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 a foreign married couple who came to Japan on a 「留学」 (Student) status of residence.
An explanation that puts the blame on the agent or consultant will not work. The application is treated as the applicant's own responsibility. You need to honestly declare your actual marital status and, while making clear that the false application was not made intentionally, attach a statement of apology when you submit the renewal application.
An enquiry from a foreign married couple who came to Japan on a 「留学」 (Student) status of residence.
No. The application is treated as the applicant's own responsibility.
No. Even where the sending organisation or consultant effectively carried out the application on your behalf, the application is treated as having been made under the applicant's own responsibility.
An explanation that consists only of “I did not know” or “it was the agent's fault” — that is, one that pleads ignorance or shifts the blame — will not work. The minimum starting point is to show that it was not intentional, and on top of that, a statement of apology is required that makes clear exactly what is being apologised for.
Because it is thought to reduce the burden of proving the means to cover expenses, and to speed up the issuance of the COE.
This is because declaring oneself as “unmarried” is thought to reduce the burden of proving the means to cover expenses, and to speed up the issuance of the Certificate of Eligibility (COE).
Generally, declaring oneself as unmarried reduces the burden of proving the means to cover expenses compared with declaring as married, and it also pushes back the timing of a family member's 「家族滞在」 (Dependent) COE application after entering Japan. For the applicant, this is thought not only to ease the burden at the time of proving the means to cover expenses, but also to make it less likely that the situation looks like the first step of a settlement plan — that is, calling a spouse to Japan as a dependent soon after entering under the pretext of “studying” — and as a result, permission is thought to be easier to obtain. It is not clear how much real effect this actually has, but because there appears to be a certain logical basis to the reasoning, this kind of mistaken application does happen.
If it is judged that permission was obtained by deception or other wrongful means, it will affect both the renewal and calling family members to Japan.
By the time of the COE application, the Regional Immigration Services Bureau will naturally come to suspect that “the earlier application may have been a false application made in order to obtain these advantages”. If this is found to fall under a case of obtaining permission by deception or other wrongful means (入管法22条の4第1項1号・2号・3号), the following risks arise.
If there is already a child, failing to disclose the facts at this stage is thought to make it almost impossible to call the child to Japan in future. The Regional Immigration Services Bureau tends to strongly dislike this kind of after-the-fact disclosure of facts, so a careful approach is needed.
Honestly declare the actual marital status, and attach a statement of apology showing that it was not intentional.
Honestly declare your actual marital status, show that it was not intentional, and attach a statement of apology that makes clear exactly what you are apologising for. Explanations that consist only of “I did not know” or “it was the agent's fault” — that is, that plead ignorance or shift the blame — are strictly to be avoided.
Cases that end in permission are thought not to be uncommon in practice, but the approach described here can affect status of residence applications generally over a long period going forward, so this is a difficult application that requires a careful approach.
Following the school's wishes only increases the risk. The outcome of the application is the applicant's own responsibility.
Continuing to make false applications in line with the school's wishes will only increase the risk. The outcome of the application is treated as the applicant's own responsibility.
There are cases where the school wants the benefit of applying as unmarried (such as the continuation of enrolment), while not wanting to take responsibility for having benefited from a false application. However, since the application is treated as having been made under the applicant's own responsibility, this comes down to a situation where the applicant must accept the consequences at their own risk: either take the risk of repeating a false application, or take the risk of denial that comes from making a correct application. Where the applicant chooses the path of making a correct application, it is the role of the gyoseishoshi to support that process fully.
Yes. Even where the sending organisation or consultant effectively carried out the application on the applicant's behalf, the application is treated as having been made under the applicant's own responsibility.
There is no set format, but you need to explain the facts and the background specifically, avoid expressions that only plead ignorance or shift the blame (such as “I did not know” or “it was the agent's fault”), and attach a statement of apology that makes clear exactly what you are apologising for.
It may. Even where intent is not found on the applicant's own part, the risk of denial for the spouse's 「家族滞在」 application is said to rise significantly. If there is already a child, missing the opportunity to disclose the facts can make calling them to Japan in future almost impossible.
Responsibility for the outcome of the application rests with the applicant alone. Continuing to make false applications in line with the school's or employer's wishes will only increase the risk.
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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.