Japan’s Immigration Services Agency announced new guidelines Tuesday aimed at enhancing transparency around policies on special permission for residence for visa overstayers, as well as a new procedure allowing such individuals to apply for the permit during the deportation process.

Special permission for residence is a permit granted to foreign nationals who would otherwise be subject to deportation. Greater transparency on the requirements for special permission for residence would help foreign nationals residing illegally in the country determine if they might be eligible for it.

The new guidelines will serve as a way to evaluate negative factors, such as the extent to which a person's prolonged illegal stay in Japan violates the immigration control order, while positively considering the following factors:

  • The necessity to protect the interests of children living with their families in Japan and the relationships they have built within Japanese communities, especially if they are Japanese minors, and if they are living under guardianship and care.
  • Whether or not they have sufficient support from future employers or other third parties.
  • A concrete risk to their lives if they are unable to continue medical treatment in Japan for a considerable period of time due to illness.
  • Those who cannot be deported to any country due to their “stateless” status.

Examples of negative factors to be considered would include illegal entry or entry using forged passports, the forging or fraudulent acquisition of residence cards or official documents, the illegal employment of other foreign nationals, violation of laws that incurred penalties, or engaging in acts of prostitution or having others do so.

But the decision to grant or deny special permission for residence is not solely based on individual positive or negative factors, the Immigration Agency said.

Justice Minister Ryuji Koizumi said Tuesday that the new guidelines would not mean the criteria for judgment had been changed but rather the guidelines were being revised to provide more examples of positive and negative factors for evaluation.

“Decisions are made comprehensively,” he said. “But each case is different with various factors at play. ...the guidelines are being revised to increase predictability.”

A legislative amendment that takes effect in June will — in addition to revising the guidelines — allow individuals to apply for special permission for residence during the deportation process. The justice minister, in approving or denying such applications, will also state the reason for their outcomes.

The guidelines, which were originally established in October 2006 before being revised in July 2009, are meant to consider the best interests of the child or children or family unity, marriage with Japanese nationals or special permanent residents, as well as whether an individual is stateless, according to the Immigration Agency.

In 2022, the justice minister granted special permission for residence to 1,525 individuals.