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Q1 Under what circumstances can a person's residence qualification be revoked? Please explain with specific examples.
There are four main types of circumstances under which the Minister of Justice can revoke residence status
(1) Permits obtained through deception or other illegal means.
This applies to situations where permission is obtained by submitting forged or tampered documents or materials, making false statements in the application, or submitting false applications when applying for landing or extension of stay.
(2) The applicant does not engage in activities based on the original residence status, but is currently or is about to engage in other activities.
This applies where a person with Annex I residence status does not carry out the activities that he/she is supposed to carry out and engages in or attempts to carry out other activities without justifiable reasons.
(3) The applicant has not continuously engaged in activities based on his or her original residence status within a certain period of time.
The following situations apply. However, residence status will not be revoked if there are legitimate reasons for not carrying out the activity.
I. The situation where a foreign citizen with a residence status in Annex I of the Immigration Law (such as "Technical/Humanities/International Services", "Technical", "Student Student" or "Family Resident") has not continuously engaged in the original activity based on this residence status for at least three months (six months for "Senior Professional II").
II "Spouse, etc. of a Japanese national" (excluding children of a Japanese national and specially adopted children) I am a spouse or child of a permanent resident" (excluding a child born in Japan as a child of a permanent resident) A foreigner residing in Japan as a "spouse, etc. of a Japanese national" (excluding a child born in Japan as a child of a permanent resident) has not continued to engage in the activities of his spouse for more than 6 months.
(4) The following situations apply if a mid- to long-term resident fails to report his/her place of residence or makes a false report. However, regarding I and II, the provision of revocation of residence status does not apply if there is a reasonable reason for not notifying. A situation where a new mid- to long-term resident who became a mid- to long-term resident through a landing permit or a change of status permit does not notify the Minister of Justice of his or her place of residence within 90 days.
II The situation in which medium- and long-term residents fail to notify the Minister of Justice within 90 days from the date of leaving the place of residence notified to the Minister of Justice.
If medium and long-term residents inform the Minister of Justice that their place of residence is false.
Q2 What is the procedure for canceling residence status?
If the immigration inspector intends to revoke the residence status, the immigration inspector will listen to the opinions of the foreigner whose residence status has been revoked in advance. The foreigner concerned can state his opinions, submit evidence or request to access materials at the opinion hearing meeting. The alien may also request the selection of a representative to represent him/her at the opinion hearing.
Q3 What happens if the foreigner or his representative fails to appear on the appointed date when notified to the Regional Immigration Office?
If the person whose residence status has been canceled or his representative fails to appear on the specified date without justifiable reasons, his or her residence status may be canceled without hearing an opinion. Therefore, if you are unable to show up on the designated date due to illness or other unavoidable circumstances, please contact the regional immigration office in advance.
Q4 Who can represent a person whose residence status has been canceled at the hearing proceedings?
Legal representative , such as a person with parental rights or a guardian of a minor, as well as a lawyer entrusted by a person whose residence status has been revoked, as his representative.
Q5 How will I be notified if a decision is made to revoke my status of residence?
Revocation of residence status is carried out by serving a notice of revocation of residence status. Notice of revocation of status is served by mail to the place of residence of the person whose status is revoked or delivered directly to the alien concerned.
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