城田行政書士事務所

CATEGORYOVER STAYVISA APPLICATION

What if we are foreigners, such as overstay, getting into a state of non-authorized residence?

Well, that’s too bad.

Problems of non-authorized residence

Non-authorized residence

Non-authorized residence means that foreigners stay without having status of residence.

There are three cases due to illegal entry, overstay, and illegal residence as reasons leading to Non-authorized residence.

The problem is that it is subject to punishment and you have to leave Japan to fall under deportation reasons.

If you become Non-authorized residence

     

If you become overstay

You may be able to stay in Japan by receiving special permission to stay by the Minister of Justice(Article 50 paragraph 1).

     

If you become illegal residence

Also in this case, you may be able to stay in Japan by receiving special permission to stay by the Minister of Justice(Article 50 paragraph 1).

Special permission to stay by the Minister of Justice

    

About

You will be forced to leave if you fall under the deportation reason. Deportation compulsion involves severe disposition to restrain the body. Therefore, strict procedures are stipulated.
And, if you have an objection to the judgment of the oral proceedings by the special examiner during the procedure, you can file an objection to the Minister of Justice.
Then, the Minister of Justice, when he / she finds that there is circumstance to permit permission to stay, especially in cases where there is no reason for opposition offer (falls under the deportation reason), in consideration of various circumstances, is able to specifically permit your residence.

This permission is under the broad discretion of the Minister of Justice.

In other words, even if you are in a state of non-authorized residence and falling under the deportation reason, in some cases, you may be able to stay in Japan with special permission, by insisting on family protection, marital relationship or child's interests.

    

Flow of consultation

  • We will meet with you.

  • We will prepare the submitted documents.

  • We will appear at the Immigration Services Agency.

  • Judging

  • Judgment

    

Guidelines for the Special permission to stay by the Minister of Justice

The Ministry of Justice's Immigration Bureau issued the Guidelines for the Special permission to stay by the Minister of Justice in October 2006 and revised it in July 2009.

Specifically, please see site of the following Ministry of Justice

法務省

    

Publication example about Special permission to stay by the Minister of Justice

The Immigration Bureau of the Ministry of Justice announced in April 2010 cases of special permission to stay by the Minister of Justice and cases of non-special permission to stay by the Minister of Justice.

Specifically, please see site of the following Ministry of Justice

法務省

Administrative services provided to non-authorized foreign nationals

Due to the new residence management system that began in July 2012, foreign nationals who have no status of residence can not register for resident registration.
As a result, it seems that local governments are unable to grasp non-authorized foreign nationals living in the area, so it is feared that such foreign nationals will be hard to receive administrative services.

I would like to mention the administrative services provided to non-authorized foreign nationals under the new residence management system below, with reference to the pamphlet issued by the Japan Federation of Bar Associations.

Children's education

Foreign children who do not have a status of residence can also enroll in public elementary and junior high schools (public compulsory education schools) and take classes.

The parents or non-governmental organizations who support their children have better consult with your local education committee.

Medical examination

Foreign nationals who do not have a status of residence may receive medical fees free of charge or a fixed amount if they visit a medical institution that is conducting "free low-cost medical treatment project".

If you resieve benefits of free low-cost medical treatment,

  • you consult with the social welfare office etc. in advance, receive delivery of free (low cost) medical treatment tickets, and consult with a medical institution conducting "free low-cost medical treatment project",
  • or, go directly to a medical institution that is conducting "free low-cost medical treatment project" and consult with a medical social worker to decide to reduce medical expenses.

Vaccination

Even foreigners who do not have a status of residence can receive periodic vaccinations.

Target diseases include iphtheria, pertussis, acute poliomyelitis, measles, rubella, Japanese encephalitis, tetanus, tuberculosis, Hib infection, pneumococcus infection, infection, varicella, hepatitis B, influenza.
Please note that the target age is determined for each disease.

Regular medical examination

Foreign nationals who do not have status of residence can take regular medical examination of tuberculosis.

Birth

Foreign women who pregnant and do not have status of residence can receive maternal and childbirth, delivery of maternal and child handbooks, or without childbirth expenses.
Other than that, you can also receive medical checkups for infants and children.

Reporting obligation of civil servants

Civil servants are obliged to report foreigners who do not have status of residence.
However, it is sometimes necessary to judge individually on whether to report, so when applying or consulting, it is important to confirm in advance about the presence or absence of a report.

What we can help

  • We will give counsel regarding the status of residence and return home of foreigners who have become non-authorized residence.
    Please do not hesitate to contact us.