2 cases of Special Permission for Residence

Visa Application service for Special Permission for Residence >  Information for Overstays.  > 2 cases of Special Permission for Residence

At-home accusation

Generally At-home accusation indicates a case of an alien married a Japanese or with a Japanese child turn him/herself in at an Immigration Bureau and apply for the Special Permission of Residence. In this case he/she is unlikely to be detained. It is usually the case that a regular visa is granted followed by the Special Permission for Residence.

However if a case is considered suspicious when appearing at an Immigration Bureau for the first time, detention is avoided on purpose to allow police conduct investigations secretly and collect evidences to detain him/her on second summon.

A regular visa (a status of residence) is not granted soon after the first appearance. It is still over-stay even after the appearance to an Immigration Bureau until a visa is granted. It may be a case that an overstaying person is interrogated and apprehended by police. If that happened he/she has to go through a procedure similar to that of Detention Case presented below.

Detention Case.

 A Detention Case is an alien applies for the Special Permission of Residence after apprehended for overstay or other violations and detained by Immigration Bureau.

 In some cases the Special Permission for Residence is applied while detained and it is granted if he/she is already married on apprehension. But he/she has less chance of grant of the permission because his/her behaviour is considered to be “Bad” in comparison to the case an overstaying alien turns him/herself in at an Immigration Bureau. Although an application for provisional release is made at same time as the detention there is little chance. So the investigations are conducted and the Minister of Justice makes the final decision during the detention.

 If the detainee has not been married yet the situation is rather difficult. It sometimes is seen that a fiancée of a detainee hurries to lodge an application for marriage registration and for the Special Permission for Residence after he/she detained. But this is called “in-hurry marriage” and is questioned of its “reliability” and “the necessity of residence in Japan”. Many applications lodged under this kind of situation used to be accepted and become successful as long as the marriage is true. But it is not the case in present time anymore. A lot of evidence needs to be provided or the Special Permission for Residence is hardly granted.

If an alien is charged with theft, prostitution, drug use etc, other than overstay when apprehended the situation is even worse. There still is a little chance for the permission if the sentence is suspended. But in case of no suspension the chance for the permission is almost none except for prostitutions as a result of “human trafficking”. Applications by those charged with prostitution, but are victims of “human trade”, have chance to obtain the Special Permission for Residence because of “Revision in matters of the Special Permission for Landing and Special Permission for Residence for victims of human trafficking” carried out in July, 2006.

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