【Gyoseishoshi Lawyer Explains】 What is Returning a Certificate of Eligibility?
The Certificate of Eligibility is a document required for foreigners to stay in Japan for the mid- to long-term. However, this certificate has an expiration date. If it expires, it becomes invalid and cannot be used. However, it must be returned to the applicant without destroying it on its own.
What is a Certificate of Eligibility?
A certificate of eligibility is a document that certifies the activities that a foreigner may engage in upon arrival in Japan. It is not intended for tourists, but for foreigners who will work and stay in Japan for a medium to long term. The Certificate of Eligibility describes the activities that the foreigner is allowed to engage in, and activities that are not described in the Certificate of Eligibility are not permitted.
A Certificate of Eligibility is required when a foreigner lands in Japan. In this case, in addition to the Certificate of Eligibility, the foreigner is required to present his/her passport and visa.
The Certificate of Eligibility is a document that certifies that the foreign national’s activities and status in Japan (e.g., spouse) are not deceptive and that he/she falls under the status of residence. Therefore, without the Certificate of Eligibility, you will not be able to prove the activities you intend to engage in in Japan. Therefore, in order to enter Japan, it is necessary to obtain a Certificate of Eligibility in advance.
How to Obtain a Certificate of Eligibility
There are two ways to apply for a Certificate of Eligibility: the foreigner who wishes to stay in Japan can come to Japan and apply for it himself/herself, or a host institution (company) that hires the foreigner can apply for it on behalf of the foreigner in Japan.
However, since the first method requires the foreigner to come all the way to Japan to apply, in most cases, the host organization (company) will apply on behalf of the foreigner in Japan. In the case of a special skilled visa, a staff member of a registered support organization can also apply on behalf of the foreign national. In the case of status of residence visas (e.g. spouse of Japanese national), it is common for a relative living in Japan to file the application.
A certificate of eligibility will be mailed to the applicant about one to three months after the application is filed. In the case of a proxy application, it will be forwarded to the foreigner residing in his/her home country. Upon receiving the Certificate of Eligibility, the foreigner will go to the Japanese embassy or consulate in his/her home country, present the Certificate of Eligibility, and apply for a visa.
Please note that the Certificate of Eligibility has a validity period of three months. After three months from the date of issue, it becomes invalid, so you must go to Japan before that time.
Returning a Certificate of Eligibility in such a case
If, after the Certificate of Eligibility has been issued, you receive a notice from the company you intend to join that cancels its offer of employment, or if you voluntarily decline the offer, the Certificate of Eligibility that was issued will no longer be necessary.
However, please do not destroy the certificate without permission just because it is no longer needed. In such cases, the Certificate of Eligibility must be returned to the Immigration Office that issued it, along with a “Statement of Reason” stating the reason for returning it.
In the future, when the Certificate of Eligibility is needed again and an application is made, the previously issued Certificate of Eligibility may be checked. If the previous Certificate of Eligibility is not used and is destroyed by the applicant, the new application procedure may be delayed.
If this happens, there is a possibility that you will not be able to join a company on the date you want, even if you have already found a job in Japan. To avoid this, you should return the certificate of eligibility that you no longer need.
Conclusion
Many people may think that it is OK to dispose of a certificate of eligibility that you have applied for and obtained by yourself. However, the issuing authority will have doubts if the certificate is not used, so be sure to return it if you do not need it.
