Woman making an OK sign with her hand

What Is the Special Residence Permit?

The Special Residence Permit is a system under which the Minister of Justice exceptionally grants permission to remain in Japan to foreign nationals subject to deportation under Article 24 of the Immigration Control Act (e.g., those who entered illegally, overstayed, or had their residence status revoked) (Article 50 of the Immigration Control and Refugee Recognition Act).

For those who are, in principle, required to leave Japan, a decision on whether to grant a special permit to remain is made after comprehensively taking into account individual circumstances. Permission is frequently granted in cases where the applicant is the spouse of a Japanese national, has a biological child with Japanese nationality, is married to a permanent resident, or is in a situation requiring humanitarian consideration.

Main Cases in Which the Special Residence Permit Is Considered (Article 50, Paragraph 1, Each Item)

  1. When the person has been granted permanent residence
  2. When the person formerly had a registered domicile in Japan as a Japanese national
  3. When the person is in Japan under the control of another person due to human trafficking or similar acts
  4. When the person has been recognized as a refugee or as a complementary protection beneficiary
  5. When the Minister of Justice otherwise recognizes that there are special circumstances warranting permission to remain

However, persons sentenced to imprisonment for an indefinite term or for more than one year, or those who fall under certain grounds for deportation (proviso of Paragraph 1 of the same Article), will not be granted a Special Residence Permit unless there are "special circumstances" — such as a need for life-threatening medical treatment that would make denial of residence inhumanely harsh.

Circumstances Considered in the Decision (Article 50, Paragraph 5)

The following matters, among others, are taken into consideration when determining whether to grant a Special Residence Permit:

  • Reasons for wishing to remain in Japan
  • Family relationships (protection of children's interests, family ties with Japanese nationals or special permanent residents, etc.)
  • Conduct (relationship with the local community, compliance with laws and regulations, presence or absence of antisocial behavior, etc.)
  • Circumstances under which the person entered Japan
  • Length of stay in Japan and legal status during that period
  • Facts that led to the deportation order
  • Need for humanitarian consideration
  • Domestic and international conditions and the impact on illegal residents in Japan, and other factors

The Immigration Services Agency has set out its approach to relevant considerations in the "Guidelines on the Special Residence Permit." A Special Residence Permit is considered when positive factors clearly outweigh negative factors. For further details, please refer to the publicly available materials from the Ministry of Justice and the Immigration Services Agency.

Special Arrangements for Children Born in Japan

Under the policy announced by the Minister of Justice in August 2023, among those who have been issued a deportation order, individuals who were born in Japan by June 10, 2024 (the date the revised Immigration Control Act came into effect) and received education at elementary, junior high, or high school are to be considered, on a one-time basis, for a Special Residence Permit as a family unit. However, cases in which the parents have serious negative factors (such as illegal entry or illegal landing, use of forged residence cards, sham marriage or other fundamental violations, highly antisocial offenses such as drug use or prostitution, actual imprisonment exceeding one year, or multiple prior convictions) may be excluded. Those who are eligible will be notified by the regional immigration authorities.

Application Requirements

Legal Basis
Article 50 of the Immigration Control and Refugee Recognition Act
Eligible Applicants
Foreign nationals who fall under the grounds for deportation (Article 24 of the Act)
Application Period
From when any of the following occurs until the deportation order is issued:
1. When the person is detained under a detention order (including when provisional release has been granted)
2. When the person is placed under a supervision measure
How to Apply
1. Foreign nationals detained under a detention order
Express your intention to apply and submit the application after an interview with an immigration officer.
2. Foreign nationals who have been granted provisional release or placed under a supervision measure
Appear at the regional immigration authority, undergo an interview, and submit the application. However, if the applicant is under 16 years old or is unable to apply in person due to illness or other reasons, a parent, spouse, child, or relative may apply on their behalf.
3. Foreign nationals detained in a penal institution or similar facility
Express your intention to apply and submit the application after an interview with an immigration officer.
Application Fee
No fee is required.
Appeals
None.

※ In principle, an application for a Special Residence Permit cannot be submitted after a deportation order has been issued.

Required Documents

Application Form

Supporting Documents (Submit if applicable)

  1. If the person has been granted permanent residence
    Copy of the residence card
  2. If the person formerly had a registered domicile in Japan as a Japanese national
    Certified copy of the family register (koseki tohon), certificate of deregistration, or electronic certificate of deregistration
  3. If the person is in Japan under the control of another person due to human trafficking or similar acts
    Written statement (in any format)
  4. If the person has been recognized as a refugee or as a complementary protection beneficiary
    Copy of the refugee recognition certificate or the complementary protection beneficiary recognition certificate
  5. When the Minister of Justice otherwise recognizes that there are special circumstances warranting permission to remain
    Documents substantiating such circumstances

Regarding Translations
If a document is prepared in a foreign language, a Japanese translation must, in principle, be submitted. However, a translation may not be required in the following cases: (1) documents that are identical to those previously submitted with a translation; (2) documents such as pamphlets that are generally prepared and distributed in English; (3) standard English-language documents such as employment certificates, graduation certificates, corporate registry transcripts, or employment contracts that do not require specialized knowledge.

Reference Links (Ministry of Justice / Immigration Services Agency)

Processing Time: From Application to Decision

In faster cases, the process takes approximately 4 to 9 months. In slower cases, it may take up to 3 years, but in general, about 1 year is most common.

① Cases Granted and Denied the Special Residence Permit (Spouse Is a Japanese National)

Cases Granted the Special Residence Permit

  1. Permission was granted because the applicant had been in Japan for 8 years and 9 months, had overstayed for 6 years and 11 months, had been married for 4 years and 1 month, and was the spouse of a Japanese national. (Granted status: Spouse of a Japanese National (International Marriage); Period of stay: 1 year)
  2. Permission was granted because the applicant had been in Japan for 12 years and 1 month, had an illegal overstay of 1 year, had been married for approximately 45 months, had 2 underage children, and was the spouse of a Japanese national. (Granted status: Spouse of a Japanese National (International Marriage); Period of stay: 1 year)
  3. Permission was granted because the applicant had been in Japan for 18 years (through illegal entry), had been married for 1 year and 11 months, and was the spouse of a Japanese national. (Although there were no children with the current spouse, the applicant was raising a biological child from a previous marriage who held Japanese nationality.) (Granted status: Spouse of a Japanese National (International Marriage); Period of stay: 1 year)
  4. Permission was granted because the applicant had been in Japan for 3 years and 1 month (through illegal entry), had been married for 1 year and 3 months, had 2 underage children, and was the spouse of a Japanese national. (Granted status: Spouse of a Japanese National (International Marriage); Period of stay: 1 year)
  5. Permission was granted because the applicant had been in Japan for 9 years and 4 months, had overstayed for 8 years and 11 months, had been married for 4 years, and was the spouse of a Japanese national. (Granted status: Spouse of a Japanese National (International Marriage); Period of stay: 1 year)

Cases Denied the Special Residence Permit

  1. The applicant had been in Japan for 10 years and 5 months through illegal entry, had been married for 11 months, and had a history of 3 forced deportations.
  2. The applicant had been in Japan for 2 years and 10 months, was arrested by police for prostitution, had been married for 1 year and 2 months, had 1 prior forced deportation, and the authenticity of the cohabitation and marriage was questioned.
  3. The applicant had been in Japan for 7 years and 11 months through illegal entry and was arrested by police. The marriage period was 2 months. The applicant had a prior departure order and had been sentenced to 2 years imprisonment with a 4-year suspended sentence for violating the Immigration Control Act (illegal entry). The current entry was by stowaway vessel, and the marriage was registered while the applicant was in detention.
  4. The applicant had been in Japan for 11 years and 3 months, was arrested by police for a criminal offense, had overstayed for approximately 2 years and 3 months, and had been sentenced to 3 years imprisonment for aggravated robbery causing injury.

② Cases Where the Spouse Is a Lawfully Residing Foreign National

Cases Granted the Special Residence Permit

  1. The applicant had been in Japan for 9 years and 6 months, had overstayed for 9 years and 3 months, had been married for approximately 1 year and 3 months, and the spouse held permanent resident status. (Granted status: Spouse of a Japanese National (International Marriage); Period of stay: 1 year)
  2. The applicant had been in Japan for 6 years, had overstayed for 1 year and 4 months, had been married for 1 year and 11 months, and the spouse held permanent resident status. (Granted status: Spouse of a Japanese National (International Marriage); Period of stay: 1 year)
  3. The applicant had been in Japan for 12 years and 9 months, had overstayed for 12 years and 9 months, had been married for 6 months, and the spouse held special permanent resident status. (Granted status: Spouse of a Japanese National (International Marriage); Period of stay: 1 year)
  4. The applicant had been in Japan for 9 years, had overstayed for 8 years, had been married for 1 year, and both the spouse and child held permanent resident status. (Granted status: Long-Term Resident; Period of stay: 1 year)
  5. The applicant had been in Japan for 9 years, was arrested by police for a criminal offense related to prostitution, had been married for 6 years and 1 month, had 2 underage children, the applicant and child held permanent resident status, and the spouse held long-term resident status. (Granted status: Long-Term Resident; Period of stay: 1 year)

Cases Denied the Special Residence Permit

  1. The applicant had been in Japan for 6 years and 8 months, had overstayed for 3 years and 4 months, had been married for 10 months, and the authenticity of the cohabitation and marriage was questioned.
  2. The applicant had been in Japan for 4 years and 6 months, had overstayed for 4 years, had been married for 1 month, and the marriage was registered while the applicant was being detained by the authorities following detection.
  3. The applicant had been in Japan for 4 months, had been illegally residing due to activities outside the permitted status for 1 month, had been married for 2 months, and the authenticity of the cohabitation and marriage was questioned.
  4. The applicant had been in Japan for 8 years and 2 months, had overstayed for 3 years, had been married for 8 months, and was found to be in possession of a forged residence card at the time of detection.
  5. The applicant had been in Japan for 18 years, had overstayed for 18 years, was arrested by police for a criminal offense, had been married for 19 years, had 2 underage children, had been sentenced to actual imprisonment for illegal drug smuggling, and had 1 prior forced deportation.

③ Cases Involving a Foreign National Family

Cases Granted the Special Residence Permit

  1. The applicant had been in Japan for 21 years and 2 months and had overstayed for 8 months. Family composition: spouse — overstayer (in Japan approx. 14 years, violation period approx. 8 months); child — overstayer (in Japan approx. 12 years and 11 months, violation period approx. 8 months), age 12. All 3 family members were granted long-term resident status. The entire family voluntarily appeared together, and the mother had 1 prior forced deportation.
  2. The applicant had been in Japan for 22 years and 3 months and had overstayed for 22 years. Family composition: child — born in Japan, no residence status acquired, age 10. The mother and child voluntarily appeared together (the child's father had already left Japan).
  3. The applicant had been in Japan for 21 years and had overstayed for 21 years. Family composition: child — born in Japan, no residence status acquired, age 14. The mother and child voluntarily appeared together, and the child had no contact with the father.

Cases Denied the Special Residence Permit

  1. The applicant had been in Japan for 14 years and 9 months through illegal entry, with a violation period of 14 years and 9 months. Family composition: spouse — overstayer (in Japan approx. 10 years and 11 months, violation period 10 years and 8 months); child — born in Japan, no residence status acquired, age 1. The entire family voluntarily appeared together, and both parents had 1 prior forced deportation.
  2. The applicant had been in Japan for 6 years and 11 months through illegal entry, with a violation period of 6 years and 11 months. Family composition: child — born in Japan, no residence status acquired, age 6. The mother and child voluntarily appeared together, and the child had no contact with the father.

④ Other Cases

Cases Granted the Special Residence Permit

  1. The applicant had been in Japan for 20 years and had overstayed for 19 years and 7 months. Reason for wishing to remain: has established a life base in Japan. (Granted status: Long-Term Resident; Period of stay: 1 year)
  2. The applicant had been in Japan for 9 years and had overstayed for 8 years and 9 months. Reason for wishing to remain: custody and upbringing of a biological child — the applicant is caring for and raising a biological child with Japanese nationality. (Granted status: Long-Term Resident; Period of stay: 1 year)
  3. The applicant had been in Japan for 9 years and 3 months and had overstayed for 9 months. Reason for wishing to remain: custody and upbringing of a biological child — the applicant was placed under the protection of a public institution as a victim of domestic violence. (Granted status: Long-Term Resident; Period of stay: 1 year)
  4. The applicant had been in Japan for 4 years and 9 months and had overstayed for 3 years and 7 months. Reason for wishing to remain: custody and upbringing of a biological child with Japanese nationality. (Granted status: Long-Term Resident; Period of stay: 1 year)
  5. The applicant had been in Japan for 2 months and had overstayed for 2 months. Reason for wishing to remain: was placed under the protection of a public institution as a victim of human trafficking, received support from an international organization, and wished to return home at the earliest opportunity. (Granted status: Designated Activities; Period of stay: 1 year)
  6. The applicant had been in Japan for 44 years and 10 months and had overstayed for 17 years and 4 months. Reason for wishing to remain: has established a life base in Japan and was born in Okinawa under occupation as the child of a Japanese national. (Granted status: Long-Term Resident; Period of stay: 1 year)
  7. The applicant had been in Japan for 11 years and 1 month (through illegal entry) and had overstayed for 11 years and 1 month. Reason for wishing to remain: was placed under the protection of a child guidance center due to the biological mother's abandonment of parental responsibilities, and time was needed to prepare to be taken in by the biological father in the home country. (Granted status: Designated Activities; Period of stay: 6 months)

Cases Denied the Special Residence Permit

  1. The applicant had been in Japan for 8 years and 3 months, had overstayed for 10 months due to activities outside the permitted scope, and wished to remain to conduct missionary activities. (The applicant had been granted residence status under "Religion" but was exclusively engaged in transport labor work outside the permitted scope.)
  2. The applicant had been in Japan for 8 years and 1 month and had overstayed for 2 months. Reason for wishing to remain: has established a life base in Japan. (The applicant had obtained permission to change residence status to "Engineer / Specialist in Humanities / International Services" by misrepresenting the employer, and was working exclusively as a restaurant employee. The overstay occurred while the applicant was in detention following detection.)
  3. The applicant had been in Japan for 2 months, had the residence status revoked due to a report by an immigration officer, and wished to remain to continue living with a compatriot spouse (Engineer / Specialist in Humanities / International Services). (The applicant had 1 prior forced deportation. It was discovered that the applicant had concealed this history when obtaining landing permission, leading to revocation of residence status.)
  4. The applicant had been in Japan for 24 years and 2 months through illegal entry, had been illegally residing for 24 years and 2 months, and wished to remain because of an established life base in Japan. (It was revealed that the marriage was a sham, and the residence status was revoked. After the revocation, the applicant began living with the sham marriage partner and wished to remain in Japan.)
  5. The applicant had been in Japan for 2 years and 4 months and had continued residing after the residence status was revoked. Reason for wishing to remain: wanted to live with the Japanese husband (sham marriage partner). (It was revealed that the marriage was a sham, and the residence status was revoked. After the revocation, the applicant began living with the sham marriage partner and wished to remain in Japan. The applicant was sentenced to 1 year and 6 months imprisonment with a 3-year suspended sentence for false entry in an electronic notarial deed and the use thereof.)
  6. The applicant had been in Japan for 18 years, was arrested by police for a criminal offense, had overstayed for 6 years and 9 months, and wished to remain as a third-generation Japanese descendant with an established life base in Japan. (The overstay occurred during imprisonment. The applicant was sentenced to 7 years imprisonment for violation of the Stimulant Drug Control Act, unlawful entry into a building, theft, trespass, and attempted robbery.)
  7. The applicant had been in Japan for 17 years and 4 months, was arrested by police for a criminal offense, had overstayed for 2 years and 4 months, and wished to remain as a second-generation Japanese descendant. (The overstay occurred during imprisonment. The applicant had prior convictions under the Cannabis Control Act and the Stimulant Drug Control Act, and was sentenced to 1 year and 6 months imprisonment for violation of the Stimulant Drug Control Act.)