A. Let you start by listening to the reasons for the rejection

Hi, I'm Daisuke Tsuji, a Gyoseisyoshi specializing in immigration office work at Shinjuku Takadanobaba.
I explained the meaning of the postcard that came from the Immigration Office in this article（https://visa4you.tokyo/index.php/faq/item/59-nyuukann-hagaki）.

Well, I will explain that if the postcard is likely meaning a rejection or, you received a notice of rejection when you go to the Immigration, what do you have to do.
（This commentary cannot be applied directly to "a permanent residence application"）

First of all, the pattern is divided into whether it is during the special-period or not, so please check it.
The special-period is the period when you apply for extension or change and during the judgment, your expired period is over, but up to the timing the result will be notified or 2 months after the expired limit, you have will continue to live in Japan.

０、not during the special-period, in case that the period of stay still remains

Basically, you will only receive a disapproval notice at this time.
Therefore, you can stay legally until your current period of stay.

However, if you want to reapply, you need to make it by the expiration date.
If the time until the period of stay is short, a quick response is required.

Please refer to "2" for the guideline for reapplication.

１、during the special-period

The special period ends at the moment of receiving a disapproval notice.

Therefore, the situation would normally be overstayed at that point, and you would have to be accommodated immediately.

In order to avoid such a situation, the Immigration Office recommends foreigners remedy for those who are denied permission during the special-period.
That is to switch the original application to a change application to a "specific activity" (usually called a departure preparation visa) .

The original application was an extension or change application.
Especially, it is to switch to a change application to "specific activity (preparation for departure)".

It's easy to do, just sign on one-page document to switch applications and pay a change fee of 4000 yen.

Doing so, the Immigration office gives you 30 days for specific activities (preparation for departure).
However, at this time, you will no longer be a medium- to the long-term resident, so you will not have a residence card.
At this point, you will no longer be a resident, and after a certain period of time, the government office notified by the Immigration Office will erase your name from a resident record.

The problem is the exquisite period setting of 30 days.

Because in 30 days, there is no specific-period.
(Sometimes "31 days" one  may be granted for immigration in Tokyo, but this is a very special case.)

In other words, because there is no special-period, so even if you will be re-applying, you have to leave Japan in 30 days later.
Of course, if the immigration Office also accepts the re-application, the judge will be processed as a limited express, but even so, the time is not infinite.

Therefore, you should reapply immediately after receiving a notice of disapproval and changing to a specific activity (preparation for departure).

２、Strategies for reapplication

"What should you do to reapply? ", regarding that, I will explain my own guidelines (which experts think so).

First, when you receive a disapproval notice, you need to determine the reason for the disapproval in detail.
Roughly speaking, there are two requirements for applying for change or extension of resident status.

It is about whether or not one's activity is applicable to the resident status (eligibility of resident status) and how one has stayed in Japan (equivalence in a narrow sense).

The fact that the application was disapproved means that you have to ask the examiner whether (1) you cannot meet the conditions for the activities of the resident status, or (2) your status of residence in Japan is bad.

①If the only reason for disapproval is that you did not meet the resident status

If the reason for the disapproval is only the eligibility of the status of residence, you have to ask the examiner why you did not meet it.

For example, the salary may be low, the management of the company may not be stable, the content of your job may be different, and so on.

If the examiner misunderstood or made a false decision due to a lack of materials, reapplying will be easier.
This is because you can add materials that will resolve the misunderstanding and then reapply.

On the other hand, if it is difficult to eliminate the cause of the disapproval, unfortunately, you cannot reapply.

The business situation of the company cannot be changed from the past, and changing the content of the job may be difficult depending on the type of business.
At this time, of course, you can add additional materials and a re-application will be accepted, but you need to have considerable preparation and logic, and still be prepared to disapprove.

②If the reason for disapproval is simply that your living status has been bad.

Unfortunately, if the reason for disapproval is only a matter of equivalence in a narrow sense, there is little hope of reapplying.
This is because past poor residence cannot be recovered by adding any materials.

For example, if you didn't spend most of your period of stay in Japan, there's nothing you can do about it.
For example, if an international student works part-time too much and works more than 28 hours a week, it will be very difficult.

In such cases, it is necessary to sincerely reflect on the past and make a pledge toward the future.
However, you knew it before the application, so you should have been able to handle it at the time of the application.

The cost of not doing what you should do is huge.
Therefore, in the case of re-application, there is a high possibility that nothing will work, and in that case, there is no choice but to go out from Japan.

The good news, though, is that returning home doesn't mean it's over.

This is because you can basically come back as long as you meet the resident status.

The reason is that you only have to apply for a Certificate of Eligibility application (called a COE application).
This is because, in principle, there is no requirement of the "equivalence in the narrow sense" for a COE application.

In other words, the poor resident situation in Japan up to now has been reset and a COE application will be examined.

Of course, even when applying for a COE, it will be necessary to reflect on the past poor residence.
However, basically, a COE application is judged only for those related to the resident status.
They can not see your poor living status.

If the COE application is successful, a COE paper will be issued.
If you take this COE to the Japanese embassy in your home country, you can apply for a visa and re-enter Japan.

Therefore, in the case of (2), instead of reapplying for extension or change within 30 days of preparation for departure, you should start over from the beginning and prepare for a COE application.

In the case of a COE application, the cooperation of the host organization (company, school, etc.) and the host (spouse, etc.) is required.
If the host organization will help you with that, be sure to prepare and submit the COE application documents.

This can be done within 30 days of preparation for departure, so you can apply for a COE and then return to your country to wait for the COE to be issued.

In conclusion, after asking  the immigration examiner for the reason in detail, and then

If the reason is related to the resident status itself, you can recover it and reapply,
and if it is related to poor residence, you can switch to the strategy of applying for COE rather than reapplying.

３、Conclusion

As mentioned above, depending on whether or not you are during the special-period, it is different that you will get a specific activity (preparation for departure) or not.
Also, the time left until the subsequent reapplication is different.

Not a special-period →  the resident card is as it is + Re-apply until its expiration date
During a special-period, → the residence card disappears + Re-apply promptly

Then, whether or not to reapply is OK is determined by where the reason for disapproval is, as mentioned in 2, and whether or not it can be recovered.
This cannot be done without the ability to hear the detailed reason from the immigration examiner.

You couldn't meet the resident status → If it could be recovered, you could prepare materials and reapply
You have a bad resident situation. → the recovery is basically difficult, so you switched to a COE application.

When the Immigration Office decides on a permit, they don't feel so nervous (in my impression).
This is because no one will appeal for immigration if the permit is decided.

However, if a decision of disapproval is made, a person who is dissatisfied with it can file a proceeding.
Therefore, assuming that they have been sued, they will not disapprove unless there is enough reason based on proper laws and regulations.

This means that once the decision of disapproval is made, it is useless to reapply unless the reason why the immigration is overturned.

Therefore, the most important thing is to understand the reason for the immigration denial.
And it can not be known in detail from the disapproval notice etc., but only by hearing from the examiner.

You should think that preparations for reapplication begin from the moment of the disapproval notice.

First, you should have the proper materials (what you need is written on the Immigration homepage) when you first apply.
Often, I see people who have only a passport and a residence card in the Immigration Office, take a picture there, write an application form, and apply with zero materials.
This is very dangerous.

Secondly, if you are denied permission, it is an absolute requirement to hear the reason for the permission in detail.
From there, you can stand on the starting line for reapplication.

Our office also offers a variety of services, from consultations for postcards with a high possibility of disapproval, consultations with accompanying to hear the reasons for disapproval, consultations on strategies for reapplication, and actual reapplications.
Even if the application was not permitted, please do not give up and consult.

However, reapplying has a fixed reason for disapproval, so it takes time to turn it over.
The fee tends to be higher than a normal application due to the additional effort.

It is best to prepare properly from the beginning, consulting with an expert, and then apply.