I. Will a foreigner living in Japan lose its visa status, if the foreigner or the visa holder departs from Japan ?
Immigration Control and Refugee Recognition Act ("ICRRA", hereafter) defines that the visa status should be determined along with the period of the stay, when an immigration examiner permit the landing by the foreigner.
It can be thought that the visa status should be principally revoked after the foreigner or the visa holder departs from Japan, although ICRRA does not define so clearly.
It can be said because ICRRA defines that the secretary of the immigration services agency of Japan ("ISAJ", hereafter) can permit a re-entry based on the application from a visa holder and that it is not necessary to determine the visa status and the period of the stay when the visa holder returns to Japan, as effect of the re-entry permit.
In other words, the visa holder shall lose its visa status if the visa holder departs from Japan without getting a re-entry permit and it is necessary to re-obtain a permit for the new visa status in order to continue the living in Japan in such a case.
II. How to go abroad without losing the visa status.
A. Re-Entry Permit
The first way is to go abroad after getting a re-entry permit.
ICRRA defines that it is possible to get a re-entry permit by applying to the secretary of ISAJ when a visa holder wants to depart from Japan with a will of returning to Japan.
When the secretary of ISAJ permit the re-entry, it is necessary to determine the validated period within or equal to five years.
B. "Deemed Re-Entry Permit"
The second way is called as a "deemed re-entry permit.
A visa holder who carries a passport and a residence card can be treated same as a visa holder who has got a re-entry permit, when the visa holder has expressed the will of returning to Japan to a immigration examiner in accordance with a regulated procedure and returns to Japan within one year or equal to one year after the departure and also before the maturity of the visa.
III. Procedures to go abroad without losing the visa status.
A. Procedure of Departure with Re-Entry Permit
It is necessary to apply to a regional immigration services bureau in accordance with ICRRA and related regulations which govern the place of living of the visa holder and to get a re-entry permit before departing from Japan.
An immigration or visa lawyer can apply for a re-entry permit on behalf of a visa holder.
It is principally possible to get the result on the day of filing the application.
If the application is permitted, a stamp of a re-entry permit shall be put on the passport, basically.
On departing from Japan, it is necessary to fill out a so-called ED card and to submit a part of "EMBARKATION CARD FOR REENTRANT ① 【DEPARTURE】" to an immigration examiner with checking that it is a temporary departure and planned to return to Japan.
B. Procedure of Departure as a "Deemed Re-Entry Permit"
It is not necessary to go to a regional immigration bureau before the departure.
On departing from Japan, it is necessary to fill out a so-called ED card and to submit a part of "EMBARKATION CARD FOR REENTRANT ① 【DEPARTURE】" to an immigration examiner with checking that it is a temporary departure and planned to return to Japan.
