Today, we would like to introduce and explain the popular methods of immigration to Japan.
As there is such television program in which interviews and coheres are made to those aliens, on their arrivals at the Japanese airports, who have just arrived in Japan, asking them the reasons why they have come to Japan, those aliens as coming to Japan have increased for these years.
There are cases where such aliens as traveling the world make their temporary visits to Japan and the other cases where they are deriving their income as their vocations in Japan. I end up thinking one thing or another, how exactly these aliens are living and for what purposes these aliens are living ? What we can say that one of the reasons why the aliens come to Japan is easiness to live in Tokyo.
Oh, dear ! Tokyo has become and is Number One as ”The Town Where I Want To Live Most In The World”. And consequently, many aliens have migrated to Japan for these years. Today, let me introduce and explain the ways and etc. for aliens to migrate to Japan as follows:
1．Status or eligibility for an alien to stay in Japan
In order for alien to stay in Japan, it is necessary for him/her to have an immigration status. Currently there are 27 kinds of such immigration statuses, and he/she is supposed to have one immigration status as minimum without fail.
The Immigration Control and Refugee Recognition Act is called Immigration Control Act for short.
The 27 kinds of such immigration statuses as set forth in Immigration Control Act can be broadly classified into the Immigration Ｓtatus whose purpose is for working activity, the Ｉmmigration Ｓtatus whose purpose is for doing the activities other than working, and the Ｉmmigration Ｓtatus based upon personal status or position.
(1)The immigration Status whose purpose is for working activity
In the Ｉmmigration Status whose purpose is for working activity, there are engineering, entertainment business, specialist in humanities and international service, intra-company transferee, technical skill, business management（investment management）, legal / accounting service, medical care, research, education, diplomacy, government business, teaching, art, religion, press and etc.
(2)The Immigration Status whose purpose is for doing the activities other than working
In the Ｉmmigration Status whose purpose is for doing the activities other than working, there are short term stay and study abroad, attending school, training, cultural activity, family stay, and specified activity.
(3)The Immigration Status based upon personal status or position
In the Immigration Status based upon personal status or position, there are spouse to a Japanese and etc., permanent resident, spouse to a permanent resident and etc., and long term resident.
2. What does “long term resident” mean ? What does “permanent resident” mean?
Now, I would like to dig the matter down a little bit and step into what the long term resident means ? and what the permanent resident means?
The long term residence is such as Minister of Justice gives the right of permanent residence to such alien who plans to stay in Japan, and the right of permanent residence is such special favor which permits an alien to permanently reside in Japan without having his/her home country nationality. However, there are some exceptions and/or limitations made to such special favor, for example, voting rights, finding employment to any public institutions and etc. are excluded from such special favor.
Roughly and broadly classifying, ①those general permanent residents who are permitted to permanently reside if having satisfied certain requirements, and ② those who acquired their respective immigration status under “Special Act on the Immigration Control of, Inter Alia, Those who have Lost Japanese Nationality Pursuant to the Treaty of Peace with Japan” of 1991 and etc. are permitted and able to permanently reside in Japan.
Basically,most cases are such that aliens have come to Japan for such main purposes as explained in the above-mentioned immigration status and are permitted to stay for a certain period, and in case when they stay permanently or for a long term, they basically do the same by means of acquiring their right of permanent stay.
It is very hard to understand the difference between the long term resident and the permanent resident, and the merits expected from each of them are quite identical, but only one point of such differences is the fact that a requisite for a certain period of stay shall be satisfied in case of the long term resident.
3. Way for the immigration to Japan by Marriage
Now, it is said that the most popular and common way for an alien to immigrate to Japan is the way by marriage. In this case, it is the result that the immigration status is to fall under the Category of “The spouse of a Japanese based upon the personal status or position and etc.”.
For example, in the case of an alien spouse who wishes to enter Japan and has a plan to stay for a long term and a Japanese spouse staying in Japan, it is the result that such an alien, as has the immigration status of a Japanese’s spouse and etc. by and through the marriage and etc. applies for the issuance and delivery of his/her visa through his/her Japanese spouse.
As another example, the pattern that an alien sumo wrestler who has come to Japan wishing to play sumo gets married with a Japanese lady (and has become naturalized as a Japanese) and acquires the Japanese nationality is quite exemplary and understandable, isn’t it ?
In the case when the Japanese spouse receives the alien spouse into Japan, the Japanese spouse shall obtain the certificate of eligibility in Japan side in advance, and send it to the alien spouse. This certificate, if presented, will carry smoothly the procedure of issuing the visa for the long term stay in Japan processed by the competent overseas embassy. And also, it will expedite the landing examination to be done in Japan at the time when said alien spouse came to Japan.
The application for the issuance and delivery of the certificate of eligibility shall be made at the competent Regional Immigration Bureau having the jurisdiction over the domicile of the Japanese spouse, and it is expected that it takes from 1 month to 3 months approx. to go through the application therefor up to the delivery thereof.
If and at the time when the spouse, who has come to Japan, successfully passed the landing examination, the indicium of the landing permit is sealed on the passport of said spouse and the immigration status describing the spouse of a Japanese and the maximum period of his/her stay will be indicated and then the entry procedure will get completed.
And please be sure that, since the certificate of eligibility is not the certificate of any entry permit, if and when any change of circumstances occurred before the time of entry, there may be such cases where no visa will be issued or where the entry will be denied at the time of entry examination.
As mentioned above, in order for any alien to stay in Japan, it is necessary for him/her to have an immigration status, and the most popular way for any alien to immigrate to Japan is said to be the immigration by and for the marriage.
4. Acquiring the right of permanent residence by and through continuous employment in Japan
On the other hand, there are many aliens who wish to search for their way to immigrate to Japan for any other purpose than the marriage. In such case, I think it would be necessary for them to acquire any immigration status, maintain it and to apply for the right for the permanent residence. And there are such aliens who include their naturalization to Japan in their way of thinking.
Speaking of the immigration statuses, they are what have been classified with respect to the requisites for any aliens to enter into Japan and the activities for them to be able to perform in Japan, and currently there are 27 kinds of immigration statuses.
First of all, it is necessary for any alien to deeply consider what he/she can do. On such occasion, his/her own educational background, work experience and etc. are important.
For example, diplomatic work or job, government business, school teacher （professor level）, art related profession, religion activity, journalist, work or job for business management or investment management etc., judicial affairs related job, medical care practitioner, research institution, education、various kinds of engineers, transfer within any globally-expanding enterprise, Japan-visit performance such as concert and etc., special technical skill and etc., etc.
After all, the case where the stay is made for any work or job is in the majority, and the absolute number of cases where the aliens receive their work visa and work is big and many. Looking at this situation, although it is true that no visas shall be issued and delivered unless applied for in such sense that, as a procedure, the enterprise which will employ the aliens will receive such aliens as workers, I think that this process is similar in terms that they are required to renew their visas and acquire the permanent visas for their immigration.
5. Regarding the immigration status by business management（or investment management）
As for the immigration status for the business management （or investment management） I would like to introduce and explain the same separately, for the purpose of this immigration status, it will be required that to incorporate a company with the capital of 5 million yen or more and apply for the immigration status together with the business plan. And further it is necessary for you to keep renewing such immigration status.
Since the prices of commodities in Japan, especially the level of commodity prices in Tokyo are not less expensive compared with those in foreign countries, where the immigration is concerned, in reality, there are many cases where wealthy people are playing the central actor, in such cases, it is getting to be an orthodox method to operate 1 company in Japan.
6. Regarding Illegal Stay and Overstay
Unfortunately, there are such cases where an alien, right after having acquired afore-mentioned immigration status, keeping holding such immigration status unchanged, goes missing; and those who have come to Japan for short term employment are over-staying; and further the case where such organizations as contribute the above mentioned missing and/or over-staying are active behind the scene; and the case where some enterprises are utilizing, as their work force, knowing that such people are over-staying are seen here and there.
7. Regarding other legal institutions and etc.
Though the fact is not relating to Japan, depending upon the ages, these are cases where some countries, just like as Brazil, encourage migration and the immigrants will keep staying as permanent residents. In the reaction against such cases, on the contrary, there are such cases where such permits as enabling the Brazilian immigrants to work in Japan are granted.
Further, in recent years, some special projects, being recommended by some Japanese educational institution, are being implemented in the government-led manner due to the shortfall in human resources in the field of the medical care for the purpose of supplementing the work force in Japan, in accordance with which the trainees from Indonesia and etc. are being accepted and employed under the pretext of “training” for a short term .
It can be said that these policies are also playing a window function role leading to the immigration to Japan.
8. Summary of the immigration to Japan
Now, I had the privilege of introducing and explaining to you that in order for any alien to stay in and immigrate to Japan, he/she shall have to have at least any one of the 27 kinds of immigration statuses without fail first of all, and further that, in case of the marriage, his/her immigration status falls into the Category of ”the spouse of a Japanese and etc. based upon personal status or position”.
At the time when applying for his/her visa for a long term stay, the alien immigrant shall advance the procedure in accordance with the prescribed method. As for such procedure, it can be said that, as I told you, it is the shortest way for you to consult with a trustworthy professional in any case, taking the complexity of said procedure into your consideration.
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