Special Permission To Stay
What is “Special Permission for Residence”?
This is a residence permission given at the discretion of the Minister of Justice when the Minister of Justice determines that there are special circumstances to permit residence for foreigners who are forced to leave due to overstaying and other reasons.
There are four types of special permission for residence.
It is stipulated that a person who has filed an objection may grant permission if any of them is applicable, but it is not always applicable because it is solely at the discretion of the Minister of Justice.
In order to be admitted, the point is whether it is necessary to give a special permission for residence, taking into consideration such as “stable marital life with Japanese”, “goodness of behavior”, “stability of life”, “humanitarian problems”, etc.
Four types of special permission for residence
① When you have a permanent residence permission
② When you have permanent residence in Japan as a Japanese citizen in the past.
③ When you are in Japan under the control of another person due to human rights transactions etc.
④ When the Minister of Justice determines that there are special circumstances to permit residence
Guidelines for Special Permission for Residence
1. Basic Approach to Special Permission for Residence
Whether or not to issue a special permission for residence will be determined by a comprehensive review of the various circumstances such as the family situation, life situation, personal behavior, internal and external circumstances, the need for humanitarian consideration, and the impact on illegal stay in Japan, etc.
2. Points to consider when determining whether or not to issue a special permission for residence
The basic idea of special permission for residence is as described above and there are no "standards" pertaining to the permission, but the matters to be considered in determining whether or not to allow such permission are as follows.
(1) Positive factors
Regarding positive factors, in addition to the reasons listed in Article 50, Paragraph 1, Items 1 to 3 (see Note) of the Immigration Control Act, The positive factors are as follows
① The foreigner must be a Japanese child or a child of a special permanent resident.
② In case the foreigner supports a child who was born by relation with a Japanese or a special permanent resident (legal child or non-legal child who is recognized by the father), and falls under any of the following:
A) The biological child must be minor and unmarried.
B) The foreigner has actual custody of the biological child concerned.
C) The foreigner has actually lived with the biological child in Japan for a considerable period of time and has been subject to custody and upbringing.
③ If the foreigner is legally married to a Japanese or a special permanent resident (except when he/she disguises his/her marriage or submits a formal marriage notification in order to avoid deportation) and falls under any of the following:
A) Living together as husband and wife for a considerable period of time, cooperating with each other, and supporting each other.
B) Marriage is stable and mature, such as having children between husband and wife.
④ When there are special circumstances that require humanitarian consideration.
・When treatment in Japan is required due to incurable disease or illness, etc.
・When the Fixability in Japan is recognized, the relationship with the country of nationality is weakened and it is extremely difficult to live in the country of nationality.
(2) Negative factors
The negative factors are as follows.
① When the violation of laws and regulations of penal punishments or any equivalent defect is found
② When a violation is related to the basis of immigration control administration or a violation with high anti-sociality.
・When he/she has been sentenced to imprisonment due to crimes such as illegal employment, crimes related to group smuggling, and illegal delivery of passports, etc.
・When it falls under the grounds of deportation other than non-qualification activities, illegal entry, illegal landing, or illegal residual.
③ When deportation procedures have been given in the past.
(Note) Immigration Control and Refugee Recognition Act (Extract)
(Special Provisions for the decision of the Minister of Justice)
Article 50, in the case of the ruling under Article 3 of the preceding Article, even if the Minister of Justice finds that there is no reason for the objection, the suspect may be to permitted to stay in Japan when he/she falls under any of the following:
(i) When the foreigner has obtained permission for permanent residence;
(ii) When the foreigner once had a permanent residence in Japan as a Japanese citizen.
(iii) When the foreigner resides in Japan under the control of another person due to a human resource transaction, etc.
(iv) When the Minister of Justice finds that there are special circumstances for permitting residence.
2, 3 (omitted)
A foreign employee has accidentally overstayed!
If this happens, please consult us first.