Validity of Old Forms When the Letter of Guarantee Format Changes#

In the process of applying for a status of residence (visa) in Japan, the “Letter of Guarantee” (Mimoto Hoshosho) is a crucial document often required by the Immigration Services Agency of Japan (ISA). The format of this document is subject to change due to amendments in laws or the digitization of administrative procedures. A common concern for applicants arises when the official form is updated while they are in the middle of preparing their application: Is the old form, already signed by the guarantor, still valid? Or must it be re-signed using the new format? This article provides an objective explanation of the validity of old forms, based on the principles of the Japanese immigration system and practical administrative procedures.

Understanding the Principles Behind Format Changes#

To assess the validity of an old form, it is first necessary to understand why the ISA updates its forms. The primary reasons for revisions usually include:

1. Legal Amendments: Changes in the Immigration Control and Refugee Recognition Act or the Civil Code may alter the scope of the guarantor’s responsibilities.
2. Administrative Simplification: For example, the movement to abolish the requirement for personal seals (hanko) in administrative procedures led to the removal of the seal column in many documents.
3. Clarification of Information: Minor adjustments may be made to clarify contact details or guarantee terms to streamline internal processing.

The general rule in Japanese administrative procedures is that when a new form is established, the new format should be used. However, if the changes are minor or the transition period is short, the authorities may grant a grace period during which the old format is accepted.

When Old Forms Are Definitely Invalid#

While not all old forms are immediately rendered void, there are specific scenarios where using an outdated form will almost certainly result in a request for correction or rejection of the document.

1. Substantial Changes to the Guarantee Content (Pledge Items)#

The Letter of Guarantee is a contract-like document where the guarantor promises to take specific responsibilities regarding the applicant’s stay in Japan. Typically, these include providing financial support for living expenses, covering repatriation costs, and ensuring compliance with Japanese laws.

If the new form modifies these pledge items—for instance, by adding a new responsibility or changing the legal nature of the guarantee—the old form is considered invalid. This is because the guarantor signed the old form agreeing to the old terms, not the new ones. Submitting an old form in this context means the guarantor has not formally agreed to the current requirements demanded by the Japanese government.

2. Lack of Mandatory Information#

If a new form introduces a new mandatory field (e.g., a specific email address field or a more detailed classification of the relationship), the old form will naturally lack this space. Submitting a document with missing mandatory information is treated as a formal deficiency.

The Case of “Seal Abolition” (Practical Precedent)#

A significant recent change was the removal of the obligation to affix a seal (hanko) on the Letter of Guarantee. Observing how this was handled provides insight into immigration practices.

When the requirement for seals was removed, applicants who submitted the old form (which had a space for a seal) either with or without a seal were generally accepted, provided the text of the guarantee had not changed. In this case, because the revision was intended to reduce the burden on the public and did not alter the substance of the guarantee, the immigration examiners exercised flexibility.

However, it is crucial to understand that this was a specific instance of leniency regarding a procedural simplification. It does not guarantee that future changes will be treated with the same flexibility.

Risks of Submitting Old Forms#

Some applicants, reluctant to ask a guarantor (who might live far away) to sign a document again, consider submitting the old form. It is essential to weigh the following risks:

Risk of Delayed Processing#

The most significant risk is a delay in the examination process. If an examiner determines that the old form is unacceptable, they will issue a “Notice for Submission of Additional Documents.” The applicant will then have to obtain the new form anyway and mail it to the immigration office. This back-and-forth can add weeks to the processing time. For applicants on a tight schedule, this delay can be critical.

Impression on the Examiner#

Using the correct, most up-to-date forms demonstrates that the applicant is diligent, well-informed, and respectful of Japanese immigration procedures. Conversely, submitting an outdated form might suggest a lack of attention to detail or reliance on old information. In immigration screenings, where the credibility of the application is paramount, avoiding any negative impressions is a wise strategy.

Conclusion and Recommendations#

There is no absolute guarantee that an old form will be accepted once a new format has been released. The guiding principle of the Immigration Services Agency is that the form valid at the time of application should be used.

If you discover that you hold a signed Letter of Guarantee in an old format, follow these steps:

1. Check the Official Website: Download the latest form from the Immigration Services Agency website.
2. Compare the Content: Read the “Pledge” section of both forms carefully.
3. If the Text Differs: You must get the new form signed. The old form is legally insufficient because the terms of the guarantee have changed.
4. If Only the Layout Differs: While the old form might be accepted, the safest course of action to ensure a smooth examination is to obtain a signature on the new form.

The Letter of Guarantee is a foundational document for residential status in Japan. While obtaining a new signature may seem like an inconvenience, ensuring that the application is perfect and compliant with the latest regulations is the most effective way to secure a visa without unnecessary delays or complications.

Summary#

The validity of an old Letter of Guarantee depends on the nature of the changes made to the new form. If the substance of the guarantee has changed, the old form is void. Even if the changes are merely cosmetic, using the old form carries risks of delay. The most prudent approach for any applicant is to always download the latest version from the official website immediately before the guarantor signs the document.