Securing landing permission in Japan involves satisfying a set of stringent "conditions for landing" (上陸のための条件 - jōriku no tame no jōken) as stipulated by the Immigration Control and Refugee Recognition Act (ICRRA). Among these, Article 7, Paragraph 1, Item 2 is particularly crucial as it encompasses not only the genuineness of the intended activities and their eligibility for a specific status of residence but also, for many statuses, adherence to additional "landing permission standards" or "criteria" (上陸許可基準 - jōriku kyoka kijun) set forth in a Ministry of Justice Ordinance. This article delves into these multifaceted requirements, explaining their purpose, scope, and impact on foreign nationals seeking to enter Japan.

Overview of Landing Conditions: The Central Role of Article 7, Paragraph 1, Item 2

When a foreign national applies for landing permission under Article 6, Paragraph 2 of the ICRRA, an immigration inspector must examine whether the applicant meets several conditions outlined in Article 7, Paragraph 1. While all conditions are important (such as possessing a valid passport/visa and not falling under grounds for denial of landing), Item 2 focuses on the substantive justification for the foreign national's proposed stay in Japan. It comprises three core elements for most new entrants:

1. Non-falsity of intended activities: The activities the applicant intends to engage in in Japan must not be false.
2. Eligibility for a status of residence: These activities must genuinely correspond to a recognized status of residence.
3. Compliance with landing permission standards (for certain statuses): For specific statuses of residence, the applicant must also meet criteria established by a Ministry of Justice Ordinance, commonly known as the "Landing Permission Standards" (基準省令 - Kijun Shōrei).

Let's explore each of these in detail.

1. Non-Falsity of Intended Activities (活動の真正性)

The first requirement under Article 7, Paragraph 1, Item 2 is that "the activities to be engaged in by the foreign national in Japan pertaining to the application are not false" (申請に係る本邦において行おうとする活動が虚偽のものでなく - shinsei ni kakaru honpō ni oite okonaō to suru katsudō ga kyogi no mono de naku).

This "non-falsity" has a dual meaning:

• Subjective Intent: The activities stated in the application must genuinely reflect the applicant's true intentions. There should be no misrepresentation or deception regarding what the applicant plans to do in Japan.
• Objective Feasibility: Beyond mere intent, the stated activities must also be objectively achievable and sustainable for the applicant during their proposed period of stay. An application detailing activities that are practically impossible for the applicant to undertake, even if subjectively intended, could be considered "false" in this objective sense.

This element ensures that the basis of the application is truthful and grounded in reality.

2. Eligibility for a Status of Residence (在留資格該当性)

The second core element is that the intended activities (or civil status/position) must qualify for one of the statuses of residence defined in Appended Table I or Appended Table II of the ICRRA. This is known as "eligibility for status of residence" (在留資格該当性 - zairyū shikaku gaitōsei).

• Activities Corresponding to Statuses: Foreign nationals must demonstrate that their primary intended activity in Japan falls within the scope of activities permitted under a specific status of residence. For example, an applicant wishing to work as an IT engineer must show their proposed employment and duties align with the "Engineer/Specialist in Humanities/International Services" status.
• Legality of Activities: The activities themselves, and the conditions under which they will be performed, must be lawful. Activities that, even if formally fitting a status description, involve violations of Japanese law (e.g., labor laws, minimum wage laws) would not satisfy this eligibility requirement.
• Principle of Primary Activity: If a foreign national intends to engage in multiple activities, the eligibility is judged based on the principal activity that forms the main purpose of their stay in Japan[cite: 1, 85]. Other secondary remunerative activities would generally require separate permission (Permission to Engage in Activity Other Than That Permitted under the Status of Residence Previously Granted, Article 19).
• Special Considerations for "Specified Activities" and "Long-Term Resident": For the "Specified Activities" (特定活動 - tokutei katsudō) status (involving activities designated by the Minister of Justice for individual foreign nationals, specifically sub-item (b) of item (v) of Appended Table I, which refers to activities designated by public notice) and the "Long-Term Resident" (定住者 - teijūsha) status, the eligibility is tied to activities or statuses specifically designated by the Minister of Justice in a public notice (告示 - kokuji)[cite: 1, 82, 87].
• Exclusions: The status of "Permanent Resident" (永住者 - eijūsha) is explicitly excluded from this initial landing eligibility assessment under Item 2, as it is typically acquired after a period of residence in Japan. Similarly, certain sub-categories of "Technical Intern Training" (技能実習 - ginō jisshū) (specifically, the second stage, No. 2 activities) are also excluded from initial landing eligibility under this item, as they presuppose completion of the first stage[cite: 1, 82].

3. Landing Permission Standards (上陸許可基準 - Jōriku Kyoka Kijun)

For certain categories of statuses of residence, merely demonstrating "eligibility for status of residence" is not sufficient. Article 7, Paragraph 1, Item 2 further requires that the applicant "complies with the criteria prescribed by an Ordinance of the Ministry of Justice, taking into consideration, inter alia, the impact on Japanese industry and public life" (我が国の産業及び国民生活に与える影響その他の事情を勘案して法務省令で定める基準に適合すること).

These criteria are detailed in the "Ministerial Ordinance to Provide for Criteria Pursuant to Article 7, Paragraph 1, Item (ii) of the Immigration Control and Refugee Recognition Act" (Heisei 2 Ministry of Justice Ordinance No. 16), commonly referred to as the "Landing Permission Standards Ordinance" (基準省令 - Kijun Shōrei).

Purpose and Background

The system of Landing Permission Standards was introduced by the 1989 amendments to the ICRRA. Its main objectives were:

• Enhancing Transparency and Fairness: By explicitly publishing the criteria, the decision-making process for landing permission becomes more transparent and predictable for applicants.
• Policy-Based Adjustment of Immigration: To enable the government to make qualitative and quantitative adjustments to the entry of foreign nationals based on Japan's prevailing economic and social conditions. The standards are designed to consider the potential impact on Japanese industry and the lives of its citizens.

These standards effectively act as an additional layer of screening, sometimes referred to as assessing the "appropriateness" (相当性 - sōtōsei) of granting landing permission, beyond the basic eligibility for a status of residence[cite: 1, 88].

Scope of Application

The Landing Permission Standards are not applied to all statuses of residence. They are primarily applicable to statuses listed in:

• Appended Table I (2): This table includes many common work-related statuses such as "Engineer/Specialist in Humanities/International Services," "Intra-company Transferee," "Skilled Labor," and "Business Manager."
• Appended Table I (4): This table includes statuses like "Student," "Trainee," and "Dependent."
• Appended Table I (5) (b): This refers to "Specified Activities" designated by the Minister of Justice via public notice for which specific standards may be set.

The rationale for applying these standards to these particular categories is that these are the statuses where the government perceives a need for policy-based adjustments concerning the quality and quantity of incoming foreign nationals.

Content of the Standards

The Landing Permission Standards Ordinance details specific criteria for each applicable status of residence. These criteria can be quite detailed and may relate to:

• The applicant's educational background, professional experience, and qualifications.
• The nature, scale, and stability of the accepting organization or business in Japan.
• The terms of employment, including salary and working conditions (to ensure they are comparable to those for Japanese nationals and prevent exploitation).
• The applicant's ability to support themselves financially.
• For "Student" status, the educational institution's suitability and the applicant's genuine intent to study.
• For "Dependent" status, the principal visa holder's ability to support their dependents.

For example, for the "Business Manager" status, the standards may require evidence of a certain level of investment, the existence of a physical office space, and a credible business plan. For "Engineer/Specialist in Humanities/International Services," criteria often relate to academic qualifications relevant to the proposed job or a certain number of years of practical experience.

Process for Establishing the Standards

Article 7, Paragraph 3 of the ICRRA mandates that when the Minister of Justice intends to establish or amend the Landing Permission Standards Ordinance, they must first consult with the heads of relevant administrative organs[cite: 1, 93]. This ensures that the standards reflect a coordinated governmental approach, taking into account the perspectives of various ministries involved in areas like labor, industry, education, and foreign affairs.

4. Burden of Proof and the Certificate of Eligibility

Article 7, Paragraph 2 of the ICRRA places the burden of proof squarely on the foreign national applying for landing. The applicant must themselves prove that they meet the conditions for landing set forth in Paragraph 1 of the article[cite: 1, 91]. This is not merely a passive requirement; applicants are expected to actively present evidence and make their case. Given that many facts relevant to the application (e.g., past experience, intended activities, financial capacity) are within the applicant's knowledge or control, this allocation of burden is considered reasonable.

To facilitate this process and provide greater certainty to applicants before they travel to Japan, the ICRRA provides for a Certificate of Eligibility (COE) (在留資格認定証明書 - zairyū shikaku nintei shōmeisho) under Article 7-2. A COE is a document issued by the Minister of Justice (through regional immigration authorities in Japan) upon advance application, certifying that the foreign national conforms to the conditions set forth in Article 7, Paragraph 1, Item 2 (i.e., non-falsity of activities, eligibility for status of residence, and, where applicable, compliance with landing permission standards).

While obtaining a COE is generally optional (except for certain "Specified Activities" prior to a 2014 amendment), it significantly streamlines both the visa application process at a Japanese consulate and the landing examination upon arrival in Japan. Presenting a COE is strong evidence that the holder meets the substantive requirements of Item 2, though immigration inspectors still verify other conditions (e.g., passport validity, no new grounds for denial).

Practical Impact on Foreign Nationals

The combined requirements of non-falsity, status eligibility, and (for many) compliance with landing permission standards mean that:

• Thorough preparation is crucial: Applicants must meticulously prepare their documentation to demonstrate their qualifications, the genuineness of their purpose, and how they meet any specific criteria for their intended status.
• Subjectivity and Discretion: While the standards aim for transparency, some elements, such as assessing the "impact on Japanese industry and public life" or the "appropriateness" of an activity, inherently involve a degree of administrative discretion.
• Potential for Scrutiny: Immigration authorities will scrutinize applications to ensure that the intended activities are bona fide and that the applicant meets all relevant standards. This is particularly true for work-related statuses where ensuring fair labor practices and preventing unauthorized work are key concerns.
• Dynamic Nature of Standards: The Landing Permission Standards can be amended to reflect changes in Japan's economic situation or immigration policy. Applicants should always refer to the latest version of the standards.

Conclusion

The "Criteria for Landing Permission" or Landing Permission Standards, as part of the broader conditions outlined in Article 7, Paragraph 1, Item 2 of the ICRRA, form a critical gatekeeping mechanism in Japan's immigration system. They go beyond simply verifying the applicant's intended activity and its alignment with a status of residence, by imposing additional, often detailed, requirements for many statuses, particularly those related to work and study. These standards serve to ensure the transparency and fairness of the immigration process while allowing the Japanese government to manage the inflow of foreign nationals in a manner consistent with national interests, including the needs of its industries and the well-being of its society. For foreign nationals planning to enter Japan, a thorough understanding and diligent fulfillment of these criteria are essential for a successful landing application.