A Departure Order is a system that allows individuals who fall under the grounds for deportation (primarily overstaying) to leave Japan voluntarily. Considering it is a first offense and the practical harm is minor, this process is more flexible and carries lighter penalties than deportation under a written order.
Benefits of Receiving a Departure Order
The Departure Order system is a lighter alternative to deportation. If you must leave the country, you should aim for a Departure Order rather than deportation. The main differences are whether you are detained until departure and the length of the re-entry ban period for your next visit to Japan.
The differences are explained below:
| Re-entry Ban Period | Status Until Departure | |
|---|---|---|
| With Departure Order | 1 Year | No detention Fewer restrictions |
| Without Departure Order (Standard Deportation) | 5 or 10 Years | Detention is the rule Exceptions: Monitoring Measures / Provisional Release |
Eligibility for Departure Order (Overstay)
To be eligible, you must satisfy ALL of the following conditions:
- You are an illegal resident staying in Japan beyond the authorized period (overstay).
- You have appeared voluntarily at a regional immigration bureau with the intention to leave promptly.
- You have no prior record of being deported or leaving under a Departure Order.
- It is certain that you will leave Japan promptly.
Excluded Individuals
However, the following individuals are excluded (categorized into six groups):
Illegal Entry Violators
- Those who assisted illegal entry.
- Those who used or possessed forged/altered passports or residence cards.
- Those who obtained landing permission or residence status through false statements.
- Those who promoted the possession or distribution of forged residence cards.
Illegal Residence Violators
- Those exclusively engaged in activities other than those permitted.
- Those who assisted illegal employment.
- Those whose residence status was revoked under specific grounds.
- Those who remained beyond the period of specific special landing permissions.
Threats to Public Interest
- Those who harmed Japan’s interests or public safety.
- Those involved in activities to overthrow the Japanese government.
- Terrorists or those suspected of belonging to terrorist organizations.
Trafficking, Prostitution, Gambling, and Drug Violators
- Those involved in human trafficking or related assistance.
- Those sentenced to a fine or heavier punishment for obscenity or gambling.
- Those directly engaged in prostitution-related business.
- Violators involving illegal drugs such as narcotics.
Criminal Offenders
- Those sentenced to imprisonment for crimes such as theft, robbery, fraud, or extortion.
- Those sentenced to more than one year of imprisonment.
- Those requiring measures following discharge from specific correctional facilities.
Others
- Those whom the Minister of Justice determines have committed acts harmful to Japan’s interests.
How to Receive a Departure Order
To avoid deportation and receive a Departure Order, you must voluntarily appear at a regional immigration bureau.
Conversely, if you wait until you are caught by immigration officers or the police for overstaying, you cannot request a Departure Order after being apprehended.
When going to the immigration office, it is better to bring your ID along with organized factual reasons and departure information (such as flight booking status).
If You Are Judged Ineligible Upon Appearance
Even if you appear voluntarily, you might be judged ineligible for a Departure Order and placed on the deportation track. In such cases, you can still argue your eligibility during the oral hearing with a Special Inquiry Officer or the objection process with the Minister of Justice to have the decision reconsidered.
Conditions Under a Departure Order
If you receive a Departure Order, unlike deportation, you will not be detained, but your activities will be partially restricted. Violating these conditions may result in the revocation of the order.
Departure Deadline
You must depart within the deadline set, which will not exceed 15 days.
Unavoidable Extensions
If you cannot leave due to flight/ship schedules or other reasons not attributable to you, an extension may be granted upon request.
Residence and Range of Movement
Restrictions on residence and the range of movement, or other necessary conditions, may be applied depending on the case.
Process from Order to Departure
- The overstaying individual voluntarily appears at a regional bureau.
- An immigration control officer investigates the violation.
- If the individual is deemed eligible for a Departure Order, the case is handed over to an immigration inspector without detention.
- The inspector confirms eligibility, and the Supervising Examiner issues the Departure Order.
- The individual is released immediately.
- The individual departs promptly according to the order.
After Departing Under the Order
Even if you leave Japan under a Departure Order, you can come to Japan again, provided you meet certain conditions.
1-Year Entry Ban
You cannot enter Japan for one year after departing under a Departure Order. You will be denied entry during this period.
No Second Use of the System
The Departure Order can only be used once. If the same situation occurs during your next stay, you will face deportation proceedings. Additionally, if you have been deported in the past, you lose the right to use this system even if it would have been your first time using it.