June Advisors Group

Re-Apply after a Failed Application

If you get divorced from your Japanese spouse, it is required to report the divorce to the Immigration office under the new law from July 9, 2012.

The Immigration officed may revoke your spouse visa after 6 months from the divorce.

It is eventually possible to change your spouse visa to a "Long Term Resident" visa if you have lived long enough in Japan (approximately 5 years) or if you have a child of Japanese nationality to raise in Japan.

Forgetting to Extend your Visa

If you have overstayed accidentally by simply forgetting to renew your visa in time, it is eventually possible to submit the application for the visa renewal in an ordinary way upon the Immigration officer's approval, provided that the period of overstay hasn't been too long and that you maintain the conditions to be able to renew the visa (working or being married continuously).

IIn case of an intentional overstay, the consequences are:

Deportation

If your case is suspected to fall under one of the cases that are subject to the deportation (including overstay), the Immigration office will firstly conduct a survey on your situation. They have the right to question people and organizations related to you, to search places and confiscate evidences.

You may be requested to appear at Immigration for the investigation and be detained if judged necessary.

You have three different opportunities to defend yourself - Examination, Hearing (within 3 days after the Examination) and Filing of an Objection (within 3 days after the Hearing).

After all these procedures, the authorities will make a decision whether they will deport you or not. If you are deported, you are banned to enter Japan for 5 years.

Even if you do fall into one of the cases where you should be deported, the authorities could give a special permission to stay depending on each case.

Departure Order

You can also appear at Immigration office voluntarily to announce your overstay. If you satisfy all of the following conditions, you can get the Departure Order, and in most cases you won't be detained.

  • You have appeared at Immigration office voluntarily
  • You don't fall into any other cases of deportation except for overstay
  • You haven't committed crime in Japan
  • No past record of deportation or departure order
  • You are most likely to leave Japan immediately (within 15 days)

Different from deportation, the ban to enter Japan will only last for 1 year.

In any case, it is important to make sure that you will not receive either a deportation or departure order. However, it is quite easy to overstay without even noticing it, as the Immigration office will not remind you the expiration date of your current visa. So make sure that you won't forget when you have to renew your visa the next time!

If you have unfortunately overstayed accidentally, the application needs to be handled very carefully so that you will be able to remain in Japan continuously, so we would recommend you to contact us for advice.

Please note that we don't take cases of people who overstayed intentionally.

Certified as Immigration Lawyers by the Japan Immigration Office, we can help you with obtaining an appropriate visa and with other immigration procedures.

For more information, click here.

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