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< What is a Special Permission for Residence? >
[Procedures for Deportation]
3. 3rd step (Hearing by a Special Inquiry Officer)
Upon receiving a request, a Special Inquiry Officer conducts
the hearing and examines whether there was an error in the
findings of an Immigration Inspector.
The result of hearing and the procedures after hearing are as
follows.
1) When a Special Inquiry Officer finds an error, you shall be
released without delay.
2) When a Special Inquiry Officer finds no error and you
agree with the findings (do not raise any objection), a
deportation order shall be issued without delay.
3) When a Special Inquiry Officer finds no error but you do
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.
4. 4th step (Decision by the Minister of Justice)
Upon receiving a request and as the final step of the
procedures for deportation, the Minister of Justice shall decide
whether your objection is well-grounded and also there are
special circumstances.
The result of decision and the procedures after decision are
as follows.
1) When the Minister of Justice finds that your objection is
well-grounded, you shall be released without delay.
2) When the Minister of Justice finds that your objection is
groundless and there are no special circumstances, a
deportation order shall be issued without delay.
3) When the Minister of Justice finds that your objection is
groundless but there are special circumstances, he may
grant a special permission for residence and your status
of residence and period of stay are assigned.
As explained, it will be a long way to the permission (it may take more than 6 months) but you must raise an objection and request to proceed up to the final step. Because these steps are the only way that you can obtain a special permission for residence.
[Special Circumstances for Permission]
A special permission for residence may be granted when you come under any one of the followings and also do not affect the politics and public peace in Japan.
1. A spouse of Japanese national or permanent resident who
lives without violating any other law and does not seem to
have registered a marriage to avoid the deportation.
2. A child of the above who was born and brought up in Japan.
3. A foreigner who has obtained a permission for permanent
residence.
4. A foreigner who has had in the past a permanent domicile in
Japan as a Japanese national.
5. A foreigner who is bringing up a child of Japanese national or
a child legally acknowledged by Japanese national.
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Your inquiry will be always welcome;
sugi-san@mva.biglobe.ne.jp
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