Illegal stay (overstay) refers to remaining in Japan beyond the permitted period of stay, or entering Japan through deception or fraud. The Immigration Services Agency of Japan creates a supportive environment for those struggling with illegal stay and encourages voluntary surrender.
Options Available to Those with Illegal Stay Status
Individuals with illegal stay status have different procedural options depending on whether they wish to return to their home country or wish to continue living in Japan. In either case, it is important to first report (surrender) to the nearest regional immigration services bureau.
If You Wish to Return to Your Home Country
If you have been remaining in Japan beyond your permitted stay period and wish to return home, you may be able to use the Departure Order System. This system allows you to depart Japan through a relatively straightforward procedure without being detained.
- If you return under deportation proceedings: You will be barred from re-entering Japan for at least 5 years.
- If you return under the Departure Order System: The re-entry ban period is 1 year.
The Departure Order System is available mainly to those who meet certain conditions (not subject to grounds for deportation other than overstay, no prior deportation order or departure order, able to depart promptly, etc.). For details, please refer to the Immigration Services Agency: "Guide to Voluntary Reporting".
Even those who do not qualify for the Departure Order System may be able to proceed without detention through the supervision measure if they voluntarily surrender.
If You Wish to Continue Living in Japan
If you wish to continue residing in Japan, it is important to first report to the immigration services bureau and explain your reasons for wanting to remain in Japan.
- If you surrender voluntarily, you may be able to proceed through supervision measures without being detained.
- During deportation proceedings, you can apply to the Minister of Justice for a Special Permission to Stay. If granted, your illegal stay status will be resolved and you can continue living in Japan as a legal resident.
- In determining eligibility for Special Permission to Stay, factors considered under the "Guidelines on Special Permission to Stay" include voluntary surrender, marriage to a Japanese national, long-term residence in Japan (settlement), and whether your children are enrolled in Japanese schools. Please note that permission is not guaranteed, so please review the guidelines carefully.
If You Are Detained: Application for Provisional Release
If you are detained at an immigration services bureau due to illegal stay, you may be released from the detention facility under certain conditions by applying for a provisional release permit. If granted, you can await the review of your Special Permission to Stay without being detained.
About the Special Permission to Stay Application
If a person subject to deportation proceedings wishes to remain in Japan, they can apply to the Minister of Justice for a Special Permission to Stay. Based on a comprehensive consideration of humanitarian and individual circumstances (family relationships, length of stay, conduct, etc.), an exceptional grant of stay may be permitted. If approved, a status of residence will be granted and you can live in Japan as a legal resident.
Go to Special Permission to Stay Application page
※Official information: Guide to Voluntary Reporting (Immigration Services Agency), Deportation Proceedings and the Departure Order System, Reporting Immigration Control Law Violations
