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A.
Why Are Visas Necessary?
In
principle, foreigners wishing to enter Japan (with the
exception of shipping and airline crews) are required to
apply at an overseas Japanese diplomatic establishment
(embassy or consulate) for a visa to be stamped in or
attached to their passport valid for travel to Japan.
Under
Japan's Immigration Control and Refugee Recognition Act
(hereafter referred to as the Immigration Control Act), it
is stipulated that any foreigner wishing to enter or
land in Japan must possess a valid passport and a visa
obtained from an embassy or consulate. In other words,
when foreigners apply to an Immigration Inspector
(immigration officer) at a port of entry or departure
(hereafter referred to as a port of entry) of an airport
or seaport for an examination for landing, one of the
conditions that they must meet is possession of a valid
visa.
Accordingly,
if a foreigner does not possess the necessary visa, in
principle he or she is not granted permission to enter
Japan.
B.
Characteristics of a Visa
The
Ministry of Foreign Affairs receives many inquiries about
visas, such as, "What is a visa?", "How
should I go about obtaining a visa?", and "Are
there any obstacles to entering and residing in Japan even
after obtaining a visa?" Also, the ministry receives
quite a few inquiries and even complaints from people who
confuse the visa issued by an embassy or consulate and the
landing permission (or status of residence permission)
granted by an immigration officer belonging to the
Ministry of Justice. These people ask such questions as,
"How can I extend my visa?" (meaning status of
residence permission) and "I cannot understand why my
application for a visa extension has been rejected"
(again, they mean status of residence permission). Often
problems seem to occur at the time of entry into Japan
because of inadequate knowledge or misunderstanding. We
hope that this pamphlet will increase your understanding
of Japan's visa system and assist in preventing these
problems.
1.
What is a visa?
On
the basis of the Law for the Establishment of the Ministry
of Foreign Affairs, visas granted by the Japanese
Government are issued only by embassies or consulates
under the Ministry of Foreign Affairs. A visa cannot be
acquired after arriving in Japan.
A
visa is a recommendation that a foreigner should be
allowed to enter Japan. In other words, it is a kind of
certificate
issued
by the ambassador or consul verifying that the foreigner's passport is
genuine and valid and that the application for a stay in Japan for the
purpose and period indicated on the visa has been deemed appropriate.
To
repeat, a visa itself does not guarantee landing (status of
residence) permission. Possession of a visa is one condition for
application for landing at an airport or seaport.
Although
there are some countries that do accept a visa as a guarantee of
landing permission, most countries, like Japan, adopt a system which
requires permission from immigration authorities as well as a visa.
2.
What is landing permission?
Landing
permission is stamped in a foreigner's passport by immigration
officers at the airport or seaport where he or she goes through
immigration procedures. It is completely different from a visa. It
is this landing permission, not a visa, that serves as the legal basis
for the foreigner's stay in Japan. A visa is only a recommendation and
does not automatically guarantee landing permission.
When
a foreigner wishing to enter Japan arrives at an airport or seaport in
Japan, he or she first of all has to apply to an immigration officer
for landing permission. The immigration officer will check the
validity of the foreigner's passport, the existence of a visa when
necessary, the validity of the visa, the purpose of entering Japan,
the scheduled period of stay, and so on. Landing permission will be
granted only if all the conditions stipulated in the Immigration
Control Act, including those being checked by the immigration officer,
are met.
The
stamp of landing permission states not only the date and port of entry
but also the status of residence (often referred to as immigration
status) of the foreigner, which determines the activities in which
that foreigner is permitted to engage in Japan and the term of
residence of his or her immigration status.
The
receipt of landing permission is a prerequisite for any future
applications at a regional immigration authority in Japan for a
specific purpose, such as extension of term of residence or change of
status of residence. Any such applications must be made at the nearest
regional immigration authority to the applicant's place of residence
in Japan.
When
an immigration officer at the port of entry completes an examination
for landing and grants landing permission, the visa immediately
becomes invalid (although multiple visas remain valid until the date
of their expiration). After that, it is the landing permission that
serves as the legal basis for the foreigner's stay in Japan.
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