城田行政書士事務所

CATEGORYDEPORTATIONVISA APPLICATION

What kind of situation will we have to leave Japan?

Like those who stay even after the period of stay without extending of period of stay or changing of status of residence, if you fall under the deportation reason and you receive disposition of deportation, you have to leave Japan.

Revocation of Status of Residence

Revocation of Status of Residence is a system where the Minister of Justice can revoke the status of residence when it turns out that it falls under the reason for revocation.

When the status of residence is revoked, deportation procedures will proceed or you will be urged to leave voluntarily.

Reason of revocation

reason basis
The Foreign National has been granted, by deceit or other wrongful means, a seal of verification for landing or special permission, on the consideration that they do not fall under exclusion clauses to enter japan. Item 1
The Foreign National has been granted, by deceit or other wrongful means, a seal of verification for landing by means of falsifying to do in Japan. Item 2
Beyond what is provided for in the cases listed in the preceding two items, the Foreign National has been granted, by deceit or other wrongful means, a seal of verification for landing Item 3
Beyond what is provided for in the cases listed in the preceding three items, the Foreign National has been granted, by submitting or presenting a document that contains a false entry or a drawing that contains a false entry, a seal of verification for landing Item 4
The Foreign National has been granted Special Permission to Stay by the Minister of Justice, due to deceit or other wrongful means Item 5
Any person residing with a status of residence in the left-hand column of Appended Table I who has been residing for three months or more without continuously engaging in the activities listed in the right-hand column of the same Table corresponding to the status of residence Item 6
Any person residing with the status of residence of "Spouse or Child of Japanese National or the status of residence of "Spouse or Child of Permanent Resident", who has been residing for six months or more without continuously engaging in activities as a person with the status of a spouse Item 7
A person who has newly become a Mid to long-term Resident and who has not notified the Minister of Justice of the place of residence within 90 days of the date of receiving the seal of verification for landing or permission; Item 8
Any Mid to long-term Resident who has not notified the Minister of Justice of their new place of residence within 90 days of leaving the previous place of residence, which had previously been notified to the Minister of Justice Item 9
Any Mid to long-term Resident who has notified the Minister of Justice of a false place of residence. Item 10

If you are revocated your status of residence

If the grounds for the revocation are the above item 1 and item 2, it corresponds to deportation reasons, and deportation compulsion proceeding will be advanced.

If the grounds for revocation are other than item 1 and item 2 above, the period necessary for leaving Japan within the limit not exceeding 30 days is designated, and during that time you can arbitrarily depart.

If you do not leave during the period of necessary for leaving Japan, you will fall under the deportation reason and proceed with deportation procedure.

About deportation

Foreign nationals legally staying in Japan are guaranteed to stay in Japan during their period of stay unless they fall under deportation reasons.
But, in principle, you must leave Japan by repatriation or departure order system if you fall under deportation reasons.

Reason of deportation

reason definition basis
A person who entered illegally A person who has entered Japan without a valid passport Item 1
A person who landed illegally A person who has landed in Japan without obtaining Permission for Landing, etc. from an Immigration Inspector Item 2
A Person whose status of residence has been revocated A person whose status of residence has been revoked pursuant to the provisions of Article 22-4, paragraph (1) (limited to those provisions pertaining to item (i) or (ii)) Item 2-2
A person who stay illegally A person who has been granted a designated Period of Stay and has stayed in Japan beyond the designated period Item 2-3
Persons who assisted illegal entry etc. A person who has forged or altered a document or drawing, or suggested / assisted them for the purpose of making illegal landing permission etc. Item 3
Terrorist etc. A person who the Minister of Justice determines is likely to commit a criminal act for the purpose of intimidating the general public and government. Item 3-2
Terrorist etc. A person whose entry into Japan is required to be prevented pursuant to an international agreement Item 3-3
Those who helped illegal workers In connection with business activities, a person who has engaged in illegal activities, or has invited or aided another to engage in illegal activities Item 3-4
Forgery / alteration etc. of residence card etc. Those who forged or altered "residence card" or "special permanent resident certificate" for the purpose of exercising, provided a resident card etc. of counterfeit or alteration, received, or possessed possession Item 3-5
A person engage in activity other than that permitted by the status of residence previously granted A person who is clearly found to be engaged in activities related to the management of business involving activities for which they received remuneration illegally. Item 4a
A person who became overstay A person who has stayed in Japan beyond the authorized Period of Stay without obtaining an extension or change thereof Item 4b
A person who have violated penal laws and regulations A person who has committed Trafficking in Persons or has incited or aided another to commit Trafficking in Persons Item 4c
A person who have violated penal laws and regulations A person who has been punished for violation of the provisions of the Passport Act Item 4d
A person who have violated penal laws and regulations A person who were punished in violation of the provisions of Immigration Control and Refugee Recognition Act Item 4e
A person who have violated penal laws and regulations A person who has been sentenced to imprisonment without work or a heavier punishment for violation of the provisions of Article 73 Item 4f
A person who have violated penal laws and regulations A person who is a juvenile as defined by the Juvenile Act and who was sentenced to imprisonment or imprisonment without work for a maximum period exceeding 3 years Item 4g
A person who violate drug-related laws and ordinances A person who was convicted for violation of a provision of the Narcotics and Psychotropic Substances Control Act, etc. Item 4h
A person who have violated penal laws and regulations Beyond persons listed in sub-items (d) through (h), a person who was sentenced on to imprisonment or imprisonment without work for life or for a period of exceeding 1 year Item 4i
A person engaged in business related to prostitution A person who engages or has engaged in prostitution, or intermediation or solicitation of prostitutes for others, or provision of a place for prostitution, or any other business directly connected to prostitution Item 4j
Person who helped illegal entry A person who has instigated, incited, or aided the illegal entry or illegal landing of another Foreign National into Japan Item 4k
Participants in violent destruction activities A person who attempt the overthrow of the Constitution of Japan or the Government formed thereunder by means of force or violence Item 4l・m・n・o
A person who have violated penal laws and regulations A person who is staying in Japan with a status of residence listed in the left-hand column of Appended Table I and has been convicted of a crime prescribed in the Penal Code, etc, who was imprisoned or imprisoned Item 4-2
Those who have committed torts related to international games etc. A person whose status of residence is "Temporary Visitor" and who has illegally killed, injured, assaulted or threatened a person, or damaged or destroyed a building or other object in relation to the process or results of the International Competition, etc. held in Japan Item 4-3
A person who violated various notifications A Mid to long-term Resident who has been sentenced to imprisonment on the charge of a crime provided for in Article 71-2 or Article 75-2 Item 4-4
A person who violated provisional landing conditions a person who has been granted permission for provisional landing and flees or fails to appear at a summons without a justifiable reason in violation of conditions Item 5
A person who violated order to depart from japan A person who has been ordered to depart from Japan and does not depart without delay Item 5-2
A person who stays in Japan beyond the period of their landing permit A person who has been granted permission for landing at a port of call etc., and stays in Japan beyond the period entered in their Passport or landing permit Item 6・6-2・7
A person who stay illegally A person who has been given a departure order and stays in Japan beyond the period of departure pertaining to the departure order Item 8
A person whose departure order has been revoked A person whose departure order has been revoked Item 9
A person whose recognition of Refugee status has been revoked A person staying in Japan with permission, whose recognition of Refugee status has been revoked Item 10

Special Permission to Stay by the Minister of Justice

Special Permission to Stay by the Minister of Justice

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.

For more information,
about non-authorized residence

About departure order system

The departure order system is a system that lets people leave by arbitrary departure under certain conditions, targeting illegal residents of a foreign national who fall under deportation reasons.

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