One of the frequently asked questions we receive is, 'Is it possible to change residence status from a short-term stay?'
The answer to this is generally 'It's not possible' as a general rule according to the Immigration Control Act.
The reason behind this is that, under immigration laws, changing residence status from a short-term stay requires being based on special circumstances.' （特別な事情）
What does 'special circumstances' （特別な事情）mean?
This essentially means that, as the purpose of entry as a short-term visitor and the purpose after the change in residence status differ, it is advisable to clarify the purpose before re-entering.
Therefore, obtaining a 'Certificate of Eligibility' and then entering the country is the correct method of entry. However, if there are special circumstances and it is impossible to return once, it is advisable to consult with the immigration authorities on an individual basis.
The key point is understanding the cases that qualify as 'special circumstances.' Here are the key points:
- If you have not had a residence status for 31 days or more before the change, it is generally not accepted.
- Changes to residence status related to employment are generally not accepted for processing.
Regarding the first point, since no special exemption period occurs, it is difficult for the examination to be completed within the period of stay, and therefore, the change application itself is not accepted.
As for the second point, changes to residence status related to employment involve a thorough check of the company's financial statements, business overview, work history, educational background certificates, and past entry and residence activity in Japan. Therefore, change applications may not be accepted, or even if accepted, they are likely to be insufficiently examined and denied.
Cases recognized as special circumstances are often those where, for example, during a short-term stay, the individual marries a Japanese citizen, and they cannot return immediately.
Additionally, since 2020 with the global spread of the COVID-19 pandemic, there have been cases where change applications were accepted and examined as a 'special circumstance' due to the difficulty of easy departure and re-entry.
However, currently, with the easing of COVID-19 impacts, such cases are expected to become increasingly rare.
For other special circumstances—like unexpected pregnancies, accidents, or sudden health issues requiring support—it's crucial to prepare a detailed explanation and supporting documents for the immigration authorities to consider.
If you have any questions, please feel free to consult with us.
