Visa expires while applying for status change

Hello!

I'm going to be applying for a status change from work visa to spouse visa, but since my visa expires in 2 months I was just wondering what will happen if the process takes longer than 2 months and my visa ends while I'm still waiting for the application to be processed? Especially since I have quit my job 2 weeks ago since my Japanese husband will now be the one providing for us. And are there any suggestions on what sort of supporting documents aside from photos we can submit to make sure the process goes smoother? Thank you so much in advance.

As long as you apply your spouse visa within time of two month. I think it should be fine, you can get some free advice from immigration lawyer in Japan if you google.

If your current status expires while your application is still being processed, it is automatically extended for up to two months. If it is still being processed towards the end of those additional two months, then you must go to immigration to discuss the situation with them before they are over, otherwise you will be overstaying.

Note also that in your case, since you are on a "work visa" and have left your job, your status could be revoked at any time (the three-month "grace period" was recently eliminated).

When you apply for a change of status they will stamp your passport and add an application number, this automatically extends your period of stay by two months, however Frias is right they could revoke your work status at anytime, but you would still be allowed to stay under a designated activities status. If they still haven't granted your dependent status within the two month extension then you would have to go to immigration for a further extension which would be under designated activities.

I wouldn't recommend an immigration attorney, though they often do free clinics they will basically tell you to talk to immigration. Your issue really isn't worth pay them to do anything, as they will just charge you fees to fill out the forms you yourself can do. The only time you need an immigration attorney is when something is actually denied.

Please check the official webpage for the exact documents needed, but when we applied for change of status from work to spouse of Japanese (for my husband) they wanted to have of course the application form, my guarantee letter, and paper certifying to my income situation.

the three-month "grace period" was recently eliminated

Firas - I hadn't heard about that. What is the new rule?

The new rule is that after you have ceased your activity, they no longer have to wait three months before starting the visa revocation procedure, they can do it at any time. The procedure itself does not change, you stll have an interview with an official where you can "make your case" for why you want to stay in Japan, before they take the final decision.


http://www.immi-moj.go.jp/hourei/h28_kaisei.html

We had heard about that at the University as well, it caused some serious concern among students who would have to leave right away at the end of term. Normally, they finish exams and the term and can stay until the new term on the 3 month grace period.
I would like to point out however that just because immigration can begin the revocation process doesn't mean they are mandated to do so. A part of the reason for the grace period was it reduced the labor capital, and they still don't have the resources to start interviews and revocations immediately for everyone. Our guidance was that this was a discretionary and selective tool for immigration enforcement.

i passed through this situation .
once you submit your documents to the immigration before the expiration of your visa ....you are still consider as person with visa.
so dont worry about it.

Firas - Thanks very much for the link. I honestly hadn't realized that the 3 months had been so official up to now.

Thinking about this again, actually I don't think they can revoke your status during the "extension", because in fact you don't have a status for them to revoke.

To say that your status is "extended" if it expires while your application is being processed is a bit of an oversimplification. Formally, your status is not extended, you are only permitted to stay even though it has expired. (This is one of the few cases where you can legally stay in Japan without a valid status.) And so since you don't have a valid status in the first place, there is nothing for them to revoke. Of course, it's just a technicality: if they want you to leave Japan, they can just say "your application is denied," which has the same effect.

I have to disagree with Firas, your status is probably that of designated activities. However, the issue is moot, if they want you to leave they will as suggested deny the application, otherwise no one's forcing you out of the country.