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apfseditor 
The revised Immigration Control Act will come into effect on Monday, July 9, 2012. Prior to the enforcement, APFS held a hearing with the Immigration Bureau of the Ministry of Justice on Friday, June 29, 2012 to clarify any unclear points regarding the operation of the revised Immigration Control Act.
Three members of APFS attended the meeting. Mr. Ryoichi Hattori, Member of the House of Representatives, also attended. Mr. Atsushi Gokan, Inspector of the Immigration Bureau of the Ministry of Justice, Immigration and Residence Division, and four other members attended.
Below is a summary of questions from APFS and the responses from the Immigration Bureau of the Ministry of Justice.
Q1. The Tokyo Immigration Bureau has been using a "letter of intent" since June 2012 to ask for consent to "the Immigration Bureau notifying my personal information, etc. to the city, ward, town, or village where I live" (confirmed by the Tokyo Immigration Bureau Violation Screening Division in June 2012). Please tell us (1) on what basis and (2) on what schedule the "personal information, etc." will be notified to the city, ward, town, or village.
A1
(1) Based on Article 60, Paragraph 1 of the Supplementary Provisions. This was done in consideration of the convenience of administrative services for those granted provisional release.
Supplementary Provisions Article 60, Paragraph 1
"With regard to foreign nationals currently residing in Japan, other than those who may reside in Japan pursuant to the provisions of the Immigration Control Act or the Special Act, who have been provisionally released pursuant to the provisions of Article 54, Paragraph 2 of the Immigration Control Act and for whom a certain period has passed since the date of said provisional release, the Minister of Justice shall, in order to ensure the smooth implementation of this Act and to enable such persons to continue to receive administrative benefits even after the effective date, consider promptly notifying municipalities of such persons' place of residence, status, etc. by the effective date, and shall take necessary measures based on the results of such consideration."
(2) The Regional Immigration Bureau will notify the municipalities by mail once a month. The notification will also include the date on which provisional release will be granted.
Q2. It says, "The alien registration certificate must be returned to the Minister of Justice within three months of the enforcement date" (QA33-2). It also says, "Please bring it to the nearest regional immigration office or mail it to the following office," but most of the parties involved seem not to know this. Please let me know if there are any specific regulations regarding the collection method of the alien registration certificate.
A2. If the person in question returns the document to the city, ward, town or village, it is possible for the city, ward, town or village to keep it and send it to the Immigration Bureau.
Q3. A person who is currently applying for a renewal of his/her status of residence, whose expiration date is just before the enforcement of the revised Immigration Control Act, received a postcard specifying the date for receiving the certificate after the expiration date of his/her status of residence. This person was very worried because the date for receiving the certificate is after the expiration date of his/her status of residence.
I assume that the above measures are being taken because we are currently in the transition period to residence cards. Please let me know if there are any problems with the way in which we respond to and explain to those who are renewing or changing their residence status during the transition period to residence cards.
A3: I don't think there are any particular problems.
Q4. A "6-month" period of stay will be established for "Spouse or Child of a Japanese National," "Spouse or Child of a Permanent Resident," and "Long-Term Resident" (QA153). Please give a specific answer as to what circumstances will result in a "6-month" period of stay. Also, if a person with a "1-year" or longer residence status is changed to a "6-month" period of stay, they may no longer be able to receive the administrative services that they have enjoyed up until now, such as national health insurance. Please tell us your thoughts on this point.
A4. "June" was originally intended for people who would be staying for a short period of time.
Q5. On June 1, 2012, your Bureau issued the "Draft Guidelines for Determining the 5-year Period of Stay." For long-term residents (Notifications 3-7), the condition for the "5-year" period is "a certain level of Japanese language proficiency (having received Japanese language education for 6 months or more at a Japanese language educational institution designated by the Minister of Justice in a public notice, having passed the Japanese Language Proficiency Test N2 (omitted))." However, it seems that many of the people involved do not have the time or financial means to attend a Japanese language educational institution or to pass the N2 test. If the "Guidelines for Permanent Residence Permission" remain as they are (there is a requirement that "they must have stayed in Japan for the longest period of stay"), it will in effect narrow the possibility of long-term residents (Notifications 3-7) applying for permanent residence permission. What are your thoughts on this? Also, are there any plans to revise the "Guidelines for Permanent Residence Permission"?
A5. For those with status-based residence status such as "long-term resident," when applying for permanent residence, the maximum period will be considered to be "3 years" for the time being. There are no plans to revise the "Guidelines for Permanent Residence Permits" anytime soon.
Q6: It appears that local governments are experiencing great confusion due to this transition (based on survey results by the Tokyo Bar Association, NGOs, etc.). Even after the system is implemented, it is expected that foreigners will visit local government offices to make inquiries, but is there already a system in place that can respond to inquiries from local governments at any time?
A6: The system is in place. Also, explanatory meetings will be held in all prefectures in April and May.
Q7: It says that "if you remain in Japan for more than six months without engaging in activities as a spouse without a valid reason, your status of residence may be revoked" (QA115).
(1) Please clearly answer what exactly you mean by “activities as a spouse.”
(2) A marriage relationship is a very private matter, so how do you intend to investigate the "absence of marital activities for more than six consecutive months"?
(3) I think there may be cases where a couple temporarily separate and then reconcile. Even in such cases, if the separation period exceeds six months, will it be interpreted as not being "active as a spouse"?
A7. "Activities as a spouse" refers to a legal marriage. It is possible to investigate the facts and not revoke the status of residence.
Q8. In response to the question "In what cases is it recognized that there is a legitimate reason for a person to stay in Japan without engaging in activities as a person with the status of a spouse?" (QA138), the answer given is "In cases where mediation is underway over custody of a child, or where divorce proceedings are being filed in which the Japanese spouse is disputing that he or she is at fault, etc."
(1) It is not easy for a man (and/or foreigner) to obtain custody, and in reality, I think that mediation is often conducted over "visitation rights." Is it correct to think that if mediation is being conducted over "visitation rights," it will be considered that there is a "legitimate reason"?
(2) If a divorce lawsuit is being filed on the grounds that the foreign spouse is at fault for domestic violence, but the foreign spouse denies the violence and does not want to divorce the spouse, can this be considered as having a “legitimate reason”?
A8. If it is before the divorce, it will be considered as close to a "legitimate reason". Cases that are considered to be "legitimate reasons" will be published on the Immigration Bureau's website after the law comes into effect. Even if you have mediated on custody/visitation rights after the divorce, you will need to change your residence status because the divorce has been finalized.
This revision is the biggest since the Immigration Control Act was enacted. It cannot be said that the information has been sufficiently disseminated to foreigners involved, and it is expected that considerable confusion will occur after the revision of the law. APFS will continue to clarify any unclear points that arise. We will also resolve inquiries from the parties involved.