東京都港区のコンチネンタル国際行政書士事務所 │ 外国人の方の起業支援・就業・雇用に強い

外国人の方の「起業支援」「日本での就業・雇用」に強い、コンチネンタル国際行政書士事務所

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Guarantor for Permanent Residence

I would like to ask a Japanese boss to be my guarantor for permanent residence application. But, I’m not sure if he/she will accept the guarantor.

Many Japanese people avoid becoming a “guarantor” of something.Please explain it well and make the details understood.

 

How to ask a guarantor for your permanent residence application

When applying for permanent residence, you must have a “guarantor” according to the Immigration Law. The guarantor must be a “Japanese” or “permanent resident” who has a certain level of income and has complied with his or her tax obligations.

However, if the implications of this “personal guarantor” in the immigration law are not accurately explained, it will be confused with the cosigner of the debt (civil law). As a result, you may be refused by the Japanese who have asked you to be a guarantor.

The following is an explanation of the guarantor for permanent residence.

 

Requirements to be a guarantor

Only “Japanese nationals or permanent residents” can be used as a guarantor for a permanent residence application. Usually, the president of the company, your boss, a colleague, or your spouse  will be your guarantor.

Your guarantor is required to have a stable income in Japan. The guarantor should have an annual income of at least 3 million yen.The guarantor is also required to meet his or her tax obligations.

Therefore, if the guarantor is a business owner or sole proprietor, be careful about his income and tax payment status. If their income and tax obligations are not met, it can be a reason for disallowance.

Responsibility of the guarantor

The guarantor submits a “Letter of Guarantee” to the Minister of Justice in which he or she guarantees the applicant’s living expenses, costs of returning home, and compliance with the law.

However, the guarantor under the Immigration law is a moral responsibility and has no legal responsibility. In other words, the guarantor is not legally obligated to pay the cost of your stay and return home, and has no responsibility for violating the legal obligations of the guarantor as well as supervisory responsibilities.

 

※How to make a letter of guarantee

However, the guarantor who could not accomplish the moral responsibility as a guarantor cannot become a guarantor for another foreigner after that.

If you cannot find a guarantor, there are some companies that will introduce you to a guarantor. However, in that case, the Immigration Bureau will know that the guarantor company has prepared a guarantor and it will have a negative effect on the examination.

 

 Required Documents for Guarantor

The guarantor will need to provide the following documents. These documents are used to assess the guarantor’s income, tax status, and relationship with the applicant.(※Documentary Requirement for PR

Letter of Guarantee
・Jyumin hyo (住民票)
・Kazei shoumeisho (住民税の課税証明書) :Past 1year
・Nouzei shoumeisho (住民税の納税証明書) :Past 1year
・Certificate of Occupation
Employee:Certificate of Enrollment(在籍証明書)
Business Owner:Toukibo Touhon(登記簿謄本), Tax declaration form & F/S(直近期の税務申告書&決算書)
If the guarantor does not want the applicant to know his or her income, the guarantor can send the taxation certificate and other documents directly to our office.

 

Letter to ask for a guarantor(日本語)

Usually, when you ask someone to be your “guarantor”, they tend to misunderstand that they are the co-signer when you borrow money. The role of the personal guarantor in the immigration law” is different from the guarantor of the debt.

It is often refused to become a guarantor if it is not possible to explain about them firmly. It becomes easy to get the understanding if the explanation is done based on this letter.

 

(ご参考)
【永住申請における身元保証人についてのご説明】

 

If your guarantor refuses

There are a lot of cases where the applicant refuses to explain to the guarantor about “Responsibility of the guarantor” because understanding is not obtained.

If you ask an immigration lawyer to explain to your guarantor directly about the responsibilities of the guarantor, many cases, and the confidentiality of the required documents (which should not be disclosed to the foreigner), your guarantor will often become your guarantor.

In many cases, a Japanese person who is a guarantor will want to hear from a specialist, even if he or she understands the contents of the application.

We are happy to explain the guarantor system for permanent residence applications to your guarantor over the phone or by other means, for those who have applied for permanent residence.

(併せて読みたい:永住を自分で申請するリスク・自己申請するリスク)

 

Professional

Masakazu Murai
Immigration consultant, Financial advisor
18 years experience in Investment Banking at Mitsubishi UFJ Morgan Stanley. He had provided financial advisory more than 500 entrepreneurs and senior management.

During his tenure, he worked as an employee union executive committee member in promoting diversity, including the active participation of foreigners and women in the workplace, and engaged in activities to improve the working environment. He specializes in consulting and financial consulting on the status of residence for foreigners.

Gyoseishoshi Immigration Lawyer
CMA(Japanese financial analyst license)
CFP (Certified Financial Pllanner)
Master of Business Administration in Entrepreneurship(Hosei Business School)

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