When a foreigner applies for permanent residence,A guarantor is required.
However, many guarantors have a negative image, and many people dislike it even if they are actually asked.
This time, we will explain what you need when applying for permanent residence."Guarantor"I will explain.
What is the guarantor for permanent residence application?
In order for a foreigner to apply for permanent residence in Japan, he / she must have a guarantor.
However, this is only a set system, and the Immigration Bureau of the Ministry of Justice does not make public the reasons why a guarantor is required.
In other words, "I don't know why, but it's necessary for the system, so please become my guarantor."That's it.
Because of such a system, it is unavoidable to feel uneasy.
In reality, a guarantor does not have much responsibility, and is very different from, for example, the ``guarantor of a debt'' that we think of when we hear the word guarantor.
Because,There is no legal responsibility for the guarantor of a permanent residence application.
So how is it different from a regular guarantor?
I will explain in more detail from the next section.
Details of identity guarantee for permanent residence
First, let me explain the contents of the personal guarantee.
When a foreigner applies for permanent residence, he / she must sign and seal the guarantor on the guarantor and submit it to the admission.
The following three items are guaranteed by the identity guarantee.
- hotel expenses
- All expenses for permanent residence applicants to stay in Japan
- Return travel expenses
- All expenses in case the permanent residence applicant returns to his/her home country
- Compliance with laws and regulations
- Permanent residence applicants do not violate social norms such as laws and orders.
Looking at these alone, it seems that all the guarantors have to take over.
More and more people will not want to be a guarantor.
In fact, the guarantor is responsible for the permanent residence applicant's continued living in Japan after the application is submitted.We must guarantee the above three costs and legal compliance..
Of course, most foreigners are seriously thinking about living in Japan, so such concerns are likely to be unfounded.
However, you are wondering what kind of responsibility the guarantor will take in the event of an actual incident.
Responsibility of the guarantor for permanent residence application
First of all, from the conclusionThe guarantor will not be subject to any legal penalties against the applicant.
This is because the position of the guarantor is"moral responsibility"And in case“If a permanent residence applicant is in trouble, we will help them.”Because it's like a promise.
for that reason,There will be no liability if you do not fulfill your promise.
It is completely different from the "guarantor of debt", which is the representative image of the word guarantor.
Civil guarantors, including guarantors of debt, have the "shoulder" aspect of the guarantor taking on the debt on behalf of the creditor if the debtor fails to meet its obligations.
Therefore, the guarantor's responsibility for the debt of the debtor is very large.
on the other hand,The guarantor for a permanent residence application is not legally responsible and cannot make any such claims.
For example, even if a permanent resident applicant does not have the money to live, he cannot claim the money from the guarantor.
Of course, from the Immigration Services Agency (Immigration Bureau)Unable to issue payment order to guarantor.
Also, if the applicant for permanent residence violates the law, the victimYou cannot claim compensation from your guarantor.and go to courtImpossible to force compensation.
In this way, the guarantor's responsibility is"moral responsibility"However, there is almost no responsibility towards permanent residence applicants.
However, if you do not comply with the warranty,There is a high possibility that the person will be judged to be unsuitable as a guarantor for future immigration/residency applications for foreigners and will lose social credibility..
A person who can be a guarantor for permanent residence
What kind of person can be a guarantor for permanent residence?
Of course, not everyone can be.
A person who can be a guarantor must meet the following three conditions.
- ・ Japanese or foreigners who have already lived permanently
- ・ Have a stable income
- ・ Fulfilling tax obligations
As mentioned above, becoming a guarantor is not a difficult condition if you work diligently.
If the guarantor stays in Japan for a shorter period of time than the applicant for permanent residence, he / she may not be able to fulfill the contents of the guarantor, so is he / she eligible to stay in Japan longer than the applicant? It is natural to base it on.
As for income, it is OK as long as you have a stable and regular income, so there is no limit on how much your annual income is, for example.
Regarding tax obligations, not all tax items have been checked, and as long as you pay the residence tax without delinquency, there will be no problem.
As mentioned above, there are several conditions for being a guarantor, all of which you will naturally meet if you work diligently.
Summary of guarantors for permanent residence application
A guarantor for a permanent residence application is a guarantor with no legal liability and only moral responsibility, unlike a civil guarantor such as a guarantor for debt.
Therefore, even if a permanent residence applicant is in financial trouble or causes some kind of incident, he or she will not be penalized in any way.
There are three conditions to become a guarantor, but all of them naturally meet if you live and work in Japan.
After understanding the contents, let's confide your worries about the guarantor.
If you have any concerns regarding a guarantor, please read this column or feel free to contact us.
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