Overview of the System

The cancellation of status of residence is a system by which the status of residence of a foreign national residing in Japan is cancelled when they obtained their landing permission stamp or equivalent through fraudulent or other improper means, or when they have been residing in Japan without engaging in the activities associated with their status of residence for a certain period of time, and so on (Immigration Control and Refugee Recognition Act, Article 22-4).

Cancellation is not a procedure initiated by the foreign national through an "application." Rather, when the Minister of Justice recognizes the existence of grounds for cancellation, the status of residence is revoked as an administrative action.

Requirements for Cancellation of Status of Residence (List of Grounds)

The Minister of Justice may cancel the status of residence currently held by a foreign national when any of the following facts become known (Immigration Control Act, Article 22-4, Paragraph 1).

  1. When, through fraudulent or other improper means, an immigration inspector was misled regarding the applicability of grounds for denial of landing, and a landing permission stamp or equivalent was obtained.
  2. In addition to (1) above, when a landing permission stamp or equivalent was obtained by misrepresenting, through fraudulent or other improper means, the activities intended to be conducted in Japan (e.g., a person intending to engage in unskilled labor in Japan declared they would engage in activities corresponding to the "Engineer" status of residence), or by misrepresenting facts other than those activities (e.g., the applicant misrepresented their own background).
  3. When, in a case not falling under (1) or (2), a landing permission stamp or equivalent was obtained by submitting false documents. This ground does not require intentional misconduct on the part of the applicant.
  4. When special permission to remain in Japan was obtained through fraudulent or other improper means.
  5. A foreign national residing with a status of residence listed in Appended Table 1 of the Immigration Control Act (Diplomat, Official, Professor, Artist, Religious Activities, Journalist, Highly Skilled Professional, Business Manager, Legal/Accounting Services, Medical Services, Researcher, Instructor, Engineer/Specialist in Humanities/International Services, Intra-company Transferee, Nursing Care, Entertainer, Skilled Labor, Specified Skilled Worker, Technical Intern Training, Cultural Activities, Short-Term Stay, Student, Training, Dependent, Designated Activities) is found to not be engaging in the activities pertaining to that status of residence, and is residing in Japan while engaging in, or intending to engage in, other activities (unless there is a legitimate reason). *Applicable from January 1, 2017.
  6. A foreign national residing with a status of residence listed in Appended Table 1 of the Immigration Control Act has not continuously engaged in the activities pertaining to that status of residence for three months or more (unless there is a legitimate reason for not engaging in such activities).
  7. A foreign national residing with the status of "Spouse or Child of Japanese National" (excluding children of Japanese nationals and special adoptees) or "Spouse or Child of Permanent Resident" (excluding children of permanent residents, etc.) has not continuously engaged in activities as a spouse for six months or more (unless there is a legitimate reason).
  8. A person who has newly become a medium- to long-term resident by obtaining landing permission or a change of status of residence fails to register their address with the Director-General of the Immigration Services Agency within 90 days of receiving such permission (unless there is a legitimate reason for not doing so).
  9. A medium- to long-term resident fails to register a new address with the Director-General of the Immigration Services Agency within 90 days of moving out of the address previously registered with the Director-General (unless there is a legitimate reason).
  10. A medium- to long-term resident registers a false address with the Director-General of the Immigration Services Agency.

Cases Where Cancellation Will Not Be Applied (Cases With Legitimate Reasons, etc.)

Even when grounds for cancellation are present, cancellation will not apply if there is a "legitimate reason." Specific examples can be found in documents published by the Immigration Services Agency of Japan.

Procedure for Cancellation of Status of Residence

When the cancellation of a status of residence is to be carried out, an immigration inspector is required to hear opinions from the foreign national subject to cancellation. The foreign national may state their opinion, submit evidence, or request access to documents at the opinion hearing.

The handling of a case where cancellation is decided varies depending on the grounds for cancellation.

  • When grounds (1) or (2) apply: The individual will be subject to immediate deportation.
  • When grounds (3)–(10) apply: A period of up to 30 days will be designated as the time necessary for departure, and the individual will voluntarily depart Japan within that period. However, if, under ground (5), there is substantial reason to suspect that the foreign national may abscond, they will be subject to immediate deportation.
  • If the individual does not depart within the designated period: They will be subject to deportation, as well as criminal penalties.

Documents That May Be Prepared and Submitted at the Opinion Hearing (For Reference)

Since cancellation of status of residence is an administrative action—not an "application" by the foreign national—there is no legally defined list of required documents. However, at the opinion hearing, the following types of documents may be submitted or presented to argue reasons or circumstances for avoiding cancellation.

  • A written statement or explanatory letter explaining why the grounds for cancellation do not apply, or why a legitimate reason exists.
  • Supporting documents demonstrating that activities pertaining to the status of residence are (or were) being conducted (e.g., employment certificate, pay slips, contracts, school enrollment certificate).
  • Supporting documents demonstrating that activities as a spouse are (or were) being conducted (e.g., resident registration, marriage certificate, documentation explaining living situation).
  • An explanation and documentation showing that there is a legitimate reason for not registering an address (or for submitting a false registration).
  • Any other evidence or materials proving circumstances why cancellation should not be carried out.

※ For information on which specific documents are required, please follow the guidance provided in the opinion hearing notice and prepare documents as instructed by the immigration authorities. If you have any questions, we recommend consulting the immigration bureau or a specialist (administrative scrivener or attorney).

Source: Cancellation of Status of Residence (Article 22-4 of the Immigration Control Act) | Immigration Services Agency of Japan