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About the departure order system
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.
Foreign nationals who have overstayed their period of stay in Japan and wish to return to their home country can complete procedures in a simple manner without being detained."Departure Order System"can be used to return home.If you return to Japan due to deportation procedures, you will not be able to enter Japan for at least XNUMX years.If you return to your country under the "departure order system", the period will be shortened to one year.
Those who can use the departure order system
Who is applicable to any of the following can be used.
- Appearing at an immigration office with the intention of promptly leaving Japan
- Do not fall under deportation reasons other than the expiration of the period of stay
- Not have been sentenced to imprisonment with or without work for a prescribed crime such as theft after entering Japan.
- Have never been deported or left Japan under a departure order in the past
- Be sure to expect to leave Japan promptly
For foreign nationals who wish to return to their home country and are not subject to the "departure order system", but have voluntarily appeared at the immigration office,Permission for provisional releaseTherefore, it is possible to proceed with the procedure without being detained.In addition, those who wish to continue living in Japan must first appear at the immigration office and state the reason for wanting to live in Japan.
revised“Guidelines for Special Permission to Stay”In addition to the case of being married to a Japanese national, as a positive factor in making a decision on whether to grant special permission to stay,
- Appeared at the immigration office by yourself
- Those who are custodial and raising a biological child who is enrolled in a Japanese primary or secondary educational institution and has been living in Japan for a considerable period of time.
- Applicants must be able to stay in Japan for a long period of time and stay in Japan
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.
What is a positive requirement?
▼Positive factors to consider in particular
- The foreign national is a child of a Japanese national or a child of a special permanent resident.
- If the foreign national supports a biological child (a legitimate child or an illegitimate child acknowledged by the father) born between a Japanese national or a special permanent resident and falls under any of the following: matter.
- ① The biological child concerned is a minor and unmarried.
- (XNUMX) The foreign national actually has parental authority over the child.
- (XNUMX) The foreign national actually lives with the child in Japan for a considerable period of time, and takes care of and raises the child.
- If the foreign national is legally married to a Japanese national or a special permanent resident (excluding the case of disguising the marriage or submitting a formal marriage registration to avoid deportation) and all of the following shall apply.
- (XNUMX) Living together as a couple for a considerable period of time and cooperating and helping each other.
- (XNUMX) The marriage must be stable and mature, such as having a child between the couple.
- The foreigner is enrolled in a Japanese primary or secondary educational institution (excluding educational institutions that provide education in their native language), lives with their biological child who has lived in Japan for a considerable period of time, and takes custody of and raises the biological child. to be
- The foreign national must be in need of treatment in Japan due to an intractable disease, etc., or must be deemed necessary to care for a relative who requires such treatment.
What are negative requirements?
▼Negative factors to consider
- Have been sentenced for a serious crime, etc.
- Have been sentenced to imprisonment for a heinous or serious crime.
- Those who have been sentenced for smuggling or selling so-called socially harmful goods such as illegal drugs and handguns.
- Violations related to the core of immigration control administration or violations that are highly anti-social.
- You have been sentenced to prison for crimes related to promoting illegal or disguised stays.
- You have engaged in acts that significantly disturb the social order of Japan, such as engaging in prostitution yourself or having others engage in prostitution.
- Those who have committed acts that seriously infringe on human rights, such as human trafficking.
Other negative elements
- Stowaway by ship, fraudulent immigration by falsifying a passport, etc., or impersonating a status of residence.
- Have undergone deportation procedures in the past.
- Other violations of criminal laws or other similar misbehavior are recognized.
- Other problems with the status of residence