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< What is a Special Permission for Residence? >
[Special Permission for Residence]
Considering special circumstances and as a special case of decision, the Minister of Justice may grant at his discretion a special permission for residence to a foreigner to be deported.
A special permission for residence is not what a foreigner may apply for and will not be granted until the final step of procedures for deportation. However, obtaining this permission is the only way for an illegal resident to continue his stay in Japan legally.
[Procedures for Deportation]
Procedures for deportation are divided into 4 steps as follows.
1. 1st step (Investigation of Violations by an Immigration Control
Officer)
When you are arrested or appear voluntarily to the Regional
Immigration Bureau, an Immigration Control Officer at first
investigates the violation. When he finds that you come under
the reason for deportation, he will detain you.
If you wish to obtain a special permission for residence, you
shall appear voluntarily. In this case, you may not be detained
and the investigation of violation will be done while you are
at home.
When detained, the provisional release may be applied for as
follows.
1) Applicant
Yourself or your proxy, spouse, lineal relative, brother or
sister may apply for. The guarantor and bail bond are
required.
2) Bail Bond
You are required to deposit a bail bond not more than 3
million yen (normally 100 〜 300 thousand yen) and a
deposit shall be returned after obtaining a special
permission for residence.
3) Conditions for the provisional release
The provisional release shall be granted with conditions
such as restrictions on place of residence and area of
movement, duty of appearance, etc.
4) Provisional release after issuance of the deportation order
The provisional release will not be granted after the
deportation order has been issued.
As an Immigration Control Officer has no power to release a
detained foreigner, he shall deliver a foreigner to an
Immigration Inspector within 48 hours after the detention.
2. 2nd step (Examination by an Immigration Inspector)
An Immigration Inspector shall promptly examine whether you
come under any one of the reasons for deportation.
The application for provisional release may be approved soon
after the delivery, if not, the application shall be made again.
When you appeared voluntarily and the investigation was made
while you were at home, you will be detained as a matter of
formality and simultaneously the provisional release will be
approved.
The result of examination and the procedures after examination
are as follows.
1) When an Immigration Inspector finds that you do not come
under any one of reasons, you shall be released without
delay.
2) When an Immigration Inspector finds that you come under
the reason and you agree with the findings (do not raise any
objection), the deportation order shall be issued without
delay.
3) When an Immigration Inspector finds that you come under
the reason but you do not agree with the findings (raise an
objection), you may request to proceed to the next step
within 3 days from the date of notification of result.
If you wish to obtain a special permission for residence, you
must raise an objection and proceed to the next step.
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Your inquiry will be always welcome;
sugi-san@mva.biglobe.ne.jp
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