Guarantor for Permanent Residency, Japan
I would like to ask my Japanese boss to be my guarantor for Permanent Residence Application.
Many Japanese people avoid becoming “保証人” of something. Please explain it well and make the details understood.
How to ask for your PR guarantor
When applying for Permanent Residence (PR), you must have a “guarantor” according to the Immigration Law. The guarantor must be a “Japanese” or “permanent resident status” who has enough income and 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 PR.
Requirements to be a Guarantor
Only “Japanese nationals or permanent residents” can be used as a guarantor for PR application. Usually, your boss, colleague, friends or your spouse will be your guarantor.
Your guarantor is required to have stable income in Japan. 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. (※Documentary Requirement for PR)
Required documentation has been reduced significantly.
・Copy of Driver’s license, 在留カード
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 loan 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.
Continental will explain the PR Guarantor system to your guarantor by phone or online.
Learn more:Self-Application for Permanent Residency in Japan: Understanding the Risks
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 Planner)
Master of Business Administration in Entrepreneurship (Hosei Business School)