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EBiNA Gyoseishoshi office provides appropriate legal advice on matters such as visa, naturalization, incorporation, pharmaceutical affairs law other law dedicated profession.

FAQ

Q.I would like to work in Japan

A.Foreign nationals who wish to work in Japan are required to obtain status of residence which allow them to work and obtain income.
There are two types of classifications for allowing foreign nationals to work.

○Status of residence authorized due to social statuses or positions (e.g. permanent resident, spouse of a Japanese national, spouse of a permanent resident, long-term visitor.)
○Status of residence authorized due to activities they engage in such as Investor/Operation or Management, and others.

Status of residence authorized due to their social statuses or positions have no limits of whatever work they engage in. However there are limits for status of residence authorized due to their activities.
There is also a status of residence which allows to engage in part time job. This can be grantted by obtaining permit of engaging in activities other than that permitted under the status of residence previously granted.

Q.I would like to set up a company in Japan.

A.There are various types of operations when foreign nationals wish to start business in japan. For same examples, establishing a Japanese company, a branch office of foreign company or others. Even if you decide to establish a joint stock company, there are suitable ways depending on the degree of how much you are going to be concerned with the company.

○Who becomes the incorporator (investor)?
○Who becomes the director
○How to structure the company organization

As explained above, you must arrange necessary matters of companies and status of residence, because they relate to each other. This is to avoid a situation that you fail to obtain status of residence and become unable to run a company you even after its successful establishment.

For one common example, when a foreign national becomes a representative of a company, he/she will also be qualified for the status of residence needed for investing or managing a company. However, when a foreign national wishes to run the company he/she has established in Japan by his/herself, an investment of 5,000,000 yen is required. Thus, there will be a necessity to clear this condition.

Q.We both are foreign nationals but wish to marry in Japan

A.Procedures in Japan differ depending whether your marriage is legally formed in your home county or not.
If your marriage is legally formed in your home country, you submit a notification of marriage to a city officer with certificate of marriage from your country together with its Japanese translation.
If your marriage is not legally formed in your home country, it is available for you to form a marriage under a Japanese law by submitting a notification of marriage attached with documents from the authority of your home country and its translation. The document must certify that you are a person permitted to marry under your home country law and its translation when your marriage is not legally formed in your home country.Even in the case that certification could not be issued from your home country, there may still be a way to form a marriage with through a more complicated process.

Q.I would like to call my child from my home country

A.Foreign nationals intending to visit their family can enter Japan with a status of residence as Temporary Visitor. In this case, their period of stay will be within 90 days.
It should be noted that holders of status of residence as temporary visitor are not allowed to work.
Foreign nationals having passport issued by a country having agreement visa exemption with Japan may be able to stay in Japan for the duration (terms) an immigration officer determines.
There are two ways to call his/her child from his/her country depending on what kind of status of residence a foreign national is holding.


○If a foreign national wishing to call their children is a holder of status of residence authorized due to their activities, status of residence for their children would be Dependent.
○If a foreign national wishing to call their children is a holder of status of residence authorized due to their social status or position, status of residence for their children would be Long-term resident.

Q.I am an overstayer, but I wish to stay in Japan

A.Immigration Bureau Ministry of Justice displays (shows) guideline on special permission to stay in Japan for overstaying foreign nationals. There are examples of cases in which special permission are granted through the process of deportation procedures.

Q.I am an overstayer and wish to go back to my home county

A.There is a system called Departure Orders. Foreign nationals who are overstayer but meet certain conditions may be considered subjective to this Departure Order and may be able to depart Japan through easier procedures without being taken into custody. Foreign nationals deported from Japan are forbidden to enter Japan for certain a period of time. However if they voluntarily appear to Immigration Bureau and are considered subjective to the Departure Order, they can reenter japan after one year from the date of deportation.

Q.I would like to call my husband back in Japan who has been deported.

A.Foreign nationals who have been deported from Japan are forbidden to enter Japan during denial period of landing. If his deportation is his first time, and provided that he has not committed any crimes, the denial period of landing would be 5 years from the date of deportation. There are also special cases of denial system for landing in Japan in certain cases.


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EBiNA Administrative Lawyer Office

EBiNA行政書士事務所 VISA・帰化・外国人の法人設立等法律専門職による安心サポート

Westpoint. T Building 2F
5-21-1 Iriya, Zama-shi Kanagawa
252-0024 JAPAN

TEL 046-256-2525
FAX 046-256-2515