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Special permission to stay [illegal residence, etc.]


Special permission to stay                            

Illegal stay or overstay falls under the grounds for deportation, judging that there are circumstances that the Minister of Justice should grant special permission to stay,

It refers to permission to allow residence at its discretion.

Some cases allowed

Examples of permission and non-permission

Judging criteria

Article 50 Even if the Minister of Justice finds that the objection filed is groundless in making the decision set forth in paragraph 3 of the preceding Article, if the suspect falls under any of the following items, the suspect shall: may be granted special permission to stay in

(i) When the person has received permission for permanent residence;

(ii) When he/she has had a permanent domicile in Japan as a Japanese citizen.

(iii) When the person resides in Japan under the control of another person due to trafficking in persons, etc.

(iv) When the Minister of Justice deems that there are circumstances requiring special permission to stay.

2. In the case of the preceding paragraph, the Minister of Justice may determine the status of residence and period of stay and impose any other conditions deemed necessary pursuant to the provision of a Ministry of Justice ordinance.

3. In cases where the Minister of Justice grants permission pursuant to the provisions of paragraph 1 (limited to cases involving determination of status of residence) and the foreigner concerned becomes a mid- to long-term resident, the Commissioner of the Immigration Services Agency shall conduct an immigration examination. The government shall issue a residence card to the foreigner concerned.

4. With regard to the application of the provisions of paragraph 4 of the preceding article, the permission set forth in paragraph 1 shall be deemed to be a ruling to the effect that there is a reason for filing an objection.

Applicable laws and regulations

  • Immigration Control and Refugee Recognition Act Article 50

Required documents

  • Photo

  • Application for special permission to stay

  • Declaration form

  • Written statement

  • Petition

  • Reflection letter

  • Letter of guarantee

  • Inhabitant tax taxation certificate/tax payment certificate

  • Residential lease agreement

  • Copy of bankbook or bank balance certificate

*Additional documents may be required depending on the case.

Review period

About 4 to 6 months is common


  • Please feel free to contact us for details as the response varies depending on the case.

  • It is possible to be present at the appearance



Immigration Service











Licensing Service


Immigration Service





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