Q: How Can a Foreign National in Japan Change Their Status of Residence, and What are the Key Considerations for Approval?

Japanese Attorney at Law - Bengoshi L.L.

• 7 min read

Foreign nationals residing in Japan may find their circumstances or intentions changing over time, necessitating a shift in their primary activities or civil status. When this occurs, it is often necessary to apply for a "Change of Status of Residence" (在留資格の変更 - zairyū shikaku no henkō) under Article 20 of Japan's Immigration Control and Refugee Recognition Act (ICRRA). This procedure allows a foreign national legally residing in Japan under one status of residence to obtain permission to engage in activities associated with a different status. Understanding this process, the criteria for approval, and specific rules, such as those for applicants on a "Temporary Visitor" status, is crucial for maintaining lawful residence.

The Japanese immigration system is predicated on the principle that foreign nationals reside and engage in activities in Japan based on a specific "status of residence" granted to them. If a foreign national wishes to undertake a new primary activity that is not covered by their current status (e.g., a student wishing to take up full-time employment after graduation, or an intra-company transferee moving to a different company as a locally hired employee), they must apply for and receive permission to change their status of residence.

Article 20, Paragraph 1 of the ICRRA provides the legal basis:
"A foreign national who holds a status of residence may have his/her status of residence (including the period of stay associated therewith; hereinafter the same shall apply up to paragraph (3) and in the following Article) changed (including, for a person who holds the status of residence of Technical Intern Training (limited to those pertaining to (a) or (b) of item (ii) of the right-hand column under "Technical Intern Training" in Appended Table I(2)), a change of the Japanese public or private organization designated by the Minister of Justice, and for a person who holds the status of residence of Specified Activities, a change in the activities specifically designated by the Minister of Justice for the individual foreign national)."

This means that the concept of "change of status" also includes:

  • For certain "Technical Intern Training" statuses (specifically, stage (ii) (a) or (b)), a change in the designated accepting organization.
  • For "Specified Activities" status, a change in the specific activities individually designated by the Minister of Justice.

It's important to note that an application to change to "Permanent Resident" status is governed by a separate provision, Article 22 of the ICRRA, and not Article 20.

Historical Context

The ability to change status of residence was initially quite limited when the Immigration Control Order was first enacted. However, significant amendments in 1981 broadened this, allowing, in principle, for changes from most statuses, albeit with specific conditions like the strict rule for "Temporary Visitor" status holders that was introduced at that time. Further refinements, such as clarifying the inclusion of changes in designated activities for "Specified Activities" status (1989) and the introduction of the Residence Card system and special provisions for applicants during processing (2009), have shaped the current framework.

The Application Process (Article 20, Paragraph 2)

A foreign national wishing to change their status of residence must apply to the Minister of Justice. In practice, this application is submitted to a Regional Immigration Bureau. The application must be filed before the expiration of the current period of stay and ideally well in advance of the intended change in activity.

Key Considerations for Approval (Article 20, Paragraph 3)

The core requirement for approval of a change of status of residence is found in Article 20, Paragraph 3:
"In the event that an application set forth in the preceding paragraph has been submitted, the Minister of Justice may grant permission only when he/she finds that there are reasonable grounds to deem it appropriate to grant the change of status of residence based on the documents submitted by said foreign national. However, with regard to an application from a person residing under the status of residence of "Temporary Visitor," the Minister of Justice shall not grant permission unless said application is based on compelling and unavoidable special circumstances."

1. "Reasonable Grounds to Deem it Appropriate" (相当の理由 - sōtō no riyū)

This is the general standard for most applications for change of status. The determination of "reasonable grounds" is at the broad discretion of the Minister of Justice (or the delegated regional immigration authorities). Several factors are considered in this comprehensive judgment:

  • Eligibility for the New Status (在留資格該当性 - zairyū shikaku gaitōsei): This is a fundamental prerequisite. The applicant's intended new activities must genuinely correspond to the definition and scope of the desired new status of residence. For instance, if changing to a "Skilled Labor" status, the applicant must possess the requisite skills and intend to engage in work requiring those skills.
  • Compliance with Landing Permission Standards (上陸許可基準 - jōriku kyoka kijun): While the Landing Permission Standards (criteria set by Ministry of Justice Ordinance for certain statuses upon initial entry) are not direct legal requirements for a change of status application, they are often considered important factors in assessing the "appropriateness" of the change. If an applicant would meet these standards as if they were applying for initial entry under the new status, it generally strengthens their application.
  • Applicant's Past Conduct and Residency History (素行 - sokō): The applicant's immigration history, compliance with Japanese laws (including tax obligations and notification duties under the ICRRA), criminal record (if any), and general conduct during their stay in Japan are scrutinized.
  • Ability to Maintain a Livelihood (独立生計能力 - dokuritsu seikei nōryoku): The applicant must demonstrate that they can support themselves financially under the new status of residence, without becoming a public burden.
  • Terms and Conditions of Employment (for work statuses): If changing to a work-related status, the proposed employment terms (salary, working hours, etc.) must be appropriate and comply with Japanese labor laws.
  • Consistency with Immigration Policy: The proposed change should align with Japan's broader immigration policies and national interests.

The "Guidelines for Application for Change of Status of Residence and Extension of Period of Stay" (在留資格の変更、在留期間の更新許可のガイドライン), first published by the Immigration Services Agency in 2008 and subsequently revised, provide more detailed insight into these considerations. These guidelines list factors such as eligibility for the status, adherence to landing permission standards (as a general rule), good conduct, financial stability, proper employment conditions, fulfillment of tax obligations, and compliance with ICRRA notification duties as key assessment points.

2. "Documents Submitted by the Foreign National"

The law specifies that the decision is made based on documents submitted by the applicant. This underscores the applicant's responsibility to provide comprehensive and accurate documentation to support their claim that a change of status is appropriate. While immigration authorities can conduct their own investigations (under Article 59-2 of the ICRRA), the primary onus is on the applicant to make their case through the submitted materials.

3. Special Rule for "Temporary Visitor" Status (短期滞在からの変更)

A significantly stricter standard applies to foreign nationals wishing to change from a "Temporary Visitor" status to another, typically longer-term, status. The Minister of Justice "shall not grant permission unless said application is based on compelling and unavoidable special circumstances" (やむを得ない特別の事情に基づくものでなければ許可しない - yamuを得ない tokubetsu no jijō ni motozuku mono de nakereba kyoka shinai).

This strict rule exists because the "Temporary Visitor" status is granted for short-term purposes like tourism or brief business trips, with a general expectation that the individual will depart Japan within the permitted period. Allowing easy changes to long-term statuses could undermine the integrity of the visa and landing examination processes designed for those statuses.

"Compelling and unavoidable special circumstances" are interpreted very narrowly. They generally refer to unforeseen, serious events that occur after the foreign national has entered Japan as a temporary visitor, which make it impossible or extremely difficult for them to depart and re-apply for a different visa from abroad. Examples might include:

  • A sudden, critical medical emergency requiring extended treatment in Japan.
  • Marriage to a Japanese national or permanent resident occurring genuinely and unexpectedly during the temporary stay (though even this is heavily scrutinized to rule out marriages of convenience).
  • Being a victim of a serious crime or disaster in Japan that prevents departure.

Simply wishing to work or study in Japan after entering as a tourist would almost never meet this high threshold. The Tokyo District Court judgment of October 31, 2007 (Heisei 18 (Gyo U) No. 113) is one example where the court upheld the denial of a change from "Temporary Visitor," emphasizing the restrictive nature of this rule.

Action upon Approval and Effect of Permission (Article 20, Paragraph 4)

If the Minister of Justice grants the permission to change status of residence, specific measures are taken, and the permission takes effect at a defined point:

  1. If the foreign national will be or continue to be a medium to long-term resident: An immigration inspector will issue a new Residence Card to the foreign national.
  2. In other cases (i.e., not becoming/remaining a medium to long-term resident), if the foreign national possesses a passport: An immigration inspector will endorse the new status of residence and period of stay in the foreign national's passport.
  3. In other cases, if the foreign national does not possess a passport: An immigration inspector will either issue a Certificate of Status of Residence (在留資格証明書 - zairyū shikaku shōmeisho) detailing the new status and period of stay, or endorse this information on an existing Certificate of Status of Residence.

The permission for the change of status of residence becomes effective at the time the new Residence Card is issued, or when the endorsement is made in the passport or Certificate of Status of Residence, with the content stated therein.

Status During Application Processing (Article 20, Paragraph 5)

A crucial provision, added in 2009, addresses the applicant's legal status if their current period of stay expires while their application for change of status is still pending. Article 20, Paragraph 5 provides that if an application for change of status has been filed (excluding by those with a period of stay of 30 days or less) and a decision is not made by the expiration date of the current period of stay, the foreign national may continue to reside in Japan under their current status of residence until the date a decision on the application is made, or until two months have passed from the original expiration date, whichever is earlier.

This "grace period" prevents the applicant from immediately falling into an illegal overstay situation while awaiting a decision, providing a period of lawful residence. Prior to this amendment, applicants whose period of stay expired during processing could technically be considered overstayers, creating legal instability.

Consequences of Unauthorized Change of Activities

If a foreign national engages in activities that fall under a different status of residence without obtaining permission to change their status, especially if these are remunerative activities not permitted by their current status, they can face severe consequences:

  • Deportation: If found to be "exclusively engaging" in unauthorized work, it becomes a ground for deportation (Article 24, Item 4(a)).
  • Penal Provisions: Penalties can include imprisonment or fines (Articles 70 and 73).

Conclusion

Changing one's status of residence in Japan is a formal legal process that allows foreign nationals to adapt their primary activities or civil status while maintaining lawful residence. The core requirement is demonstrating "reasonable grounds to deem it appropriate to grant the change," which involves a comprehensive assessment by the immigration authorities. The bar is set exceptionally high for those on a "Temporary Visitor" status. The introduction of a grace period during application processing has provided much-needed stability for applicants. Given the complexities and the discretionary nature of the decision, careful preparation of the application, a clear understanding of the eligibility for the desired new status, and adherence to all procedural requirements are paramount for a successful outcome.