Consultation for Visa

Is it possible to invite my elderly father living alone in my original country as my dependent to Japan?

Although no formal announcement has been made, it appears that Immigration has abolished the guidelines for granting a Designated Activities status for the purpose of supporting an elderly parent. As a result, it has become extremely difficult to bring your elderly father to Japan and have him live with you. Our firm has handled cases challenging these immigration decisions in court. Unfortunately, however, we have not yet obtained favorable results in such cases.

I want to invite my family member, but she has overstayed in Japan before. Is it possible to invite her?

People who have been deported from Japan are generally 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 during the restriction period. We will support you with acquiring special permission.

How long does it take to receive a result of certificate for eligibility?

The average duration for a result is approximately 1 month to 3 months.

Is it possible to take action to challenge the rejection of the issuance of a certificate of eligibility?

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 presents your position as strongly as possible.

Can I establish a company by myself?

Yes. In Japan, you can establish a company with only one shareholder. Also you can be a only one director.

Can I establish a company in Japan while I remain abroad?

It is generally easier to complete the necessary procedures if you come to Japan. However, it is also possible to establish a company in Japan while remaining abroad.

I am living outside Japan and do not have a bank account in Japan. How can I invest capital in a new company?

As a general rule, the bank account to which the capital is transferred has to belong to a incorporator or a founding director. For this reason, in the past it was common to ask a person residing in Japan to hold a small share in the company and act as a co-founder in order to use that person’s bank account.

However, under current practice, if none of the incorporator or founding directors reside in Japan, it is possible, as an exception, to use a third party’s bank account by issuing a power of attorney. Nagoya International Law Office can also provide a bank account to which the capital may be transferred.

What is the difference between a stock company (Kabushiki Kaisha, K.K.) and a limited liability company (Godo Kaisha, G.K.)?

There are several differences, but the most significant one is that in a K.K., shareholders and directors may be different individuals, whereas in a G.K., the investors and executive members have to generally be the same persons.

If you establish a company on your own, you will be both the sole investor and the officer, so there is little practical difference between a K.K. and a G.K. However, if you establish a company with two or more investors and only some of them will serve as officers and manage the company, the company should be structured as a K.K.

The registration cost for a G.K. is approximately half that of a K.K.

Can an Engineer / Specialist in Humanities / International Services visa holder satisfy the full-time employee requirement?

If you do not employ a Japanese national as a full-time employee, you must employ a foreign resident in Japan who holds a status-based residence status, such as Permanent Resident, Spouse of a Japanese National, Spouse of a Permanent Resident, or Long-Term Resident.

Holders of work-related statuses of residence, such as Engineer / Specialist in Humanities / International Services, Specified Skilled Worker (SSW), or Technical Intern Training, do not satisfy the full-time employment requirement. However, such work-visa holders may be employed as second or subsequent employees.

Do I need to take a Japanese language exam to satisfy the “Japanese language proficiency” requirement?

Taking the Japanese Language Proficiency Test (JLPT) is not mandatory in order to satisfy the Japanese language proficiency requirement. If you have passed JLPT Level N2, you are deemed to meet this requirement.

In addition, you are also considered to satisfy the Japanese language proficiency requirement if you have lived in Japan for more than 20 years, graduated from a university in Japan, or completed compulsory education (elementary school and junior high school) and high school in Japan.

Can I obtain a Start-up visa to prepare my business in Japan before applying directly for a Business Manager visa?

The “Start-up visa” is a type of Specified Activities visa that allows foreign nationals to prepare a business in Japan. This program is designed to attract talented entrepreneurs.

To obtain a Start-up visa, an applicant has to first obtain a “Certificate of Confirmation for Business Startup Preparation Activities” from a designated support organization, typically a local government. Eligible business fields vary depending on the support organization. For example, in Aichi Prefecture, the supported fields include the information technology industry and innovative technology or service.

Once the “Certificate of Confirmation for Business Startup Preparation Activities” is issued, the applicant may apply for a Designated Activities visa for a period of six months or one year. This visa may be extended up to a maximum of two years. During the Start-up visa period, the visa holder must change his or her status of residence to a Business Manager visa.

I have held a Business Manager visa since before the requirements became stricter. Can I renew my status of residence under the previous requirements?

Until October 16, 2028, it may be possible to renew your status of residence even if you do not yet satisfy the new requirements, provided that your business is stable and you are reasonably expected to meet the new requirements in the future.

However, the Immigration Office has announced that renewals will not be permitted if the visa holder fails to meet the new requirements after October 16 2028. Therefore, you should take steps such as increasing the capital to 30 million yen and employing at least one full-time employee with sufficient Japanese language proficiency within the next three years.

Nagoya International Law Office can assist you in meeting the new requirements for the Business Manager visa.

If I am overstaying and appear to an Immigration Office voluntarily, will I be detained?

The immigration basically does not detain you, if you voluntarily appear to the Immigration Office to declare you are overstaying.

If I am overstaying and appear to an Immigration Office voluntarily, will I be deported from Japan?

If you offer to leave voluntarily, you will not be deported. You can leave Japan on your own and the restriction period to re-enter Japan will be only one year.

I am overstaying but marry a Japanese citizen and appear to an Immigration Office voluntarily to stay in Japan. Will I be deported from Japan?

You will be provided a chance to get special permission to stay in Japan depending on your situation. If you plan to marry a Japanese, a permanent resident or a long-term resident, we strongly recommend that you appear at the Immigration Office even before marriage. If you do not do so, there is a risk you will be arrested while you are waiting for marriage. As mentioned above, you will not be detained if you appear to the Immigration Office voluntarily even before marriage.

How can I obtain Special Permission?

Prior to June 2024, Special Permission was granted ex officio by the Minister of Justice. However, currently, foreign nationals have to apply for Special Permission during deportation process. In practice, immigration officials often encourage to submit an application in the deportation proceedings.

However, there is one particularly important point to keep in mind: even if you apply for Special Permission, you should not waive your right to an oral hearing. The oral hearing is the only opportunity to personally explain the reasons why you should be granted Special Permission with your family members and/or attorney. In practice, immigration officials may encourage applicants to waive the oral hearing, on the grounds that “an oral hearing is unnecessary if you have applied for Special Permission.” We believe that this is an unreasonable approach. We strongly recommend that you do not waive your right to an oral hearing.

I am overstaying and plan to marry a Japanese, but I was arrested by the police before marriage. Will I be deported from Japan?

It depends on your situation, but this case is much more difficult to get special permission than a voluntary appearance case. Nowadays, the Immigration Office is much stricter than before. So you should consult with a lawyer if you are in this situation, to be guided on the best way to proceed.

How long does it take to receive a result of the trial for the revocation of the deportation order?

It depends on the factors of each case, but normally it approximately takes a year. If you appeal that initial decision (if it is unfavorable) to a High Court, it approximately takes 6 months.

Can I file a case to the court at any time?

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.

If I marry a Japanese after I get the deportation order, will I be able to get special permission?

Nowadays, the Immigration Office is quite strict and barely gives special permission in these circumstances. However, the Immigration Office may give you permission to shorten your restriction period to enter Japan. If you are given this permission and leave Japan, you can enter Japan after one year, instead of 5 years. The conditions to get permission to shorten your restriction period are complicated. We recommend you consult an expert attorney.

I have a criminal record and the Immigration Office has started deportation procedure. Will I have a chance to get special permission?

It depends on your crime and other situations such as your residential history in Japan, for example, if you were educated in Japan and your family relations, such as with your wife and children etc. We strongly recommend you consult an expert attorney before you are given a deportation order or, if you are given a deportation order, as soon as possible.

Can I get provisional release from immigration detention center during deportation procedure?

Provisional release will be permitted only with reasons such as illness or humanitarian reason. You have to apply "Supervision Measures (Kanri-Sochi)" instead of provisional release. If you are granted Supervision Measures, you will be released from the immigration detention center. Unfortunately, it has recently been ruled that the Immigration Office will not allow an attorney to represent a detained person seeking Supervision Measures.

What are Supervision Measures (Kanri-Sochi)?

Supervision Measures (Kanri-Sochi) is an alternative measure to release a detained person from the immigration detention center instead of provisional release. The difference is that you have to appoint someone who will be responsible for supervising you. The supervisor must report your situation to the Immigration Office periodically. If the supervisor makes a false report, for example, in which you are not working even though you are actually working, the supervisor will be punished.

Will I be forcefully deported from Japan after I receive the deportation order?

There is a possibility you will be forcefully deported from Japan at any time. There have been numerous cases in which foreign nationals are suddenly detained on the date they are required to report to Immigration Office under supervision measures and deported the following day. In particular, the risk of detention and deportation becomes significantly higher if six months have passed since the foreign national received a notice denying Special Permission and no action for revocation of that decision has been filed to the court. If you have received a decision denying Special Permission, it is therefore important to seek legal advice promptly and consider whether an action to revoke the decision should be filed before the six-month period expires.