What is Special Permission for Landing?

Special Permission for Landing is a system that allows individuals who have been subject to compulsory deportation due to illegal overstay or other reasons, and are thereby prohibited from entering Japan for a certain period, to obtain permission to land in Japan at the discretion of the Minister of Justice, based on compelling special circumstances warranting entry (Immigration Control and Refugee Recognition Act (ICRRA), Article 12).

When a foreign national attempts to enter Japan, it is examined whether they meet the landing conditions set forth in Article 7, Paragraph 1 of the ICRRA. If determined to not meet these conditions, they will be ordered to leave Japan. However, Special Permission for Landing is a discretionary measure by which the Minister of Justice may specially grant landing permission to those who do not meet the standard landing conditions.

In addition, even for those who have already departed Japan, if a considerable period has passed since departure under a departure order, and they have obtained a Certificate of Eligibility and a valid visa at an overseas consulate before applying to land in Japan, the immigration examiner may affix the stamp of landing permission when the Minister of Justice deems it appropriate (ICRRA Article 5-2: Special Exceptions to Denial of Landing).

Grounds for Denial of Landing and Prohibition Periods

Grounds for Denial of Landing are those specified in Article 5 of the ICRRA, and foreign nationals who fall under these grounds are subject to denial of entry. Examples include cases where there are concerns about harm to public health, public order, or domestic security.

The Prohibition Periods for Landing are as follows (applicable to persons previously deported for illegal overstay and those who departed under departure orders):

  • Deportation (First Occurrence): 5 years from the date of deportation
  • Deportation (Multiple Occurrences): 10 years from the date of deportation
  • Departure under Departure Order: 1 year from the date of departure
  • Imprisonment of 1 year or more (violation of Japanese or foreign law): Indefinitely

Special Permission for Landing is a system that, even during these prohibition periods, grants special permission to land by comprehensively considering all circumstances of each individual case.

Key Factors Considered in the Permission Decision

The granting or denial of Special Permission for Landing is determined comprehensively on a case-by-case basis. According to published cases from the Immigration Services Agency of Japan, the following factors are primarily considered:

  • Reason for wishing to land (purpose of entry)
  • Nature of the applicable grounds for denial of landing
  • Time elapsed since the grounds for denial of landing arose
  • Situation of family members residing in Japan and their living conditions (e.g., if spouse is a Japanese national or a foreign national with lawful residency status)
  • Duration of marriage and presence of children born of the marriage
  • Domestic and international circumstances

In published cases, many instances have been approved under the status of residence of "Spouse of Japanese National" or "Spouse of Permanent Resident" when the applicant's spouse is a Japanese national or a foreign national with lawful residency status (such as a permanent resident), and the genuineness of the marriage was recognized after a certain period of time. On the other hand, cases have also been denied when there are doubts about the legitimacy of the marriage or when there is a history of multiple deportations.

Reference: Examples of Cases Granted and Denied Special Permission for Landing (Immigration Services Agency of Japan)

Application Requirements (Conditions for Obtaining Special Permission for Landing)

  • Eligible Persons: Those who do not meet the landing conditions under the ICRRA (including those who fall under the grounds for denial of landing), where the Minister of Justice determines that there is a need to specially grant landing permission.
  • Practical Requirements: There is no independent formal application procedure specifically named "Special Permission for Landing." In practice, the general process is to first apply for issuance of a Certificate of Eligibility, then obtain a visa at an overseas consulate after the certificate is issued, and finally submit a landing application at the port of entry. If the certificate is issued, and there are no other non-compliant conditions at the time of landing examination apart from the relevant grounds for denial, landing may be permitted without going through the special landing permission procedure under the Special Exception to Denial of Landing (ICRRA Article 5-2).
  • Humanitarian Circumstances: Cases where humanitarian circumstances are recognized, such as when a spouse or child who is a Japanese national or permanent resident is residing in Japan, are often approved. It is common to begin the process by first obtaining a Certificate of Eligibility.
  • Processing Time: When grounds for denial of landing are involved, the review of the Certificate of Eligibility application may take longer than standard applications. It is advisable to allow for a period of several months.

List of Required Documents

Since Special Permission for Landing is a system where "permission is granted at the discretion of the Minister of Justice during the landing examination," there is no dedicated application form specifically for Special Permission for Landing. In practice, documents are prepared in the following order:

1. Main Documents Required for Certificate of Eligibility Application

For those in a landing prohibition period who wish to re-enter Japan, the first step is to apply for the issuance of a Certificate of Eligibility. Documents should be submitted according to the status of residence you intend to obtain (e.g., Spouse of Japanese National, Spouse of Permanent Resident).

Documents Required for All Cases

  • Certificate of Eligibility Application Form (1 copy)
  • Photograph (4cm height × 3cm width, taken within the past 3 months, with name written on the back)
  • Return envelope (with applicant's address, suitable for registered mail or equivalent)

Additional Documents Required When Applying as "Spouse of Japanese National"

  • Marriage certificate (issued by the country of nationality of both the Japanese spouse and the applicant)
  • Questionnaire (prescribed form provided by the immigration authority)
  • Letter of guarantee from the Japanese spouse
  • Residence certificate (juminhyo) listing all household members of the Japanese spouse
  • Materials showing spousal interaction (photographs, communication records, etc.)
  • Documents proving financial ability to cover living expenses in Japan
  • Other documents as specified by the Immigration Services Agency for each status of residence

When applying as "Spouse of Permanent Resident", documents proving the marital relationship, identity guarantee, financial capacity, etc. are also required. For details, please refer to the regional immigration authority having jurisdiction over your planned place of residence, or visit the Certificate of Eligibility Application page (Immigration Services Agency of Japan) for information by status of residence.

2. Main Documents Required for Visa Application (at Overseas Consulate/Embassy)

  • Passport
  • Visa application form (as prescribed by the Ministry of Foreign Affairs / overseas consulate)
  • Photograph
  • Certificate of Eligibility (original or copy)
  • Other documents as instructed by the overseas consulate

3. At the Time of Landing Application (Immigration Inspection at Airport or Port)

  • Passport (with a valid visa affixed)
  • Certificate of Eligibility (to be presented and submitted)
  • Disembarkation card (ED Card) and other documents as instructed by the immigration examiner

The Certificate of Eligibility is valid for 3 months from the date of issuance. You must obtain a visa and apply to land within this period.

Conditions for Special Permission for Landing (Likelihood of Approval)

Cases where a spouse or child who is a Japanese national or permanent resident is residing in Japan are often approved on humanitarian grounds.
If the Minister of Justice determines during the landing examination procedure that it is necessary to grant special permission to land, Special Permission for Landing will be granted.

The general process is to first obtain a Certificate of Eligibility, and then proceed with the visa application and landing application procedures. Once the certificate is issued, the likelihood of approval at the landing examination increases significantly.

Provisional Landing Permission

If the examination takes time, you will be required to stay at a facility within the airport. However, Provisional Landing Permission may allow you to enter Japan temporarily until the procedures are completed. This is granted when the chief immigration examiner deems it particularly necessary. Conditions may be imposed, such as payment of a deposit (an amount set by Ministerial Ordinance, not exceeding 200 yen), restrictions on place of residence and range of movement (e.g., limited to one municipality), and the obligation to appear when summoned.

The key points of the main provisions are as follows (ICRRA Article 13, etc.):

  1. The chief immigration examiner may, when deemed particularly necessary during the landing procedure, grant provisional landing permission to the foreign national until the procedure is completed.
  2. When granting permission, a provisional landing permit shall be issued.
  3. Conditions may be imposed, including restrictions on place of residence and range of movement, the obligation to appear when summoned, and other conditions deemed necessary. A deposit (an amount set by Ministerial Ordinance, not exceeding 200 yen) may be required to be paid in Japanese or foreign currency.
  4. The deposit shall be returned when the foreign national receives the stamp of landing permission or is ordered to leave Japan.
  5. In case of violation of conditions, all of the deposit may be forfeited in the event of flight, or a portion may be forfeited in other cases.
  6. If there are reasonable grounds to suspect a risk of flight, a detention order may be issued and the foreign national may be detained.

For further details, please refer to Article 13 of the ICRRA, related Ministerial Ordinances, and the procedural guidance issued by the Immigration Services Agency.