Possibility of Permanent Resident Permit
QUESTION
I would like to inquire if I have a chance to apply for a permanent visa with my family. I came to Japan as an Engineer with my family (wife and children) in 2007. Then, I have already applied for permanent resident last 2017 since it passed over 10 years resident in Japan.
But, it was denied.
After receiving the decision notice from the Tokyo Immigration Bureau, I and my Japanese guarantor visited the Immigration Bureau to inquire about the reason for rejection because I have no criminal record paying for residential/income tax and health insurance tax completely.
At the time of the hearing, the immigration official explained to me that my yearly income at the time of application is not enough to support my family because I have 3 children, my wife and I also declare my mother and mother in law as a dependent even though they live in the Philippines. I am sending money for their daily support every month.
At that time, I only earned 5 million yen a year. So, the Immigration officer said if you have been supporting 6 dependents, you should have earned at least 6 million yen per year income and you have to show it for 3 consecutive years. From that time, my salary never gets lower than 7 million per year in the year of 2017, 2018 and 2019.
So, my plan is to re-apply again for a permanent visa this year 2020. By the way, the main office in Houston decided to close the engineering section of our company here unfortunately and instead transfer it to Malaysia (only sales office remain). But I don’t want to transfer to Malaysia so I would like to stay here and find a new job here in Japan. My question is that “Can I still apply for a permanent visa even though my company will release me by the end of this month January 2020? I can still get an employment certificate for January 2020. I hope you can advise me because I really want to have a permanent visa for me and my family even though I still have 3 years working visa in Japan.
ANSWER
As the official of the Immigration Bureau explained, the reason for which your application
became disapproved is the following two points.
1) It is difficult to support your family (wife, three children, mother, and a mother-in-law) with your income (annual income of 5 million yen) at the time of an application.
2) You had submitted the explanatory data of which substantiate the income and property for only one year though it should be always submitted for the past three years when you applied for the permanent resident. Even if you would re-apply for it, you have to substantiate the scale of a new company, a new position/duty, fixability of new job and an annual income, etc. in this year. For that purpose, you, first of all, must be granted the Engineer status from the Immigration Bureau after your change of employment.
Therefore, it is necessary to make an “APPLICATION FOR CERTIFICATE OF AUTHORIZED EMPLOYMENT” to the Immigration Bureau in order to prove whether your new employment is
able to hold the status of “Engineer” also or not and to deliver the “CERTIFICATE OF AUTHORIZED EMPLOYMENT” from the Immigration Bureau.
Since your expiration of a period of stay is “May 8, 2024”, if this certificate will be delivered, you can reside till a residents term and can perform the activity as “engineer”. On the other hand, when the application is not accepted and a “CERTIFICATE OF AUTHORIZED EMPLOYMENT” will not be delivered, you have to leave for the Philippines in principle. Under these situations, you must be careful when you choose a new company and an occupational description.
For your information, your application for permanent resident anew is supposed to be decided after you would acquire this certificate and the salary allowance at a new position is decided. Then, if you can fulfill these materials, the possibility of permission will be realized by 60% or more.
Office name: Miyoshi International Legal Counsel Office
Telephone/Fax (Japanese/English): 0463-61-
E-mail: miyoshi@ipcworld.co.jp or joshua-galasha@mvg.biglobe.ne.
Website: www.phildigest.jp
Address: Kanagawa-ken, Naka-gun, Oiso-cho, Higashikoiso 716-2
Nearest station: Oiso station by Tokado Line
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