行政書士法人第一綜合事務所

Don’t give up even if you were not granted a permanent resident visa!: How to reapply for a permanent resident visa

Don’t give up even if you were not granted a permanent resident visa!: How to reapply for a permanent resident visa

In this article, we would like to introduce the schemes of reapplication for permission for permanent residence, for those who received non-permission notification.
Collecting all necessary documents for permanent residence is not easy, and it is pretty shocking to receive non-permission notification.
“I have been working hard in Japan, but why…?” You may feel like your all efforts have been denied and give up reapplying for permanent residence.
Besides, there are some people who hesitate to apply again for permanent residence because it is hard to understand the grounds for non-permission from reading non-permission notification.

What is the best way to react to the notification of non-permission for a permanent resident visa? Is there any possibility to be granted a permanent resident visa by reapplication regardless of the previous non-permission?

Here, we would like to focus on how to reapply for permission for permanent residence, for those who received non-permission notification.

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1. What is the notification of non-permission for a permanent resident visa?

The notification of non-permission for a permanent resident visa often states,
“The suitability with Article 22, paragraph 2, item (2) of the Immigration Control and Refugee Recognition Act is not recognized,” or something like that, and it is hard to understand what it means.

When we are asked questions by those who received a notification of non-permission for a permanent resident visa, we tell them the following 2 things.

1) Keep the non-permission notification; and
2) Ask the immigration office to which you submitted your application for permanent residence as to the grounds for non-permission.

How should you ask the immigration office as to the grounds for non-permission?
Are there any tips for it?
Let’s see in the next section!

2. Grasp the grounds for non-permission for permanent resident visa

If you bring specific documents to the immigration office, you can request the disclosure of the specific grounds for the non-permission against you for permanent residence.
It is the first step to reapplication for permanent resident visa.
However, you have to be careful because you only have one chance to ask them the grounds for non-permission.

Upon requests from our clients, we accompany them to the immigration office and directly ask the examiners as to the grounds for non-permission.
Since we are aware of points of examination and actual criteria, we are able to derive much information which helps reapplication from examiners.
We can obtain more beneficial information as to the grounds for non-permission than when you try on your own.

Of course, it is also possible for you to go to the immigration office on your own.
The first step to reapplication is to grasp the grounds of non-permission for permanent resident visa.

3. For the reapplication for a permanent resident visa

After grasping the grounds of non-permission for permanent resident visa, we proceed to prepare for reapplication for a permanent resident visa.

There is no rule which says that you cannot apply again for a certain period after receiving non-permission for a permanent resident visa.
Having said that, unless you have fixed the situations which are the grounds for non-permission, you will most likely get the same result. Contrarily, if you have already fixed such situations, no matter how soon you reapply after the non-permission, you may be granted a permanent resident visa.

How can we fix the situations which are the grounds for non-permission before applying again?

There are various grounds for non-permission for a permanent resident visa; income is not enough, dependents are too many, pension premiums are not paid, leaving Japan too many times; serious traffic violation was committed in the past, and so on. This time, we will talk about a case where permanent residence was not granted on the ground that “the person has left Japan so many times, and there is no substantial residence in Japan.”

First, we check the reason why the person travels abroad so often.
Let’s suppose the reason is because she needed to take care of her sick mother back home.

In such case, we look for any explanation and evidence that can reverse the judgement of the immigration authority regarding her residence in Japan. In the course of such research, we check if she was the only one who could take care of her mother, if she has the medical certificate of her mother, if the length of her stay abroad is adequate, if she has any plans to go abroad, the structure of her household in Japan, the situation of her activity in Japan, and so on.

Then, if we consider that there is a chance to receive a permanent resident visa by reapplication, we prepare a statement of reason and evidence materials for reapplication.
If there seems to be no chance, we suggest to apply again after a certain period passes since the reason for going abroad ceases to exist as her mother has become better, her siblings can take care of her mother or the like.

4. Summary of the methods of reapplication for a permanent resident visa

We explained the methods of reapplication for a permanent resident visa after receiving a non-permission notification.

We would like to review it here.
When you receive a notification of non-permission for permanent resident visa, you should do as follows.

1)ask the immigration office as to the grounds for non-permission for permanent residence;
2)Check if you can fix the situation that is the ground for non-permission;
3)if you can fix the situation that is the ground for non-permission, prepare a statement of reasons and evidence materials, and reapply for a permanent resident visa;
4)if you cannot quickly fix the situation that is the ground for non-permission, wait until you can fix it and then apply again.

We bet most of the people who receive a non-permission notification feel disappointed, but if you react to it correctly based on the grounds for non-permission, you will still have a chance to receive permanent residence by reapplication.

If you were not granted a permanent resident visa and don’t know how to proceed or would like to find out how to apply again, please feel free to contact us!

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