NEWS

IMMIGRATION LAW HAS BEEN REVISED

As you may know, the Immigration law in Japan has been revised on 18th Feb. 2000. Since the revision was made public, many people have come to us with their questions seeking advice, as the revision are difficult to understand . Therefore, we would like to present our comments about the revision . Please inform your friends if you can !!

1. The Creation of a new criminal offense called " unlawful stay "

Q: What is the new criminal offense called " unlawful stay ", and who is being targeted under this new offense?

A: This penalty is designed to punish those who are staying in Japan illegally after entering Japan illegally, including entering Japan without any legal documentation, using a false passport or alias on the passport, or as a result of human trafficking (smuggling ).

This penalty does NOT apply to those foreigners who have entered Japan with legal documentation through appropriate legal procedures who have simply "overstayed " their visa beyond the expiration date on the visa.

Q: I have heard that from this time forward, when we return to our home country, we will be fined 300,000 yen and imprisoned for up to three years. Is this true?

A: No. A judgment by the court is required to punish any person under law. If the person chooses to surrender to the immigration authorities, he or she will not be punished in this way. Even if you are arrested by the authorities, the usual procedure is to undergo prosecution. The court generally renders a suspended sentence, and after a short period of detention, she or he will be allowed to return to one's home country. There are no known cases in which the court has imposed this maximum penalty for violation of the immigration law. So please do not worry.

2. Extension of the Period of Refusal of Re-enty into Japan

Q: What is period provided under the law that allows the Japanese government to refuse re-entry into Japan, and if the law has been revised, what will be changed by this revision?

A: Once a person is deported, that person will not be allowed to re-enter Japan for at least five years. This is called the "period of refusal of re-entry" into Japan. Under the former law, this period was only one year.

Q: Who will be target of this revision to the Immigration law?

A: All people, including both those who have illegally entered Japan, or simply overstayed their visas, who are deported from Japan, are the targets of this particular revision.

Q: Since the period of refusal to re-enter Japan has been extended, should I go back to my home country?

A: This extension as applied will begin to take effect on February 18, 2000, to those deported from Japan after this date. Before February 18, 2000, the one year period for refusal to re-enter Japan will be applied.

But as you may know it is almost impossible come back to Japan without valid reason with a legal passport if you have been deported from Japan. This situation will not change.

Q; Even if I have married a Japanese national, I would not be able to return to Japan for five years?

A: If you have married a Japanese national or a permanent resident of Japan, or you are the legal guardian of children with Japanese nationality, even if you do not have a legal visa, you may be given legal visa to apply for special permission for residence in Japan. Such requests are made to the Minister of Justice, and in most cases, special permission is granted. Also, if you are raising children recognized by one of parents to be of Japanese heritage, there is a possibility of obtaining legal visa.

If you try to apply for a visa from your home country, the procedures to re-enter to Japan can be very complicated. But even if you have been deported and you have a valid reason to return to Japan ( for example, you married a Japanese national), it is possible to come back to Japan before the legal five year re-entry period.

For more information, please consult with a local NGO which deals with these types of cases on a regular basis.

3. Extension of the Period of Validity of Permission to Re-enter Japan.

Q; What is period of validity of permission to re-enter to Japan?

A: Upon leaving Japan, one must have permission from the Japanese government in order to retain the same visa status, otherwise, the visa status will be invalidated. This permission is called the " period of validity of permission to re-enter to Japan ".

Q: What will be changed by this new revision?

A: The period of permission will be extended from one year to three years . Therefore, within the validity of visa status, a person can hold off re-entry into Japan for up to three years after permission is granted, plus the one year a person is allowed to obtain permission.

4. Other Considerations

Q; From when will the revisions to the Immigration law be enforced?

A: The revision to the Immigration law was promulgate on August 18, 1999, and will enter into force six months from this date, which will be February 18, 2000, until this time, the revision will not apply.