We forgot to renew our grandson's status of residence. Can he still get a 定住者 visa?
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
Someone who was born and raised in Japan, and is deeply settled in Japanese society, has a real chance of obtaining a 定住者 visa. Even if there was a period when the status of residence was not renewed, there is no need to give up straight away. The important starting point is to go to the Regional Immigration Services Bureau and report the situation honestly.
What is this enquiry about?
An enquiry from grandparents about the status of residence of the grandson they raised, who was born and brought up in Japan.
Subject: status of residence (Long-Term Resident)
Situation: the enquirers are grandparents whose grandson, now 15 years old, was born and raised in Japan and speaks fluent Japanese. His parents returned to their home country when he was small, and the grandparents have raised him since then. The grandparents are Peruvian nationals and hold 定住者 visas. As for the grandson's status of residence, they may have forgotten to renew his visa.
Question: can the grandson obtain a 定住者 visa? If so, what should they do?
Can someone born and raised in Japan obtain a 定住者 visa?
There is a real chance. Even if a renewal was missed in the past, there is no need to give up straight away.
The 定住者 visa is a status of residence in which the Minister of Justice takes special reasons into account for the individual foreign national and allows them to settle in Japan. Being born in Japan, living here for a long time, being educated here and being settled in Japanese society all count strongly as such "special reasons".
Birth in Japan and continuous residence: having been educated in Japan since childhood and having lived here continuously for a long time is an important sign of being well settled in Japanese society.
His educational record in Japan (日本での教育歴): attending Japanese schools shows both strong Japanese ability and adaptation to the education system.
A stable base of life in Japan: the grandparents' income and assets are examined. The question is whether the whole family can go on living stably without relying on the state or the local authority. Tax obligations and social insurance payments are also checked strictly.
How well settled he is in Japanese society: Japanese ability (reading, writing and conversation), understanding of Japanese culture, customs and social norms, and good conduct are all assessed.
The relationship with the grandparents: the fact that the grandparents who raised him hold 定住者 visas is taken into account as an important support for his base of life in Japan.
What should we do if a renewal was missed in the past?
What to do depends on whether there was an overstay and how it came about. The first step is to go to the Regional Immigration Services Bureau and report it.
If there was a period when he stayed in Japan without a valid status of residence, that is a breach of the 入管法 (Immigration Control and Refugee Recognition Act). Even then it is not impossible to obtain a 定住者 visa, but the hurdle becomes very high.
Going to the Regional Immigration Services Bureau and reporting: first, go there and report the present situation honestly. It is important to show that you accept the mistake and will help to put it right.
Special permission to stay (a special measure): where there are special circumstances — being well settled in Japanese society, or humanitarian reasons, or a contribution to Japanese society — special permission to stay may, very rarely, be granted within the deportation procedure, and a change to a 定住者 visa may then be allowed. This rests on the wide discretion of the Minister of Justice and is judged very strictly.
The length and nature of the breach: a short breach, one that was not serious, or one caused by circumstances beyond your control, leaves room for consideration. The more serious the breach, the harder permission becomes.
What documents are needed for the application?
A birth certificate, documents on his education, documents on the ability to make a living, documents proving the family relationship, and a detailed 理由書.
在留資格変更許可申請書 (Application for Change of Status of Residence), or an application for acquisition of status of residence; passport and 在留カード (Residence Card), if valid ones exist
Birth certificate (proving that he was born in Japan)
Documents proving his education in Japan (graduation certificate, transcript, certificate of enrolment and so on), and anything that objectively shows his Japanese ability
Documents showing how he lives in Japan (residence record, tax payment certificate, tax assessment certificate and so on)
Documents proving the ability to make a living (the grandparents' certificate of employment, pension award certificate, certificate of bank balance, a household budget statement and so on)
Documents proving the family relationship (a family register or notarial deed from the home country) with a Japanese translation, and a document explaining how the parents came to return home
A detailed 理由書 (written explanation): why a 定住者 visa is sought, and, if there was a period when a renewal was missed, how that came about, the regret felt, and an undertaking to obey the law from now on.
身元保証書 (Letter of Guarantee): as a rule from a Japanese national or a 永住者 (Permanent Resident). Normally the grandparents fit this.
Frequently Asked Questions
If we forgot to renew the status of residence, is it better to hide it?
No. It is said to be important to go to the Regional Immigration Services Bureau and report the situation honestly first. You are expected to accept the mistake and help to put it right.
Can a 定住者 visa be obtained even after an overstay?
It is not impossible, but the hurdle becomes very high. Where there are humanitarian circumstances, it may, very rarely, be granted through special permission to stay.
Is the fact that the grandparents raised him taken into account?
Yes. The fact that the grandparents who raised him hold 定住者 visas is said to be an important support for his base of life in Japan.
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.
