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 couple themselves, staying on a short-term visa, about an application to change to a 日本人の配偶者等 (Spouse or Child of Japanese National) visa.
Even if a COE has been issued, it is said that an application is not accepted when the period of stay as a 短期滞在 is 15 or 30 days, and may be accepted when it is 90 days (acceptance is not guaranteed). However, even if accepted, the examination is not necessarily completed the same day, and the standard processing time for an application for change of status of residence is 1 to 2 months. Also, the basis for the grace period is not the COE but 入管法20条6項, and it is not a system that guarantees an examination period.
An enquiry from a couple themselves, staying on a short-term visa, about an application to change to a 日本人の配偶者等 (Spouse or Child of Japanese National) visa.
The understanding that it is not accepted at 15 or 30 days but may be accepted at 90 days is thought to be broadly correct in practice.
The understanding that, when the change application is made with a COE issued, it is not accepted when the period of stay as a 短期滞在 is 15 or 30 days and may be accepted when it is 90 days (acceptance is not guaranteed) is said to be broadly correct as a practical understanding.
Even with a COE issued, it cannot be said that the examination is completed the same day.
Even where a COE has been issued, it cannot be said that an application for change of status of residence is normally examined and completed the same day. The standard processing time for an application for change of status of residence published by the 出入国在留管理庁 (Immigration Services Agency of Japan) is 1 to 2 months.
The basis for the grace period is not the COE but 入管法20条6項.
A COE is not a legally required condition for permission to change status from 短期滞在. Also, the basis on which the grace period applies is not the COE but 入管法20条6項. Therefore, the grace period under that provision becomes an issue when, for a person staying for 90 days as a 短期滞在, the change application is lawfully accepted and no decision is made by the expiration date of the period of stay. This point requires individual confirmation at the time of application or beforehand.
The grace period is not a system that guarantees an examination period, so it cannot be asserted that it will always finish within 2 months.
It cannot be asserted that "even at the 東京出入国在留管理局 the examination will always finish within 2 months". The grace period is not a system that guarantees an examination period; it is a system under which the person may remain in the previous status of residence until the earlier of the time a decision is made or the date on which 2 months have passed from the expiration date of the previous period of stay.
Note also that a change from 短期滞在 to 「日本人の配偶者等」 is not decided on the presence or absence of a COE alone, but is decided in light of individual circumstances, including the "reasonable grounds" for the change of status of residence.
Even with a COE issued, it is said not to be accepted with a 短期滞在 of 30 days. With 90 days, it may be accepted.
It cannot be said that it is completed the same day. The standard processing time for an application for change of status of residence is 1 to 2 months.
The basis for the grace period is not the COE but 入管法20条6項. It becomes an issue when the change application is lawfully accepted and no decision is made by the expiration date of the period of stay.
It cannot be asserted. The grace period is not a system that guarantees an examination period.
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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.