We held a hearing with the Immigration Bureau of the Ministry of Justice regarding the revised Immigration Control Act.

The revised Immigration Control Act will come into effect on Monday, July 9, 2012. Prior to its implementation, APFS conducted 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 representatives from APFS attended. House of Representatives member Ryoichi Hattori also joined us. From the Ministry of Justice's Immigration Bureau, Atsushi Gokan, Immigration and Residence Division Examination and Guidance Officer, and four other representatives were present.

Below is a summary of the questions from APFS and the responses from the Immigration Bureau of the Ministry of Justice.

Q1. The Tokyo Immigration Bureau has been using a "Confirmation of Intent Form" since June 2012 to request consent for the Immigration Bureau to notify the municipality where my residence is located of my personal information (confirmed by the Tokyo Immigration Bureau Violation Examination Department in June 2012). (1) On what basis, and (2) on what schedule will the "personal information" be notified to the municipality?
A1
(1) Based on Article 60, Paragraph 1 of the Supplementary Provisions. This takes into consideration the convenience of administrative services for those granted provisional release.
Supplementary Provisions Article 60, Paragraph 1
"The Minister of Justice shall consider, with regard to foreign nationals currently residing in Japan who are not persons permitted to reside in Japan under the provisions of the Immigration Control Act or special laws, and who have been granted provisional release under Article 54, Paragraph 2 of the Immigration Control Act and have passed a certain period of time since the date of said provisional release, the Minister shall consider promptly notifying municipalities of their place of residence, personal status, etc., by the effective date, with the aim of ensuring the smooth implementation of this Act and ensuring that such persons can continue to receive administrative benefits even after the effective date, and shall take necessary measures based on the results of that consideration."
(2) The local immigration bureau will send a notice to the city, town, or village by mail once a month. The date on which the provisional release license can be granted will also be included in the information sent.

Q2. The law states that "Foreign Resident Registration Certificates must be returned to the Minister of Justice within three months of the enforcement date" (QA33-2). It also states, "Please bring it to the nearest regional immigration office or mail it to the following office," but it seems that most people are unaware of this. Please let us know if there are any specific regulations regarding the collection of Foreign Resident Registration Certificates.
A2. If the person concerned returns the document to the municipality, it is possible to have the municipality hold onto it and then forward it to the Immigration Bureau.

Q3. A person whose residence permit expired just before the revised Immigration Control Act came into effect and who is currently applying for an extension of their residence status has received a postcard specifying a deadline for receiving the endorsement after their residence permit expires. This person is very worried because the deadline for receiving the endorsement is after their residence permit expires.
I suspect that the above measures are being taken because we are currently in a transition period to residence cards. Please let me know if there are any problems with the way we are handling and explaining things to those whose residence status is due for renewal or change during this transition period to residence cards, and what your thoughts are.
A3. I don't see any particular problems.

Q4. A "six-month" period of stay has been established for "spouses of Japanese nationals," "spouses of permanent residents," and "long-term residents" (QA153). Please provide specific details on the circumstances under which a "six-month" residence status will be granted. Also, if someone who previously had a residence status of "one year" or more changes to a "six-month" status, they may no longer be able to receive administrative services they have enjoyed, such as national health insurance. Please provide your opinion on this matter.
A4. "June" was originally intended for people staying for a short period of time.

Q5. On June 1, 2012, your bureau issued a draft of the "Guidelines for Determining a 5-Year Period of Stay." For permanent residents (Notifications No. 3-7), one of the conditions for being granted a "5-year" period is "possessing a certain level of Japanese language proficiency (having received Japanese language education for 6 months or more at a Japanese language education institution designated by the Minister of Justice in a public notice, or having passed the Japanese Language Proficiency Test N2 (omitted))." However, it is likely that many of those concerned do not have the time or financial resources to attend a Japanese language education institution or to pass the N2 exam. If the "Guidelines for Permanent Residency Permits" remain as they are (with the requirement of "residence with the longest possible period of stay"), it will effectively narrow the possibility for permanent residents (Notifications No. 3-7) to apply for permanent residency. What are your bureau's thoughts on this matter? Also, are there any plans to revise the "Guidelines for Permanent Residency Permits"?
A5. For the time being, when individuals with status-based residence statuses such as "long-term resident" apply for permanent residency, the maximum period will be considered to be "3 years." There are no plans to revise the "Guidelines on Permanent Residency Permits" immediately.

Q6. It appears that local governments are experiencing considerable confusion due to this transition (according to survey results from the Tokyo Bar Association, NGOs, etc.). Even after the system is implemented, it is conceivable that foreigners will visit local government offices and make inquiries. Are there already systems in place to handle inquiries from local governments on a regular basis?
A6. The system is in place. Furthermore, information sessions will be held in all prefectures during April and May.

Q7. It states that "if you remain in Japan for more than six months without a valid reason and have not continued to engage in activities as a spouse, your residence status may be revoked" (QA115).
(1) Please clearly explain what "activities as a spouse" specifically refers to.
(2) Marital relationships are extremely private matters, but how do you intend to investigate whether a person has "not engaged in activities as a spouse for more than six months"?
(3) I think there are cases where couples reconcile after a temporary separation. In such cases, if the separation period exceeds 6 months, will it be interpreted that the couple is not "acting as a spouse"?
A7. "Activities as a spouse" refers to legal marriage. It is certainly possible that the authorities will investigate the facts and not revoke the residence status.

Q8. In response to the question, "Under what circumstances is it considered a legitimate reason for a person to reside in Japan without engaging in activities as a spouse?" (QA138), the answer given is, "This includes cases such as when mediation is underway regarding child custody, or when divorce proceedings are underway, with the Japanese spouse being at fault."
(1) It is not easy for a male (and/or) foreigner to obtain custody, and in reality, mediation often takes place regarding "visitation rights." If mediation is underway regarding "visitation rights," will this be taken into consideration as having a "legitimate reason"?
(2) In a divorce lawsuit where a foreign spouse is found to be at fault for domestic violence, but the foreign spouse denies the domestic violence and does not want to divorce the spouse, would it be correct to assume that this would be considered a "legitimate reason"?
A8. If it occurs before the divorce, it can be considered close to a "legitimate reason." Examples of what can be considered a "legitimate reason" will be published on the Immigration Bureau's website after the law comes into effect. Even if mediation regarding custody/visitation rights is conducted after the divorce, a change of residence status is necessary because the divorce has been finalized.

This revision is the most significant since the enactment of the Immigration Control Act. It cannot be said that the information disseminated to foreign nationals has been sufficient, and considerable confusion is expected after the law is revised. APFS will continue to clarify any unclear points that arise and will also address inquiries from those affected.