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New Guidelines for Special Permission to Stay in Japan

The Immigration Services Agency announced new guidelines for Special Permission to Stay in Japan (在留特別許可) on March 5.

 

Special Permission to Stay in Japan is designed for foreign nationals facing forced deportation who have a special need to keep residing in Japan. The new guidelines aim to increase transparency in the criteria for examining applications for the permit, as an official application procedure for the permit will be established under the revised Immigration Control and Refugee Recognition Act by June 15, 2024.

 

The new guidelines explain the factors to be evaluated positively and negatively when examining permit applications. One of the positive factors is the need to protect the interests of children living with their families in Japan. 

 

 

[Examples of Positive Factors]

  • Being married to a Japanese national or a special permanent resident, having lived together as a couple for a substantial period, and having a stable and mature marital relationship, including having children
  • Children receiving education in Japan for a considerable period, with the parents living in Japan having become integrated into the local community
  • Voluntarily reporting of illegal stay, presenting themselves to the Immigration Bureau

 

[Examples of Negative Factors]

  • Violation of laws with criminal penalties
  • Escaping during provisional release
  • Long period of illegal stay

 

The New Guidelines for Special Permission to Stay in Japan are published on the website of the Immigration Services Agency.