Is it ok to be guarantor for your friend’s PR application?




May, 2022, the Immigration Services Agency of Japan(出入国在留管理庁) announced that the required documents for PR applications(永住許可申請) would be changed. Previously, the authority ask the applicants to collect the following documents regarding the guarantor.


a. Letter of guarantee

b. Employment certificate

c. Withholding slip or Income certificate

d. Residence record


But now, the authority just ask the applicants to submit the following documents


a. Letter of guarantee

b. Copy of ID card(like residence card) of guarantor


Now the Immigration authority in Japan ask only 2 documents. The guarantors don’t have to prepare many documents. That will be helpful when applicants try to find the guarantors for their PR applications.

But you still wonder if there is no issue occurred by becoming guarantors for PR applications. There is little information published from the government regarding guarantor. In this article, I’ll explain the role and responsibility to be a guarantor for PR application.


There is no written rule regarding guarantor


If you see the Immigration law in Japan, you could not find the word, “guarantor”. The only rule which state regarding guarantor is Immigration Control and Refugee Recognition Act Enforcement Rules(出入国管理及び難民認定法施行規則)which ask the applicants to submit letter of guarantees written by guarantors who live in Japan.

Except for this closure, there is no written rule or guideline made by lawmaker or government regarding guarantor for PR application.


Practical requirement for PR application


But if you see the inspection by Immigration authority, you could find that there are unwritten requirements regarding the guarantor. At least, the Immigration authority requires guarantors to be Japanese citizens or Permanent Residents. Previously, they also required guarantors to have decent job and income. That was why they also asked for income certificate and employment certificates regarding guarantors. But now the authority does not requires such documents. I’ve asked Tokyo Regional Immigration Services Bureau. The officer told me that they generally does not inspect income regarding guarantor now.


Role of guarantor


There are some clients who asked me whether there is any legal risk for becoming a guarantor for PR application. If you see the letter of guarantee, you might feel that there might be legal responsibility guarantors have regarding PR applicants. Let me provide answers based on laws and practical handling by Immigration authority.

For guarantor, there is no legal responsibility which force guarantors to pay money for PR applicants. Since the responsibility of guarantor is considered as ethical responsibility, The Immigration Servies Bureau might ask you whether you could pay cost for PR applicants to go back to their home country in case the guarantors loose PR status and have to go back to their countries. But you could refuse to pay the cost. And the government has no way to cease your property.


What you should care


So, there is no legal responsibility for being the guarantor. I think it’s ok to be a guarantor if you think the applicants is credible so that you could share your information.


Daichi Ito



 

Are you considering for PR application?


We are the Immigration specialists who handle applications for Permanent Residence in Japan(永住許可申請). We work as agents for PR applications to the Immigration Services Bureaus(出入国在留管理局). We provide in person consultation in the following conditions.


Place:Shinagawa,Yokohama and Kamakura

Fee:5,000 yen per 30 minutes


We also offer consultation through e-mail and video conference for free. If you would like to check whether you meet the requirements for Permanent Residence, please contact with us.


Daichi Ito

行政書士鎌倉国際法務事務所


daichiito@kamalegal.com


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