Legal Framework of Japan's Immigration Control System: An Explanation of Entry, Landing, and Departure Management

In today’s global economy, strategic placement of management and specialized personnel is essential for multinational companies to achieve success in the Japanese market. Under such circumstances, a deep understanding of Japan’s immigration control system transcends mere administrative tasks and becomes a core element of corporate governance and strategic risk management. In 2023, the number of new entrants to Japan reached approximately 23.75 million, and the number of foreign residents at year-end rose to about 3.41 million, indicating that international movement of people in Japan is becoming increasingly active. This article systematically and professionally explains the legal framework governing the entry, landing, and departure of foreigners in Japan, based on the provisions of the Japanese “Immigration Control and Refugee Recognition Act” (hereinafter referred to as the “Immigration Control Act”). Specifically, it details each stage from obtaining a visa, which is a prerequisite for travel to Japan, to the core procedures at entry such as landing examinations, and the procedures for departure and re-entry, clarifying their legal significance and practical considerations.

The Fundamental Principles of Japanese Immigration Control and the Immigration Control Act

The cornerstone of Japan’s immigration control system is the Immigration Control Act, established in 1951. This law sets out the basic principles for managing the movement of all people entering and leaving Japan.

Article 1 of the Japanese Immigration Control Act states that the purpose of this law is “to ensure the fair management of the entry and exit of all persons who enter or leave the country.” The term “management” clearly indicates that Japan’s immigration control system, based on national sovereignty, strictly regulates who is allowed to cross the borders to maintain national interests, public order, and domestic safety. While this system actively welcomes individuals who contribute to Japanese society, such as specialists with specific skills, it applies extremely stringent standards in its enforcement.

To understand this legal framework, it is important to grasp the basic terms defined in Article 2 of the Immigration Control Act. For example, “foreign national” refers to a person who does not possess Japanese nationality, and “passport” means a travel document issued by the Japanese government or a foreign government recognized by Japan. These procedures are carried out by “immigration inspectors” who belong to the Immigration Services Agency, an external bureau of the Ministry of Justice, at designated “ports of entry and departure” such as harbors and airports established by Ministry of Justice ordinance.

Therefore, when a company invites a foreign national to Japan, the procedure should be recognized not merely as an application process but as an act of seeking permission from a sovereign state that prioritizes national security and the maintenance of public order. Even minor discrepancies or inconsistencies in application documents are not treated as mere clerical errors but may be judged as failing to meet the high evidentiary standards required for entry permission, potentially leading directly to the denial of the application. The burden of proof lies entirely with the applicant and the inviting company.

The Entry Process into Japan: Visas and Certificates of Eligibility

Foreign nationals seeking to enter Japan must, as a general rule, first obtain a visa from a Japanese embassy or consulate located overseas. A visa serves as a sort of letter of recommendation, indicating that the foreign national’s passport is valid and that there are no impediments to entering Japan under the conditions stated on the visa. However, it is crucial to understand that obtaining a visa does not guarantee entry into Japan. The final decision on whether entry is permitted is made by immigration officers during the landing examination at Japanese ports of entry.

To facilitate this two-step process, Japan has established a system known as the “Certificate of Eligibility” (COE). This document is a pre-screening by Japan’s Immigration Services Agency, certifying that the activities a foreign national intends to undertake in Japan conform to the requirements of one of the statuses of residence defined in the Immigration Control Act. When a company employs a foreign national, it first applies for this certificate within Japan and then sends the issued certificate to the individual abroad. The individual then submits the certificate to the local Japanese embassy or consulate when applying for a visa. The attachment of a COE is expected to expedite the visa issuance process and the landing examination upon arrival in Japan.

There is a significant legal precedent regarding the nature of visa issuance. The Tokyo District Court’s decision on July 8, 2010 (the case requesting the cancellation of a visa issuance refusal), determined that a visa issuance refusal by a Japanese consular officer does not constitute an “administrative action” that can be contested in Japanese courts. The court noted that under international customary law, a state is not obligated to accept foreign nationals, and that visa issuance is a diplomatic act based on state sovereignty, distinct in nature from domestic administrative procedures defined by the Immigration Control Act.

This precedent legally supports the clear separation between the diplomatic function of the Ministry of Foreign Affairs, which oversees visa issuance, and the domestic administrative function of the Ministry of Justice (Immigration Services Agency), which oversees landing permission. In other words, if a visa issuance is refused, one cannot contest the decision through the Japanese judicial system. This represents a significant and unavoidable risk for companies. If a visa for an important executive or specialist is not issued, the company has no legal means to compel the government to issue it. The only and best strategy to mitigate this risk is to obtain a Certificate of Eligibility from the initial stage of the application and to prepare a flawless and persuasive set of application documents.

Landing Examination in Japan: Initiating a Lawful Stay

Foreign nationals who have obtained a visa and arrived in Japan must undergo a landing examination by an immigration officer at the port of entry. Only after passing this examination and receiving the landing permission stamp in their passport can they legally commence their stay in Japan. Articles 6 and 7 of the Japanese Immigration Control and Refugee Recognition Act (hereinafter referred to as the Immigration Act) set forth stringent requirements for landing permission.

The immigration officer will examine whether all of the following five conditions are met:

1. Possession of a valid passport and, if necessary, a visa.
2. The activities intended to be conducted in Japan are genuine and fall under a specific status of residence.
3. The planned activities conform to the criteria of any of the statuses of residence listed in the Appended Table of the Immigration Act, including the landing permission criteria stipulated by the Ministry of Justice ordinance.
4. The intended period of stay is in compliance with the provisions of the law.
5. Non-applicability of the grounds for denial of landing as set forth in Article 5 of the Immigration Act (such as a history of criminal offenses or a history of deportation).

There are specific requirements for each of the main work-related statuses of residence, which are particularly relevant to corporate activities.

Business Management Visa in Japan

This visa category is designed for foreign nationals who engage in business management or administration in Japan. The primary requirements include having an independent business office established within Japan and either a capital investment of at least 5 million yen or employing two or more full-time staff residing in Japan. When applying, it is essential to objectively demonstrate the stability and continuity of the business through a concrete and feasible business plan.

Japanese Visa Status ‘Engineer/Specialist in Humanities/International Services’

This is the most commonly applicable residency status for professional employees with specialized skills or knowledge. The core requirement is a clear connection between the work the individual is engaged in and their educational background (such as a university degree or a field of study at a Japanese vocational school) or professional experience. For example, a typical case would be someone who studied mechanical engineering at university and is employed as an engineer. Additionally, it is a legal requirement that the compensation amount must be equal to or greater than the salary received by a Japanese national engaged in similar work.

Intra-Company Transferee Residency Status in Japan

This residency status applies to employees who are transferred from a parent company, subsidiary, or other related company abroad to a related enterprise in Japan. As a prerequisite for application, the applicant must have been continuously engaged in work corresponding to “Technology, Humanities Knowledge, or International Services” at an overseas office for at least one year immediately before the transfer. A significant feature of this residency status is that, unlike the “Technology, Humanities Knowledge, or International Services” residency status, it does not necessarily require educational qualifications such as a university degree.

Each of these residency statuses has different purposes and requirements. When deploying personnel, companies are required to make strategic decisions to select the most appropriate residency status for each employee based on their background and role in Japan. The table below compares the requirements of these three main residency statuses.

Upon passing the landing examination, foreigners who meet these conditions are issued a “Residence Card” that specifies their residency status and period of stay. This card serves as an identification document for foreigners staying in Japan for medium to long terms and must be carried at all times.

Emigration Control from Japan: The Importance of the Re-entry Permit System

For foreigners residing in Japan, understanding the correct procedures for temporarily leaving and then returning to Japan is extremely important. The standard procedure for leaving Japan is based on Article 25 of the Japanese Immigration Control Act, which involves presenting your passport to an immigration officer at a port or airport and receiving confirmation of your departure.

However, the most critical point to note is that if a foreigner with resident status leaves Japan without obtaining permission to re-enter, their resident status and period of stay will be invalidated upon departure. In other words, if you leave Japan without any preparation, you will have to start over with the visa and resident status acquisition process to re-enter Japan. To avoid such situations, the Immigration Control Act provides two types of re-entry permit systems.

One is the “Re-entry Permit” based on Article 26 of the Japanese Immigration Control Act. This permit must be applied for in advance at the regional immigration bureau that has jurisdiction over your place of residence. There are two types of permits: a single re-entry permit and a multiple re-entry permit that can be used any number of times within its validity period, which can be up to five years within the range of your current period of stay. An important feature is that, in case of unavoidable circumstances, it is possible to apply for an extension of the validity period at Japanese embassies abroad.

The other is the “Special Re-entry Permit” based on Article 26-2 of the Japanese Immigration Control Act. This more convenient system allows foreigners with a valid passport and residence card to be granted re-entry permission without prior procedures by indicating their intention in the designated section of the Embarkation and Disembarkation Card (ED Card) at the airport upon departure. However, the validity period of this system is limited to one year from the date of departure (or until the expiration of the period of stay if it is less than one year), and it cannot be extended while abroad.

Which system to use should be carefully considered based on the length of time you will be away from Japan. The following table summarizes the main differences between the two systems.

An important precedent that demonstrates the breadth of administrative discretion in the decision-making process for re-entry permits is the Supreme Court decision on April 10, 1998 (the case requesting the cancellation of a non-permission for re-entry). In this case, the legality of the Minister of Justice’s decision not to grant a re-entry permit to a permanent resident who refused to provide fingerprints under the then Foreign Registration Law was contested. The Supreme Court upheld the Minister of Justice’s decision, stating that the permission to re-enter should be determined comprehensively, considering the applicant’s residence status, travel purpose, and various domestic and international situations, and that this judgment is entrusted to the broad discretion of the Minister of Justice, who bears the responsibility for immigration administration.

This ruling indicates that even permanent residents, who hold the most stable resident status, do not have an absolute right to re-enter and that this right can be restricted by administrative discretion. Furthermore, the fact that compliance with laws other than the Immigration Control Act (in this case, the Foreign Registration Law) was considered in the decision-making process for re-entry permission is noteworthy. It suggests that Japan’s residence management system evaluates compliance not only with the Immigration Control Act but also with the overall legal order of Japan. For companies, this means that compliance management for their foreign employees extends beyond procedures related to the Immigration Control Act and includes broader responsibilities such as tax payments, social insurance, and other public obligations. An employee’s personal legal issues can directly threaten the freedom of international movement, which is essential for corporate business operations.

Summary: Corporate Global Strategy and Immigration Control Compliance in Japan

As outlined in this article, the Japanese immigration control system is based on a strict legal framework designed to protect the sovereign interests of the nation, and its operation is entrusted to a wide range of administrative discretion. Each stage of a foreign national’s entry, landing, and departure is governed by detailed laws and regulations, and for companies to succeed in their global talent strategies, it is essential to accurately understand and comply with these rules. The essence of compliance lies not merely in preparing application documents but in deeply recognizing the legal principles underlying the system, such as sovereign management, administrative discretion, and the high burden of proof imposed on applicants.

Monolith Law Office has a wealth of experience in providing legal services related to immigration control as discussed in this article to numerous clients within Japan. Our firm includes several English-speaking attorneys with foreign legal qualifications, enabling us to provide meticulous and smooth support that transcends legal and cultural barriers. As an indispensable partner for integrating your company’s global personnel strategies with Japan’s strict legal framework, we offer our specialized knowledge to support your business.