TOKYO – Japan’s Immigration Services Agency unveiled new guidelines aimed at bolstering transparency regarding policies concerning special permission for residence, particularly for individuals who have overstayed their visas.
The initiative announced on Tuesday also introduces a novel procedure enabling such individuals to apply for the permit amid ongoing deportation proceedings.
Special permission for residence serves as a lifeline for foreign nationals facing deportation. Enhanced transparency surrounding the criteria for obtaining this permit aims to assist those residing unlawfully in Japan in determining their eligibility.
The revised guidelines introduce a comprehensive evaluation process, weighing negative factors such as the extent of a person’s prolonged illegal stay against positive considerations. These include the necessity of safeguarding the interests of children and families residing in Japan, ensuring access to vital medical treatment, and assessing support from prospective employers or third parties.
However, the decision-making process regarding special permission for residence remains complex, with individual cases evaluated holistically. Justice Minister Ryuji Koizumi emphasized that while the guidelines offer more clarity on positive and negative factors, decisions are made on a case-by-case basis, with various considerations at play.
A legislative amendment slated for June will complement the revised guidelines by enabling individuals to apply for special permission for residence during deportation proceedings. The justice minister will provide reasons for approving or denying such applications, enhancing accountability in the decision-making process.
It has been clarified that the cases of visa overstayers would be examined in the context of the following:
- 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.
The guidelines, initially established in October 2006 and subsequently revised in July 2009, prioritize the welfare of children, family unity, marriage to Japanese nationals, and statelessness, Japantimes reported.
In 2022, the justice minister granted special permission for residence to 1,525 individuals, underscoring the importance of these measures in addressing complex immigration challenges.
