When you carelessly missed the period of your status

For people who carelessly missed your period of your status of residence and are caught by the Immigration:

First, please check this flow chart of investigation and explanation of each investigation.



You are going to go through the investigation of Immigration Act violation. If you express your wish to hold your status in Japan during the process, it is not difficult to get a special permission to stay and recover your status of residence. However, if another law violation is found or the investigator considers that you overstayed on purpose, the result will change.

Investigation process contains mainly the following parts;

1) Investigation by Immigration Control Officer (article 29 of Immigration Act)
-Investigation about fact of violation

2) Investigation by Immigration Inspector (artice 45 - 47)
- Investigation to decide if the suspect is applicable to deportation
- The suspect will be noticed by written document when he/she is applicable to deportation. At the same time, the Immigration must tell him/her that he/she can ask a hearing by Special Inquiry Officer.
(You should tell them that you want to get a special permission to stay and its reason. You also should ask a hearing to file an objection)

3) Hearing by Special Inquiry Officer (article 48)
- When you ask this hearing, the Special Inquiry Officer will have a hearing.
- The suspect may have the attendance of one of his/her relatives or acquaintances with the permission of the special inquiry officer.
(You should tell them that you want to get a special permission to stay and that you want to file an objection to get it.)

4) filing of Objection (article 49)

5) Special permission to stay
It is given if the Minister of Justice decides that your reason for special permission is understandable in humanitarian aspects.
This decision is a kind of amnesty. You cannot get this permission as a human right. If you cannot get this permission, you are going to be deported.

I believe most of you are a decent people who just forgot your renewal by mistake or just lack of information. However, Japanese Immigration Control Act will be equally applied to all foreign people no matter what nationality you have when you breach the law. Since the immigration has many cases like yours, it is not so difficult to get a special permission if you have a cooperative attitude to the Immigration.

Main points to get through this investigation are to admit the fact and to insist on a special permission. Please do not say you want to go back home country or you do not want to stay in Japan. Once Immigration considers that you do not want to stay in Japan, you really cannot stay at least five years by deportation.

Please do not forget that the Investigator always has discretion and he is watching if a suspect is willing to follow Japanese rules or not.

I believe you will not get any physical violence by officers. Usually the investigation of Immigration officer is not so rough.

I hope you successfully go through the trouble.