Japan’s Immigration Services Agency has introduced updated guidelines aimed at improving transparency in the special residence permission process for visa overstayers. Additionally, a new procedure will allow individuals to apply for this permit during the deportation process. Special residence permission is a status granted to foreign nationals who would otherwise face deportation. By clarifying the requirements, these new guidelines will help individuals living in Japan illegally determine if they may qualify for this permit.

The updated guidelines aim to provide a clearer assessment of both positive and negative factors that will influence decisions. On the negative side, the agency will consider factors like the severity of an individual’s prolonged illegal stay and how it violates immigration laws. However, the guidelines also outline several positive factors that could work in favor of applicants, including:

• The protection of children’s interests, particularly those living with families in Japan, especially if the children are Japanese or under the care of guardians in the country.
• Support from potential employers or third-party advocates.
• The risk to an individual’s health if they are unable to continue necessary medical treatment in Japan.
• Cases where individuals cannot be deported due to stateless status.

Negative factors considered may include illegal entry, use of forged passports or documents, illegal employment, or involvement in criminal activities such as prostitution.

However, decisions on special residence permission are not strictly based on these factors alone. Justice Minister Ryuji Koizumi emphasized that the updated guidelines are designed to increase predictability, not to change the judgment criteria. Each case will still be evaluated holistically based on the unique circumstances involved.

In June, a legislative amendment will come into effect allowing individuals to apply for special residence permission while they are undergoing the deportation process. The justice minister will also be required to provide explanations for the approval or denial of applications.

Originally established in 2006 and revised in 2009, the guidelines focus on protecting family unity, marriage to Japanese nationals or permanent residents, and cases involving stateless individuals. In 2022, special permission for residence was granted to 1,525 people under these considerations.

These changes are aimed at creating a fairer and more transparent process for those seeking to remain in Japan, especially when family and community ties are at stake.