1. Whether There Is Reasonable Grounds to Grant a Change of Status of Residence
When a foreign national wishes to change from their currently permitted status of residence to a different one, an Application for Permission to Change Status of Residence must be submitted.
An important point to remember is that the Immigration Control and Refugee Recognition Act stipulates that “the Minister of Justice may grant permission only if the Minister of Justice finds there are reasonable grounds to grant the change of the status of residence.”
Unlike the issuance of a Certificate of Eligibility, which is in principle a non-discretionary administrative disposition, permission to change a status of residence is only granted at the discretion of the Minister of Justice, who determines whether such a reasonable ground exists.
The Immigration Services Agency (ISA) publishes lists of required documents for the applications. Based on these documents, ISA examines whether the applicant has really engaged in the activities permitted under the current status of residence, and whether the applicant possesses the necessary educational background, professional experience, or qualifications required for the activities to be undertaken under the new status. These are fundamental requirements that must, of course, be satisfied.
Beyond these basic conditions are fulfilled, ISA will assess whether there is a reasonable ground to grant the change. Key factors in this assessment include whether the applicant has demonstrated good conduct and behaviour, has always paid tax and social insurance premiums without fail, and has sufficient income or financial resources to support oneself. In essence, the question is whether the applicant has lived responsibly and in good faith as a member of Japanese society up to this day.
2. From Student to Engineer / Specialist in Humanities / International Services
The most common type of application for Permission to Change Status of Residence is a change from Student status to Engineer / Specialist in Humanities / International Services (Gi-jin-koku). This typically occurs when a foreign student graduates from a university or vocational school and remains in Japan to take up employment.
A particularly important point to note, especially for graduates of vocational schools, is that the field of study must be directly related to the actual job duties at the place of employment. For example, if a foreign national studied childcare at a vocational school and applies to work as a front desk clerk in a hotel, the application for a change of status of residence will almost certainly be denied.
3. From Dependent to Student
When a foreign national residing in Japan under a work-related status of residence, such as Engineer / Specialist in Humanities / International Services or Intra-company Transferee, brings family members from their home country, those family members are granted Dependent status of residence.
After several years, when the foreign national’s employment in Japan comes to an end and has to return to the home country, his/her family members are also required to leave Japan.
However, circumstances may differ after those several years. For example, if a child has reached their late teens and is attending a Japanese high school at that time, the child may wish to remain alone in Japan to advance to a university or vocational school. In such cases, it may be appropriate to consider applying for a change of status of residence from Dependent to Student.