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Overstay


Deportation

An overstayer may be deported from Japan.

If an overstayer is deported from Japan, he/she cannot enter Japan for 5 years for the first time, or 10 years with multiple history of overstay.


Departure Order

If an overstayer voluntarily appeared at an immigration office with the intention of departing from Japan promptly, he/she can get out of Japan by the system of Departure Order.

If he/she leaves Japan by the order, he/she cannot enter Japan for one year.



Special Permission to stay

If an overstayer falls under the case of Deportation, the minister of justice may at its discretion grant him/her special permission to stay.

This permission is made under total consideration of the case, like necessity from the humanitarian perspective, relationship of family, domestic situation, international situation, etc.

To get this permission, an overstayer has to make persuasive documents to file them to the minister of justice.


Reference
http://www.moj.go.jp/content/000048156.pdf



Provisional release

Once a foreign national is arrested and detained in detention house, he/she can get out of there conditionally.

This is a part of process of deportation.

This system is for taking care of physical and mental health of detained foreign national, and preparation for departure from Japan.

Detained foreign national can apply for this provisional release, and Immigration bureau may at its discretion grant this release too.

When he/she applies for provisional release, or after released, he/she can apply for special permission to stay by the time of deportation.

With provisional release, a foreign national is not free to do any activities like works he/she used to do, until the special permission of stay granted.