Consultation for Visa
We are able to assist in the following cases:
- To acquire a working visa
- To invite family as dependents for a foreign national (application for the issuance of a certificate of eligibility)
- Acquisition of special permission for an overstayed foreign national
- Court trial for the revocation of a deportation order
- An application for provisional release from an immigration detention center.
Need Help With A Legal Problem?
We, Nagoya International Law Office, welcome cases relating to visas. We can assist with cases such as:
- I came to Japan as a student and found employment at a Japanese company after graduation. What type of visa should I change to?
- I came to Japan as a cook and want to invite my family as dependents. Is that possible?
- I have overstayed but I want to remain in Japan due to wanting to live with my spouse in Japan. Is it possible to get a visa?
- I have been arrested for overstay and been detained in an immigration detention center. Can I receive permission for a provisional release?
- How can I file a case to the court for a revocation of deportation order?
- I married a Japanese person after having lost a legal suit for acquiring a visa. Is there any measure to acquire a visa?
Procedure of Tasks
Changing of Visa Status
Resolution
You may change your visa status from student visa to working visa if you satisfy requirements.
Information
A student visa allows work up to 28 hours a week if you get permission to engage in activity other than that permitted under the status of residence. If you want to work more, you need to acquire a working visa.
Be aware that occupations which enable you to acquire a working visa are limited. For instance, occupations related to international service may satisfy requirements of an international service visa, and a chef in a foreign cuisine restaurant may satisfy requirements for skilled labor, but unskilled jobs will not enable you to obtain a working visa.
As well as requirements for occupation, you should also satisfy requirements for experience, educational background, wage, and so forth. For example, in general, you need more than 3 years' experience for an international services visa, but there are no requirements for experience to be a translator.
Our Service
We will examine whether you satisfy requirements for changing a visa status, and provide you with information about required documents. We will submit necessary documents to the Immigration Bureau on your behalf, and we also prepare an opinion paper if needed.
Frequent Q&A
Q. |
My visa has almost expired. Is it too late to apply for a visa status change? |
|---|---|
A. |
When you apply for a change of visa status before your visa expires, the period of your visa will be extended for 2 months at most. Please be advised that since you need preparation, it is best to consult about a visa status change as soon as possible. |
Q. |
I have already applied for changing a visa status, but it was rejected. Can I apply a second time? |
|---|---|
A. |
Yes. By solving problems which occurred in the first application, there is potential for gaining permission to change your visa status. |
Q. |
Can I take action for the rejection of a change of visa status application? |
|---|---|
A. |
Yes. Within 6 months from when you received the rejection notice, you can file a lawsuit. We will support you from application to lawsuit through the same attorney who will help create a statement which is detailed and persuasive. |
Q. |
How long does it take to receive a result for changing a visa status? |
|---|---|
A. |
The average duration for a result is about 2 weeks to 1 month. |
Q. |
Can I receive a visa for managing a company? |
|---|---|
A. |
If the office is located in Japan and the scale satisfies the requirement, you may obtain a business manager visa. You are required to submit a business plan which we can help plan. |
Inviting Family as Dependents (Application for the Issuance of a Certificate of Eligibility)
Resolution
When you have a particular visa which satisfies requirements, you may be able to invite your family from overseas as dependents.
Information
To invite family as dependents, you should apply for the issuance of a certificate of eligibility. Issuance of eligibility is an application asking the Immigration Bureau to inspect requirements beforehand. Your family need to submit eligibility to the Japanese embassy in their country, and acquire a visa to enter Japan as dependents.
For example, with a cook visa status you can invite your spouse and children if you earn enough to afford a family.
Our Service
We, Nagoya International Law Office will examine whether you and your family satisfy requirements for a dependent visa and provide you with information about required documents. We will submit them to the Immigration Bureau on your behalf and we also prepare an opinion paper if needed.
Frequent Q&A
Q. |
My father is at an advanced age and is living alone in my original country. Is it possible to invite him as a dependent? |
|---|---|
A. |
There is possibility that your father may obtain a dependent visa. However, a certificate for eligibility may not be applied, and it is best to consult a professional in regard to options. |
Q. |
I want to invite my family member, but she has overstayed in Japan before. Is it possible to invite her? |
|---|---|
A. |
People who have been deported from Japan are not allowed to enter Japan for a fixed term such as 5 years, 10 years, or permanently. However, in special occasions, you may invite your family before the fixed term has passed. We will support you with acquiring special permission. |
Q. |
I am currently living overseas and planning to establish a company in Aichi. Is it possible to receive a business management visa? |
|---|---|
A. |
Previously, it was difficult to apply for a business management visa while overseas due to company office and corporation size requirements. However, Aichi prefecture has set special provisions for a management visa since April 2017. The provision enables you to come to Japan and start building a company if you can acquire a certificate for a company building plan. |
Q. |
How long does it take to receive a result of certificate for eligibility? |
|---|---|
A. |
The average duration for the result is about 1 month to 3 months. |
Q. |
Is it possible to take action against rejection of the issuance of a certificate of eligibility? |
|---|---|
A. |
Yes. Within 6 months from when you received the rejection notice, you can file a lawsuit. We will support from application to lawsuit through the same attorney who will help create a statement which is detailed and persuasive. |
Q. |
How long does it take to receive a result? |
|---|---|
A. |
The average duration until the result is about 1 month to 3 months. |
Acquisition of Special Permission and Actions for the Revocation of Deportation Order
Resolution
Support by attorney in the deportation process may enable the acquisition of special permission.
After receiving the deportation order, we will support you with actions for the revocation of a deportation order.
Information
If your visa has expired but you want to remain in Japan, you must acquire special permission from the Immigration Bureau.
Requirements for special permission are not listed clearly in the law, and the permission is determined discretionary by the immigration office according to guidelines. Guidelines illustrate the factors such as marriage with a Japanese citizen or a legally-staying International resident, raising Japanese children, the staying period, criminal record and behavior, and so forth.
Especially, marriage with a Japanese citizen or legally-staying International resident will be an important, positive element, whereas commitment of crime will be a detrimental, negative element.
Our Service
In the deportation process, we will submit an opinion paper with evidence and attend the final interview. Through the process, we will negotiate with the Immigration Bureau to provide you with special permission.
In the trial, we will submit persuasive papers referring to evidence and apply for your questioning session for the court to recognize you specifically require special permission.
In the event of a lost trial, if there are changes in your family situation, we will endeavour to re-apply for special permission through an application to the Immigration Bureau or mandamus actions.
Frequent Q&A
Q. |
How long does it take to receive a result of the trial? |
|---|---|
A. |
It depends on the factors of each case, but normally it approximately takes a year. |
Q. |
If I file a case to the court, does it effect the decision of provisional release? |
|---|---|
A. |
No. Your right of access to the courts is guaranteed by Constitutional law. |
Q. |
What kind of documents do I need to submit to the court? |
|---|---|
A. |
It depends on each case. When you want to prove the seriousness of your relationship, statements of your spouse or pictures of you and your spouse will be primary evidence. |
Q. |
Can I file a case to the court at any time? |
|---|---|
A. |
Concerning action for the revocation of a deportation order, you must file a case to the court within 6 months from when you received the deportation order. When there are changes to your family situation, we can take mandamus actions to the court at any time. |
Q. |
Do I need to attend the trial? |
|---|---|
A. |
Except for the date of questioning, an attorney can attend on your behalf. However, we recommend you attend the trial to appeal your enthusiasm to the judge. |
Application for Provisional Release from an Immigration Detention Center
Resolution
If you would like to submit application for provisional release, we are able to offer advice about it.
We are also able to submit the application on your behalf with our opinion paper.
Information
The average duration to receive the provisional release permission has increased, and you should continue applying multiple times until permission is granted.
Our Service
We will endeavour to find a reason for you to be released. We will contact your family and guarantor to collect required documents, and submit the application with the opinion paper. If you have a valid reason such as illness, the possibility of the provisional release may increase.
Frequent Q&A
Q. |
How long does it take to receive the result for each application? |
|---|---|
A. |
It takes about 1 or 2 months. |
Staring up a Business in Japan
Resolutions
You can start up a business in Japan even though you are an International resident. You can engage in almost any area of business, although there are some restrictions for International investors. You must prepare the documents required by law, for example the articles of incorporation in Japanese, therefore it is highly recommended to hire a lawyer and have a consultation.
If you would like to acquire a business manager visa for starting up a business in Japan, you must apply for changing your visa status at an immigration office. If you hire a lawyer, you will be able to avoid unnecessary trouble and delay.
Information
You can design organizations freely, for example the number of directors, board of directors, types of stocks, and so forth, according to Japanese corporate law. You can choose whether each shareholder selects directors depending on the number of shares, the major shareholder chooses all directors, or you can also give veto to some shareholders or directors.
If you are thinking of acquiring a business manager visa for starting up a business, you must rent an office and submit a business plan to the immigration office. The business plan should include an expense for more than 5 million yen each year. The immigration office usually asks about feasibility.
Our Service
We will create a framework of organization according to your business plan, type of business, or any other requests. After that, we will make the articles of incorporation to finalize your requests. We collaborate with an experienced judicial scrivener (Shihou Shoshi) to perform the registration process. If you wish to acquire a business manager visa, we will make a business plan according to your requests. You can rely on us even if the immigration office gives you supplementary questions with a tight deadline.
Frequent Q&A
Q. |
Can I start up a business by myself? |
|---|---|
A. |
You can start up by yourself in Japan. One shareholder and one director is enough. |
Q. |
How much money do I need for a capital find? |
|---|---|
A. |
You can start up with only one (1) yen. However, if you would like to acquire a business manager visa, we recommend you start up a company with at least 5 million yen of capital funds. |
Q. |
Can I start up a business in Japan even though I am living outside Japan? |
|---|---|
A. |
The best way is that you come to Japan for the procedure, but you can also start up even when you are outside of Japan. We would be happy to assist in these matters via a consultation. |