Special permission to stay for illegal stayer -----Japanese-----
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Cf. Flowchart of special permission to stay for illegal stayer
1.Special permission to stay for illegal stayer is not the status of residence
of Appended Table I,Ⅱ( Immigration Control and Refugee Recognition Act).
Special permission to stay is the special decision by the Minister of Justice.
2.Special permission to stay (Articles 50 and 61-2-2, Immigration Control
Act)
Even if finding no reasonable ground in the objection filed, the Minister
of Justice may grant special permission for residence in the following
cases. This special decision by the Minister of Justice is called special
permission to stay.
• The suspect has obtained permission for permanent residence (Article 50, Paragraph 1(1), Immigration Control Act);
• The suspect has had in the past a permanent domicile in Japan as a Japanesenational (Paragraph 1(2));
• The Minister of Justice finds any other grounds for granting special permission to stay (Paragraph 1(3)); or
• The suspect is recognized as a refugee (Article .61-2-2, Immigration Control Act)
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3.Guidelines on Special Permission to Stay in Japan
Basic rationale on special permission to stay in Japan, and matters taken into
account when judging whether to grant permission
When judging whether to grant special permission to stay in Japan, a
comprehensive appraisal is made of all relevant circumstances for each individual
case. These include the reason for the requested stay, family circumstances, the
applicant’s conduct, situations in Japan and abroad, consideration of humanitarian
grounds, and, moreover, the potential impact on other persons without legal status in
Japan. When doing so, the following specific matters are taken into account.
Cf. Guidelines on Special Permission to Stay
4.For foreign nationals who worry about their illegal stay
Illegal stayer who wish to remain in Japan must first appear at an immigration office and state their reasons why they want to live inJapan.
Cf. Procedures for appearing at immigrationoffice
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