanation and supplementary material on your own initiative — Even without a request for additional documents, actively submitting supplementary material from your side is one option. Submit material that can show the stability and continuity of the business afresh, such as the "business plan (latest version)", the "financial statements (latest version)" and "the manager's track record to date". When you do so, it is important to attach a written explanation to the effect that "as a long time has passed since the application, I should like to explain the current state of the business afresh"
Requesting disclosure of information — As a legal procedure, there is also the option of requesting disclosure of information. Part of the internal record on the progress of screening, and on the points about which doubts exist, may be disclosed. It takes time and money, however, so it is something to consider as a last resort
What should I watch for when I enquire?
It is not an occasion for complaint, so it is important to approach it politely and co-operatively.
An enquiry to the Regional Immigration Services Bureau is by no means an occasion for complaint. Screening officers carry many cases, so it is important to approach them with a polite and co-operative attitude.
A screening period of 13 months is highly unusual, and it is a situation in which screening is likely to have stalled for some reason. We suggest that you first consider more active steps, such as enquiring in writing or submitting supplementary material on your own initiative. It is important to keep pressing patiently for progress in screening, while keeping a request for disclosure of information in view.
Frequently Asked Questions
Is it abnormal for there to be no result for 13 months?
It is longer than one would normally expect. It is a situation in which screening is likely to have stalled for some reason.
What methods are there besides telephoning?
Enquiring in writing, submitting supplementary material on your own initiative, and, as a last resort, requesting disclosure of information.
May I submit material even without a request for additional documents?
Yes. Submitting the latest business plan, the latest financial statements and the like on your own initiative, with a written explanation attached, is one option.
Is there a method that is sure to bring the result sooner?
There is not. There is no sure-fire trick; the basic approach is to press patiently for progress with a polite and co-operative attitude.
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.
