Guarantor - 仲程行政書士事務所

In Japanese immigration procedures, the terms “representative” and “guarantor” are used, but their roles are entirely different. A representative in an application for a Certificate of Eligibility is also different from an authorized application intermediary, such as an authorized administrative scrivener. 1. Applications Must, in Principle, Be Made by the Foreign National As a general rule, applications relating to a status of residence must be made by the foreign national concerned. When a foreign national who already resides in Japan under a valid status of residence applies for an extension of the period of stay or a change of status of residence, the applicant must be physically present in Japan at the time of filing. By using an authorized administrative scrivener or another authorized application intermediary, the applicant can normally file the application without personally appearing at the immigration office. However, even where an application intermediary submits the documents, an application for an extension or change of status cannot be filed while the applicant is outside Japan. 2. Representatives in Certificate of Eligibility Applications A foreign national who is overseas and intends to engage in medium- or long-term activities in Japan will normally apply for a Certificate of Eligibility, commonly referred to as a COE, before entering Japan. Even when the applicant is outside Japan, a representative prescribed by law may file the COE application from within Japan. However, not everyone can act as a representative. The persons who may act as representatives are specified according to the applicant’s intended status of residence. Main Statuses of Residence and Eligible Representatives Status of residenceMain person who may act as representativeDiplomat / OfficialAn employee of a diplomatic mission, consular post, foreign government or international organization based in Japan, or a person who will belong to the same household as the applicantProfessor / InstructorAn employee of the institution in Japan where the applicant will teachArtistAn employee of the organization in Japan that has entered into a contract with the applicant, or of the organization to which the applicant will belongReligious ActivitiesAn employee of a related religious organization in Japan connected with the foreign religious organization dispatching the applicantJournalistAn employee in Japan of the news organization with which the applicant has a contract or to which the applicant will belongHighly Skilled ProfessionalAn employee of the organization in Japan that has entered into a contract with the applicant, or of the business office that the applicant will operate or manageBusiness ManagerAn employee of the business office in Japan that the applicant will operate or manage, or a person entrusted with establishing a new business officeLegal/Accounting ServicesAn employee of the organization in Japan with which the applicant has a contract or to which the applicant will belongMedical ServicesAn employee of the medical institution in Japan that has entered into a contract with the applicantResearcherAn employee of the organization in Japan that has entered into a contract with the applicant, or of the business office to which the applicant will be transferredEngineer/Specialist in Humanities/International ServicesAn employee of the organization in Japan that has entered into a contract with the applicantIntra-company TransfereeAn employee of the business office in Japan to which the applicant will be transferredNursing Care / Skilled Labor / Specified Skilled WorkerAn employee of the organization in Japan that has entered into an employment or other relevant contract with the applicantEntertainerAn employee of the entertainment-contracting organization, inviting organization or organization to which the applicant will belongTechnical Intern TrainingAn employee of the training implementer or supervising organizationCultural ActivitiesAn employee of the organization to which the applicant will belong, an expert who will instruct the applicant, or a relative of the applicant residing in JapanStudentAn employee of the educational institution, the person paying the applicant’s tuition or living expenses, an employee of the organization paying those expenses, or a relative residing in JapanTraineeAn employee of the accepting organizationDependentThe person who will support the applicant in Japan, a relative residing in Japan, or the representative in the COE application of the person supporting the applicantDesignated ActivitiesAn employee of the organization to which the applicant will belong, the applicant’s employer, or another person designated according to the relevant activitiesSpouse or Child of Japanese NationalA relative of the applicant residing in JapanSpouse or Child of Permanent ResidentA relative of the applicant residing in JapanLong-Term ResidentA relative of the applicant residing in Japan The status of Temporary Visitor is not covered by the COE system. In addition, Permanent Resident is not a status of residence that can be obtained by acquiring a COE overseas and entering Japan. 3. The Difference Between a Representative and an Authorized Administrative Scrivener A representative legally permitted to act in a COE application is not the same as an authorized administrative scrivener or another authorized application intermediary. For example, in a COE application for the status of Engineer/Specialist in Humanities/International Services, an employee of the Japanese company that has entered into a contract with the foreign national may act as the legally qualified representative. An authorized administrative scrivener receives instructions from that representative, submits the application documents to the immigration office, and handles communications and requests for additional documents during the examination. Therefore, merely retaining an authorized administrative scrivener does not automatically make the administrative scrivener the applicant’s legally qualified representative. As a general rule, a separate representative in Japan who meets the requirements for the relevant status of residence is required when the applicant is overseas. When an authorized administrative scrivener or another application intermediary is used, requests for additional documents and notification of the result are normally sent to the application intermediary. If the COE is issued, the paper COE or electronic COE is sent to the applicant. The applicant will then normally apply for a visa at a Japanese embassy or consulate. 4. Where No Qualified Representative Is Available Depending on the intended status of residence, there may be no person in Japan who is legally eligible to act as the applicant’s representative. Examples include: a self-employed artist who has no contract with or affiliation to an accepting organization in Japan. a person of Japanese descent applying for Long-Term Resident status who has no relatives residing in Japan. In such cases, one possible procedure is for the applicant to lawfully enter Japan as a Temporary Visitor and file the COE application personally while staying in Japan. Where an authorized administrative scrivener or another application intermediary handles the filing, the applicant may leave Japan after the application has been submitted and wait for the result overseas. Requests for additional documents and notification of the result are normally sent to the application intermediary. However, even if the COE is issued while the applicant is staying in Japan, the applicant cannot, in principle, change directly from Temporary Visitor status to a medium- or long-term status of residence. The applicant must normally leave Japan, obtain the appropriate visa from a Japanese embassy or consulate, and then re-enter Japan. 5. What Is a Guarantor? A guarantor is not a representative who files an application on behalf of the applicant. A letter of guarantee is mainly required for applications based on family relationships or personal status, as well as for permanent residence applications, including: Spouse or Child of Japanese National; Spouse or Child of Permanent Resident; Long-Term Resident; and Permanent Residence. The status of Spouse or Child of Japanese National includes a spouse of a Japanese national, a biological child of a Japanese national and a specially adopted child of a Japanese national. The person who may act as guarantor depends on the type of application. For example, in an application made by the spouse of a Japanese national, the guarantor will normally be the Japanese spouse residing in Japan or a relative of the Japanese spouse. In a permanent residence application, the guarantor will normally be a Japanese national, permanent resident or special permanent resident residing in Japan. In a Long-Term Resident application, a Japanese national or permanent resident residing in Japan may be accepted as guarantor even if that person is not a relative of the applicant. 6. Matters Guaranteed by the Guarantor The guarantor signs a letter of guarantee covering the following matters during the applicant’s stay in Japan: living expenses; return travel expenses; and compliance with Japanese laws and regulations. 7. The Guarantor’s Responsibility A guarantor in an immigration procedure is different from a guarantor or joint and several guarantor under Japanese civil law. Even if the applicant is unable to pay living expenses or violates Japanese law, the guarantor does not automatically become liable for the applicant’s debts, fines or damages merely because the guarantor signed the immigration letter of guarantee. An immigration guarantee is generally regarded as involving a moral and social responsibility rather than a legally enforceable guarantee. However, if the guarantor fails to fulfil the matters stated in the letter of guarantee, the person’s suitability to act as a guarantor in future immigration applications may be questioned. 8. Comparison of Representatives, Application Intermediaries and Guarantors RoleMain functionRepresentative in a COE applicationFiles a COE application in Japan on behalf of an applicant who is overseasAuthorized administrative scrivener or other application intermediarySubmits application documents and additional materials, and handles procedural communications with the immigration office, on the instructions of the applicant or representativeGuarantorGuarantees living expenses, return travel expenses and compliance with Japanese laws and regulations A representative and a guarantor are entirely different under the Japanese immigration system. The same person may sometimes act as both representative and guarantor. However, whether that person is eligible for each role must be determined separately.

The Difference Between a Representative and a Guarantor in Japanese Immigration Procedures