Even if you acquire a status of residence upon arrival, it can be revoked during your stay depending on the circumstances. The status of residence is essentially a regulation of how foreign nationals reside in Japan to serve the national interest. If you engage in acts outside these regulations, there is a possibility that Japan’s national interest cannot be guaranteed, and in such cases, your status will be revoked.
Revocation of status of residence is considered one of the grounds for deportation. Practically, it should be viewed as the beginning of the deportation process. It is important to understand the serious consequences and to know where the legal “traps” are laid.
The grounds for revocation can be broadly divided into the following three categories. We will explain each in order.
- False application at the time of entry or after entry
- Inactivity (Failure to engage in the authorized activity) after entry
- Failure to report place of residence after entry
False Application at the Time of Entry or After Entry
If you obtained your status of residence through a false application, it is a natural consequence that it will be revoked if discovered. Below, we explain specifically what types of applications and what contents of falsehoods become problems.
Types of Applications Subject to Revocation
- At the time of entry
- Visa application
- Application for Certificate of Eligibility (COE), etc.
- After entry
- Application for Change or Extension of Status of Residence
- Application for Permission for Special Permanent Residence, etc.
Content of Falsehoods
- Concealing the fact that you fall under grounds for denial of landing
- Falsely stating your purpose of landing or residence
- Submitting documents or drawings containing false entries
Penalty Severity Varies by Content of Falsehood
In cases of “Concealing grounds for denial of landing” or “Falsely stating purpose of residence,” the process follows the usual pattern leading from revocation of status directly to deportation.
However, for “Submitting documents containing false entries,” a departure grace period system is applied.
After the status of residence is revoked, a departure grace period of usually not more than 30 days is designated, and a “Designated Period for Departure” notice is issued. If you leave Japan within that period, it is treated as a departure during a legal stay. Otherwise, it constitutes grounds for deportation, and you will be deported.
Inactivity After Entry
The statuses of residence in Appended Table I are granted on the condition that the foreign national engages in specific activities permitted in Japan. In other words, spending time idly without engaging in the permitted activities within the scope of the regulations, without a justifiable reason, is also a violation of the regulations.
“You are permitted to do it, and you MUST do it.”
Inactivity Period of 3 Months or 6 Months
For most statuses of residence, a period of 3 months is the line for determining inactivity.
Exceptions where it is set to 6 months include the following:
- Highly Skilled Professional (ii)
- Spouse or Child of Japanese National
- Spouse or Child of Permanent Resident
Application of Departure Grace Period System
If you fall under this provision, a departure grace period of usually not more than 30 days is designated, and a “Designated Period for Departure” notice is issued. If you leave within that period, it is treated as a regular departure. Otherwise, it becomes grounds for deportation.
Failure to Report Place of Residence After Entry
The Japanese government wishes to grasp the residence of foreign nationals as basic personal information, and reporting the place of residence is mandatory for foreign nationals. Since Japanese nationals are also required to report their residence, it can be said that the system aimed at grasping the residence of people in the country is applied to foreigners as well.
Mid-to-Long Term Residents Only
Notification of residence is required only for mid-to-long term residents. Short-term residents are excluded, likely considering the reality of traveling and moving from place to place.
Must Report New Residence Within 90 Days or Risk Revocation
Mid-to-long term residents must report their place of residence within 90 days of landing or within 90 days of moving to a new address. Originally, there is a regulation to report these within 14 days, but if you exceed that and go beyond 90 days without a justifiable reason, it leads to deportation.
Application of Departure Grace Period System
If you fall under this provision, a departure grace period of usually not more than 30 days is designated, and a “Designated Period for Departure” notice is issued. If you leave within that period, it is treated as a regular departure. Otherwise, it becomes grounds for deportation.