Your residence status can be revoked in certain cases, and you may be subject to deportation from Japan.
These procedures—revocation of status and deportation—mean losing the very foundation of your life here. For any foreigner living in Japan, these are the most serious penalties or administrative actions you could face.
If you wish to continue your life in Japan, it is crucial to avoid these outcomes at all costs. You should pay close attention and stay mindful of the legal boundaries in your daily life to ensure you don’t accidentally cross them.
Even if you are living as a law-abiding citizen, some of these rules are so closely tied to everyday activities that it’s possible to violate them without realizing it.
Revocation of Status of Residence
Revocation of status means exactly what it sounds like: your legal right to stay is taken away. Most importantly, since revocation is often a direct trigger for deportation, you must treat it with extreme caution as if it were part of the deportation process itself.
To put it simply: if you commit an act defined by law as grounds for revocation, your status will be canceled. Since having your status revoked is a legal reason for deportation, the two are directly linked. However, you are always given an opportunity to explain your side of the story.
Acts Leading to Revocation
The specific acts that lead to revocation are defined by law, so you can avoid them if you know what they are. Here is a brief overview:
- Obtaining landing or residence permission through false applications or fraud.
- Failing to engage in the activities required by your current status for a certain period (3 or 6 months or more).
- Violating the obligation to report your place of residence (for mid-to-long-term residents).
Revocation Procedures
The decision-making process for revocation involves up to three levels. If a final decision to revoke your status is made, the case typically moves into deportation procedures.
For individuals suspected of meeting the grounds for revocation:
- Fact-finding investigation by an Immigration Inspector or Immigration Control Officer.
- A formal hearing of opinions by an Immigration Inspector.
- Final decision by the Minister of Justice.
However, as an exception, there are cases where you can leave Japan without going through formal deportation. This may apply if you submitted incorrect documents by mistake when applying for your status. In such cases, you may be given a 30-day “grace period for departure,” allowing you to leave as a legal resident.
Deportation
Deportation is a system designed to maintain public order in Japan by removing foreign nationals who fall under specific categories deemed “undesirable” by the state. It is enforced regardless of the person’s desire to stay. While the word “force” can sound aggressive, it does not necessarily imply violence. You are also given an opportunity to prove your innocence during the process.
Grounds for Deportation
There are approximately 30 to 40 categories defining why a person might be deported. The most common ones include:
- Individuals whose residence status has been revoked.
- Individuals who frequently engaged in activities outside the scope of their visa.
- Individuals who entered or landed in Japan illegally through fraud or criminal acts.
- Involvement in illegal work.
- Crimes related to prostitution, narcotics, or other serious offenses.
- Attempting to overthrow the Japanese government.
Deportation Procedures
Deportation follows a specific series of legal steps. The process is divided into two halves: the “Examination” phase, where the decision is made, and the “Execution” phase, where the departure is carried out.
Examination Phase
The review consists of up to four stages:
- Investigation by an Immigration Control Officer.
- Examination by an Immigration Inspector.
- Hearing by a Special Inquiry Officer.
- Determination by the Minister of Justice.
Execution Phase
There are three primary routes for leaving the country:
- Standard Route (Forced Departure).
- Departure Order System: A route with significantly reduced penalties before and after leaving.
- Supervisory Measures or Provisional Release: A route that significantly reduces restrictions on daily life and residency before departure.