The Immigration and Immigration Bureau has created an environment that makes it easier for foreigners suffering from illegal stays to appear at local immigration control offices through publicity activities for the immigration order system and revisions to the Guidelines for Special Permission to Stay. We aim to encourage spontaneous appearance.
Those who wish to return to Japan who are living in Japan while staying overtime (overstaying) will return home by using the "departure order system" which can be handled in a simple way without being accommodated can. If you return home by deportation procedure, you will not be able to enter Japan for at least 5 years, but if you return to Japan with "departure order system", that period will be shortened to 1 year.
【One who can use the departure order system】
Who is applicable to any of the following can be used.
1. Having attended her immigration office himself with intention to leave Japan promptly
2. Do not fall under deportation forcing reasons other than the expiration of the period of stay
3. Not being imprisoned or imprisoned for imprisonment or the like after entering the country
4. Being forced to leave in the past or never leaving Japan after receiving an order of departure
5. Be sure to expect to leave Japan promptly
For foreigners who wish to return home, those who do not fall under the "departure order system" but who have appeared in the immigration office themselves can proceed without accommodation by permitting temporary release Is possible. In addition, those who wish to continue living in Japan must first appear at the immigration office and state why they want to live in Japan.
· The previously revised "Guidelines on special residence permission" includes not only cases where marriage is established with Japanese as an active element in making a decision on whether to grant permission to stay,
1. Having declared appearing at the immigration office himself / herself
2. Custody and care for the real child living in Japan for a considerable period of time staying in elementary and secondary educational institutions in Japan
3. The length of stay in Japan is long and fixation is recognized
Please listen carefully to these guidelines.
In addition, if a violation is discovered due to censure etc., in principle it will be accommodated, but if you declare that you appear, you can proceed without accommodating by temporary release.
In the compulsory proceedings of deportation, as a result of examination of the content of the offer, if the Minister of Justice has specifically granted residence in Japan, the state of illegal stay will be resolved and continue to live in Japan as a regular resident I can. In addition, because the special permission of residence determines the permission or rejection taking comprehensive consideration of active factors and passive elements, if deportation is not permitted as a result, a written deportation order will be issued.
Actively considered elements
1. The alien is a child of a Japanese, or a child of a special permanent resident.
2. In cases where the foreign national has provided a child (born out of wedlock or an illegitimate child who has been recognized by the father) born with a Japanese or a special permanent resident, and in any of the following cases Applicable.
(1) The child is minor and unmarried.
(2) that said alien actually has custody of said child.
(3) The said foreign national who has actually lived in Japan for this period for a considerable period, and is custody / nurturing.
3. In cases where the marriage is legally established with the Japanese, special permanent resident (except for cases where a marriage is disguised as a way to escape deportation or a formal marriage notification is filed). ), And fall under any of the following.
(1) Living together as a couple for a considerable period, cooperating mutually to help each other.
(2) Marriage is stable and mature, such as having a child between couple.
4. The foreign national who lived in Japan with primary and secondary educational institutions (excluding educational institutions conducting education in their mother tongue) for a considerable period of time living in Japan, custody and nurturing the child Doing things.
5. The foreign national is required to be treated in Japan due to intractable diseases etc, or to be recognized as necessary to care for relatives who need such treatment.
【What is negative requirement】
Particularly considered negative factors
1. You have been sentenced to serious crimes, etc.
· You have been sentenced to death by serious crimes.
· You have been sentenced to you by smuggling / trading of so-called social bad goods, such as illegal drugs and tokens.
2. A violation related to the basis of immigration control administration, or a high violation of antisocialization.
· You have been sentenced to a crime on promoting illegal or camouflage stay.
· Have carried out acts that severely disturb the social order of Japan, such as prostituting himself or letting others prostitute.
· Having carried out acts that severely violate human rights, such as human trafficking.
【Other passive elements】
1. Stowaway by a ship or counterfeited passport etc, etc., Or illegally entered by disguising the status of residence.
2. You have received deportation procedures in the past.
3. Other penalties Any violation of laws or similar malpractice shall be recognized.
4. Other problems with the status of residence