## 3 Pre-entry Examination

## (1) Advance Consultation for Issuance of Visas

Although the Ministry of Foreign Affairs is the ministry which has jurisdiction over the issuance of visas, since possessing a valid visa is one of the conditions for landing, the issuance of visas is strongly tied to immigration control administration.

For this reason, the Ministry of Foreign Affairs, which has jurisdiction over the issuance of visas and the Ministry of Justice, which has jurisdiction over immigration control, liaise and coordinate over the entry of foreign nationals, and the Ministry of Foreign Affairs consults with the Ministry of Justice on the individual visa applications where necessary. Accordingly, the Ministry of Justice examines whether the activities which the foreign national intends to engage in while in Japan conform to one of the statuses of residence described in the Appended Table of the Immigration Control Act, thorough examining the submitted documents, and hearing about the circumstances from a representative of the organization in Japan that plans to accept the foreign national. In addition, with regard to a foreign national who intends to engage in particular activities, the Ministry of Justice examines whether the foreign national complies with each of the conditions for landing stipulated in the Ministerial Ordinance on Criteria and subsequently provides an answer to the Ministry of Foreign Affairs as to whether or not it is appropriate to issue a visa to the foreign national (Chart 24-1).

## (2) Certificate of Eligibility

In principle, a foreign national is required to obtain a visa at a Japanese embassy or consulate abroad before coming to Japan. The visa will not be issued unless the visa application documents submitted abroad have been sent to Japan, examined in Japan, and an opinion has been given to the embassy or consulate, except in cases where a visa may be issued solely upon a decision made by the embassy or consulate abroad such as in cases relating to the status of residence of “Temporary Visitor”. For this reason, a considerable amount of time is required from the time of the application being submitted to the time of a visa being issued.

Therefore, in order to simplify and facilitate the entry examination procedures, a system of certificates of eligibility was established through the amendment of the Immigration Control Act in 1990. When a foreign national him/herself or an other agent, applies for a certificate of eligibility for a status of residence (except for “Temporary Visitor” and “Permanent Resident”) in Japan beforehand, the Director of the Regional Immigration Bureau examines in advance whether the foreign national is eligible for the applied status of residence. When the foreign national intends to engage in specific activities, the Director of the Regional Immigration Bureau examines whether or not he or she meets the conditions for landing stipulated in the Ordinance on Criteria. If he or she is judged to be eligible for the status of residence and meets the conditions for landing above-mentioned, the Director of the Regional Immigration Bureau issues a certificate of eligibility, which will enable the foreign national to smoothly acquire a visa and permission for landing through presenting the certificate (Article 7-2 of the Immigration Control Act).

This procedure enables the saving of time needed for the sending of documents, and also enables speedy entry examination procedures, since all the procedures for pre-entry examination are carried out in Japan, unlike the system of advance consultation for issuance of visas (Chart 24-2).