What should I do if my Certificate of Eligibility is denied? Explanation of re-application.

Even if the application for the COE is not approved, there is a possibility that the issuance will be permitted by applying again.

This time, we will explain what to do if your Certificate of Eligibility is not issued. We will also introduce the main reasons for rejection, so please read until the end.

Re-application is possible even if the certificate of eligibility was denied the first time.

If the COE was rejected, is it impossible to apply for it again?

No, even if the grant is rejected, you can reapply if the cause of rejection can be resolved.

Unless there are special circumstances, such as lying and falsifying information or being denied entry into Japan, there is a possibility that your application will be permitted.

However, if your application is rejected, the examination will be even more severe, so it's best not to have to reapply.

If you wish to reapply, you must collect and prepare the same documents as when you applied for the COE. It is possible that more documents may be required to resolve the cause of your rejection.

The time and expense of collecting, preparing, and reviewing the documents will be consumed by the reapplication if the application is not granted the first time.

In order to reapply more quickly, the reasons for possible rejection should be resolved.

Let's review the following section to resolve the reasons for possible rejection so that your reapplication will be successful.

It is important to fix the problem that caused your rejection

When you decide to reapply, the important thing is the reason why it was rejected. If the problem can be resolved, there is a possibility that you will be approved by reapplying.

The reason for the rejection of the COE is written in the "notice of non-issuance of the certificate of eligibility", but the content of the rejection explanation is only a simple sentence. It would be difficult to understand exactly what the problem was and figure out how to solve it just by looking at the rejection notice alone.

Therefore, it is necessary to go to the Immigration Bureau to ask the reason for the rejection. Since you can only go to the Immigration Bureau once to ask the reason for the rejection, it is advisable to go to the Immigration Bureau with as good an understanding of the Immigration Law as possible.

Going to Immigration to ask about your rejection

You can go to the Immigration Bureau only once to ask about the reason for the denial of the COE. Check who can go to the Immigration Bureau and what documents are required, and make sure you are in good shape for the hearing.

Why do I have to go to the hearing?

The most important factor in reapplying is the cause of the rejection. Unless you know the cause, you will not be granted the COE even if you blindly reapply.

The reasons given in the "notice of non-issuance of certificate of eligibility," which notifies the applicant of rejection, are simple and not specific, making it difficult to use them as a reference for improvement.

Therefore, it is essential to go directly to the Immigration Bureau to ask the reason for the denial of the COE

Since you can only ask the Immigration Bureau the reason once, be sure to record what is explained to you so that you don`t miss anything.

However, it is extremely difficult to understand everything in a place where immigration laws and other specialized topics are discussed. Some staff members who explain things to you will explain them in detail, while others will be brief.

It would be a waste if you have only one chance to understand something and end up not fully comprehending it. If you are uncertain or not confident in your Japanese, request the presence of an administrative scrivener (行政書士) who has expertise in the field.

By having an administrative scrivener present, you can pursue the cause of the problem in detail and receive advice on the spot.

Go by yourself or by proxy.

The following people can go to the hearing.

Not only the applicant themselves but also legal representatives and intermediaries can attend the hearing.

When the applicant goes to ask the reason for denial, it is a good idea to reconfirm the requirements for the status of residence and check whether there are any problems with the content of the documents originally submitted.

During the hearing, it is likely that there will be some discussion about laws and regulations. If the applicant is going alone, it is recommended that they understand the Immigration Law as much as possible before attending the hearing.

Things to bring

When you go to the Immigration Bureau, you will need to bring the following items.

• ・ Notification of non-issuance/non-permission

When you go to ask about the reason for non-issuance, you will need the original notification of non-issuance of the Certificate of Eligibility.

The notification contains a brief explanation of the reason for denial in 2-3 lines.

• ・ ID card

The following IDs are required when you go to hear the reason for rejection.

If someone is going on your behalf, they will need a power of attorney, so don't forget to sign it and have them take it with them.

• ・Copies of the complete application documents

The following explanation is divided into three categories: cases where there are photocopies, cases without photocopies, and whether or not there is enough time.

・If you have a copy of the application documents

　Bring a copy of the set of documents you submitted at the time of application.

・If you do not have a copy of your application (only if you have enough time)

　You can ask the Immigration Bureau to send a copy of your application package by mail.

　The procedure is as follows.

Send the form to the immigration office where you wish to apply.

You will then receive the documents.

It takes about 2 weeks to 1 month to get it by mail, so if you have time to spare, make sure to apply.

・If you do not have a copy of the application documents (and do not have enough time)

　If you can`t prepare it in time, just go to the hearing without it.

When applying the first time, always make a copy of all of the documents you plan to submit. This way, in an emergency, such as your application being denied, you have a reference you can easily access.

If you are asked to submit additional documents during the examination period for your application for COE, you will receive a "Document Submission Notification". In that case, when you go to the Immigration Bureau to ask the reason for the denial, you need to bring the document submission notification as well.

Examples of major causes of rejection

The following are examples of the main causes of denial of COEs. The cause may differ depending on the type of status of residence, so please check carefully.

International marriage

First of all, just because you got married doesn't mean you can live in Japan. In some cases, if the person inviting you to Japan does not have enough income to support you, or if the person being called has had problems with past immigration statuses, there is a high possibility that the application will not be granted.

Examiners strictly scrutinize the application to ensure that it is not a sham marriage. Since there are people who enter into sham marriages for criminal purposes such as migrant business or human trafficking, the examiners are very strict in their judgment to avoid such problems.

Specific cases of denial include the following.

If you are married to a Japanese national or a permanent resident and obtain a spouse visa, there are no restrictions on the type of work you can do. Normally, if you work in Japan, you are only allowed to engage in work that falls within the scope of activities of your status of residence.

This is why some people enter into a sham marriage in order to work freely in Japan. If the fake marriage is discovered, they will be arrested and face criminal penalties.

We understand that those who married each other out of true love may be upset at being suspected of a sham marriage, but please fully understand that this is the background of the situation.

Work Eligibility

There are two types of people who are denied work eligibility: those whose problems lie with their application and those whose problems lie with the company.

The problem with the applicant is as follows.

Patterns where the problem lies with the company are as follows.

Other

Immigration also determines whether or not to grant permission from various other aspects depending on the type of status of residence, such as the actual status of overseas work if it is an intra-company transfer or the ability to support dependents.

We also conduct a thorough examination of the company employing the foreigner, such as its tax payment status and whether it is in violation of the Immigration Control Act or labor laws.

Be careful when reapplying for a Certificate of Eligibility

If the Certificate of Eligibility is denied, there is a possibility you may be subject to stricter examination when you reapply. Here are some things to keep in mind when reapplying.

The points of rejection vary depending on the type of status of residence.

For example, if you are applying for a work visa, the work you are engaged in must fall within the scope of activities allowed under your residence status. Check the application documents again and pick up any problems.

When you go to ask the reason for denial, be sure to confirm the following points.

It is difficult to make a general statement because the reasons will vary depending on the denial, but it is a good idea to ask these questions.

As long as the cause is resolved, re-application is almost always successful.

So, check your application thoroughly and carefully.

Having an expert assist you will make it easier to get your application approved.

Even if you go to recheck your application documents or ask why your application was not approved, you may not know how to improve it without expertise. Therefore, seek the help of an expert.

Contents that can be requested from experts such as administrative scriveners

Etc.

Since you can only go to the Immigration Bureau once to ask the reason for rejection, even if they do not accompany you, they can give you professional advice on what questions you should ask, so you can make more meaningful use of the time you have to go to the Immigration Bureau.

When reapplying, it is also important to be consistent with the previously submitted application documents. It can be very difficult to maintain consistency and, if there are differences, to prepare and attach documents to prove the reasons for the differences.

By hiring an experienced Immigration Lawyer (行政書士), you can proceed with such complicated work in consultation.

It is possible to go to court.

It is possible to file a lawsuit against non-issuance, but for the following reasons I can`t recommend it.

Prosecution for rejection would be against the Japanese government.

A trial is not a simple one that can be finished in a day, so it requires a considerable amount of time and money.

If the reasons for non-issuance can be resolved, a certificate of eligibility can be issued. Therefore, unless there is something wrong, it is better to focus on the reapplication instead of trying to fight it in court

Summary

In this issue, we have explained how to reapply for a Certificate of Eligibility when it has been denied. If your Certificate of Eligibility has been rejected, it is important first to ask the reason for the rejection and see if there is anything you can do to improve the situation.

Once the application has been rejected, the applicant's consistency with the previously submitted documents will also be checked when reapplying, making the screening process more difficult. If you blindly reapply, you will consume time and effort to no avail, so be sure to take proper measures before reapplying.

If you are unsure, ask an administrative scrivener with expertise to accompany you to the hearing and support you in the preparation of subsequent documents.