Changing from Temporary Visitor to Another Residence Status｜What Are 「Unavoidable Special Circumstances」

「I came to Japan as a tourist and then found a job」 「I married a Japanese national while staying on a Temporary Visitor status」. We receive such enquiries from time to time. However, under the Immigration Control Act, a change of status of residence from Temporary Visitor is, as a rule, not permitted. This article explains the statutory basis in the words of the provisions themselves, and sets out what should be done instead.

Sources: e-Gov Law Search 「Immigration Control and Refugee Recognition Act」 and 「Ordinance for Enforcement of the Immigration Control and Refugee Recognition Act」; Immigration Services Agency of Japan, 「Status of Residence: Temporary Visitor」, 「Application for Change of Status of Residence」, 「Application for Certificate of Eligibility」, 「Q&A on Immigration and Residence Examination」

What Is the Status of Residence 「Temporary Visitor」

Temporary Visitor is a status of residence listed in Table 3 of Appended Table I of the Immigration Control Act. The provision defines the permitted activities as follows.

Sightseeing, recreation, sports, visiting relatives, inspection tours, participating in lectures or meetings, business contact, or other similar activities during a short stay in Japan

The period of stay is prescribed in Appended Table II of the Ordinance for Enforcement as 「90 days, 30 days, or a period measured in days not exceeding 15 days」. For an overview of how the system fits together, please also see What Is a Status of Residence? Understanding the Basics.

Compared with other statuses of residence, Temporary Visitor has the following characteristics.

Item	Treatment under Temporary Visitor	Basis
Work (activities for remuneration)	Not permitted	Immigration Control Act Article 19(1)(ii)
Issuance of a residence card	Not issued	Immigration Control Act Article 19-3
Application for a Certificate of Eligibility	Outside the scope	Immigration Control Act Article 7-2(1)
Change to another status of residence	Not permitted as a rule	Proviso to Immigration Control Act Article 20(3)
Period of stay	90 days, 30 days, or up to 15 days	Appended Table II of the Enforcement Ordinance

No Activities for Remuneration Are Permitted under Temporary Visitor

Article 19(1) of the Immigration Control Act restricts the scope of activities of persons residing under a status listed in Appended Table I. Item (ii) of that paragraph provides as follows for the statuses in Tables 3 and 4 of Appended Table I, which include Temporary Visitor.

A person residing under a status of residence listed in the left-hand column of Tables 3 and 4 of Appended Table I　Activities operating a business involving income or activities for which he or she receives remuneration

The main clause of Article 19(1) states that such activities 「shall not be engaged in」. In other words, under Temporary Visitor you may neither work part-time nor work for remuneration paid by a Japanese company.

The Rule: A Change of Status from Temporary Visitor Is Not Permitted

Change of status of residence is governed by Article 20 of the Immigration Control Act. The key provision is paragraph (3).

Where an application set forth in the preceding paragraph has been filed, the Minister of Justice may grant permission only where there are reasonable grounds, based on the documents submitted by the foreign national, to deem the change of status of residence appropriate. However, with respect to an application by a person residing under the status of residence of Temporary Visitor, permission shall not be granted unless the application is based on unavoidable special circumstances.

The first sentence states the general rule for changes of status of residence: permission may be granted 「only where there are reasonable grounds」. The proviso in the second sentence then imposes a further, stricter condition that applies to persons on Temporary Visitor alone. This is the direct basis on which changes from Temporary Visitor are, as a rule, refused.

The Q&A of the Immigration Services Agency of Japan states the same point clearly.

Under the Immigration Control Act, a change of status of residence from 「Temporary Visitor」 shall not be permitted unless it is based on unavoidable special circumstances, and it is therefore not permitted as a rule. If you wish to reside in Japan for the medium to long term, please file an application for a Certificate of Eligibility with a regional immigration services bureau (or, where the case falls outside the scope of the Certificate of Eligibility application, apply for a visa at a Japanese embassy or consulate abroad).

What Are 「Unavoidable Special Circumstances」

So what situations amount to 「unavoidable special circumstances」?

With respect to change of status of residence, we could find no published material listing specific examples in the public information of the Immigration Services Agency of Japan. Various examples circulate in practitioners’ books and on the internet, but this office does not present examples that lack an official basis. Please understand that the matter is judged according to the individual circumstances.

On the other hand, the Agency’s Q&A clearly identifies one situation that does not qualify.

(Note) The mere fact that a Certificate of Eligibility has been issued while you are residing in Japan does not constitute unavoidable special circumstances.

This is an extremely important caveat in practice. The reasoning that 「the certificate came through while I was in Japan, so I should be able to change status」 is expressly rejected. The issuance of a Certificate of Eligibility and the availability of a change of status from Temporary Visitor are two separate questions.

Separately, with respect to extension of the period of stay under Temporary Visitor, the Agency explains that it is granted 「in principle, where there are truly unavoidable humanitarian circumstances or special circumstances equivalent thereto」, giving medical treatment as an example. This, however, concerns extension of the period of stay; both the governing provision and the situation differ from the proviso on change of status of residence. Please take care not to confuse the two.

The Correct Route: Obtain the Certificate of Eligibility While Still Abroad

Where medium to long-term residence is sought, the standard route is as follows.

1. The accepting organisation in Japan (the employer, the spouse, and so on) files an application for a Certificate of Eligibility (COE) with the regional immigration services bureau as a proxy
2. The issued certificate is sent to the applicant abroad
3. The applicant applies for a visa at the Japanese embassy or consulate-general in the country of residence
4. Once the visa is issued, the applicant travels to Japan and receives landing permission

The application for a Certificate of Eligibility is a procedure under Article 7-2(1) of the Immigration Control Act. The parenthetical in that paragraph excludes from its scope 「a foreign national who intends to engage in Japan in the activities listed in the right-hand column of the Temporary Visitor section of Table 3 of Appended Table I」. The Agency’s procedural guidance likewise describes the eligible parties as 「foreign nationals who wish to enter Japan (excluding those whose purpose is a temporary visit)」. In short, no Certificate of Eligibility system exists for Temporary Visitor itself.

There is no fee for this Certificate of Eligibility application. For the practicalities of recruiting from overseas, see How to Invite Foreign Talent from Overseas｜A Guide to the COE Application for the Engineer Visa; for bringing a spouse to Japan, see How to Bring Your Overseas Spouse to Japan｜A Guide to the Certificate of Eligibility (COE) Application.

Common Misconceptions

A common assumption	The actual treatment
Enter Japan as a tourist, find a job, then change status	Temporary Visitor does not allow activities for remuneration (Article 19(1)(ii)), and a change is also refused as a rule (proviso to Article 20(3))
I married during my short stay, so I can change directly to a spouse status	The fact of marriage alone is not necessarily recognised as 「unavoidable special circumstances」. The rule remains the route of obtaining a Certificate of Eligibility
The certificate has been issued, so I can change status	The Agency’s Q&A expressly states that 「the mere fact that … has been issued does not constitute unavoidable special circumstances」
A residence card is issued for Temporary Visitor as well	It is not (Article 19-3). Such persons are excluded from mid to long-term residents
With a re-entry permit, a Temporary Visitor can travel in and out	The Agency’s Q&A states that 「as a rule, a re-entry permit is not granted to persons holding the status of residence of 『Temporary Visitor』」, and they are not eligible for special re-entry permission either

How Extension of the Period of Stay Works for Temporary Visitor

Extension of the period of stay under Temporary Visitor is a procedure under Article 21 of the Immigration Control Act. The Immigration Services Agency of Japan frames this extension as a procedure for cases where 「a foreign national wishes to continue the activities under the status of residence of 『Temporary Visitor』 owing to truly unavoidable humanitarian circumstances and the like」, and lists the following required documents.

• Application for extension of the period of stay
• Passport
• Materials clarifying the reason why the activities under the status of residence of 「Temporary Visitor」 must be continued
• Materials explaining the applicant’s activities from entry into Japan up to the present
• Materials certifying the ability to bear the expenses of the stay, and materials certifying the means or the ability to bear the expenses of departure

The requirement to document the means and expenses of departure reveals the thinking behind this system. Please understand that extension is not a general means of prolonging a stay, but is operated as an exceptional measure lasting until the circumstances are resolved.

On the special period: Article 20(6) of the Immigration Control Act provides that where the period of stay expires before a decision is made on the application, the applicant may continue to reside until the decision is made or until the day on which two months have elapsed from the expiry date, whichever comes first (applied mutatis mutandis to extensions by Article 21(4)). However, this provision excludes 「applications by persons who have been granted a period of stay of 30 days or less」, and so it does not apply to a 30-day or 15-day Temporary Visitor stay.

Practical Points When You Marry a Japanese National

Where you marry a Japanese national while staying in Japan on a Temporary Visitor status, the underlying rule does not change. Acceptance of the marriage registration in Japan means that the family relationship has been established, but the Immigration Services Agency of Japan has not published anything to the effect that this alone amounts to 「unavoidable special circumstances」 for a change of status of residence. We could not confirm any official material indicating an exceptional treatment.

Accordingly, the standard route is to leave Japan once, have the Japanese spouse file an application for a Certificate of Eligibility as a proxy, obtain a visa, and enter Japan. For the requirements and eligible parties under the status of residence 「Spouse or Child of Japanese National」, see A Complete Guide to Spouse or Child of Japanese National (Spouse Visa); for the substance of the marriage examined during screening, see Avoiding Suspicion of a Sham Marriage.

The period of stay under Temporary Visitor is 90 days at most. Attempting to complete the marriage formalities, the collection of documents in the home country, and the preparation of the certificate all within that window puts the whole matter under strain. Starting preparations before travelling to Japan is, in the end, the fastest route.

Summary

• Under Temporary Visitor you may not operate a business involving income or engage in activities for remuneration (Immigration Control Act Article 19(1)(ii))
• A change of status of residence from Temporary Visitor 「shall not be permitted unless it is based on unavoidable special circumstances」 (proviso to Article 20(3) of the same Act)
• No official material listing specific examples could be confirmed; the matter is judged according to the individual circumstances
• The fact that 「a certificate was issued while I was in Japan」 alone does not constitute special circumstances
• No residence card is issued for Temporary Visitor (Article 19-3), and it is outside the scope of the Certificate of Eligibility application (Article 7-2(1))
• If you wish to reside for the medium to long term, proceeding by the standard route of a Certificate of Eligibility followed by a visa is the reliable course

How Our Office Can Help

Enquiries arising during a short stay are often a race against time. It is essential to establish clearly what can and cannot be done within the period of stay, while advancing the preparation of the Certificate of Eligibility in parallel. For any consultation regarding residence status, please entrust the matter to the Kaneko Hidetaka Administrative Scrivener Office.

• A 98% approval rate track record
• Languages: Japanese, Chinese, Vietnamese, English
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• Nationwide service centred on Chiba and Tokyo (online consultations available)

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