Guideline for Special Permission for Residence

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A Guideline for the Special Permission for Residence

 “A Guideline for the Special Permission for Residence” has been provided by Immigration Bureau in June, 2006. The detail is as follows

 A Guideline for the Special Permission for Residence. (June, 2006 provided by Immigration Bureau in the Ministry of Justice).

 Immigration Bureau announces the completion of the guideline for Special Permission for Residence that had been discussed on the basis of 3-Years-Plan of Promotion of Regulatory Reform and Privatization of Public Businesses which was decided by a Cabinet Meeting in 31st March, 2006, and Basic Plan for Immigration Control (3rd Edition) which was created in March 2005. The attached file contains the guideline for disclosure.
(Reference)

1.Basic Plan for Immigration Control (3rd Edition)
2.Measures for Recovering Japan’s Public Security through Promotion of Tough Border Measures and Substantial Reduction of Illegal Foreign Residents.

(6)Continuing Consideration of Conditions of Illegal Foreign Residents
A.Treatment Based on Links to Japanese Society.
In order to increase the transparency of special permission to stay, more cases where special permission to stay has been granted will be made public and consideration will be given to whether and how to work out guidelines for special permission to stay while taking into careful account such guidelines’ possible effects on other illegal foreign residents.

・3-Years-Plan of Promotion of Regulatory Reform of Privatization of public business.
3.Migration/Residence of Aliens.
(3) Articulation and Better Transparency of the Standard related to Permanent Resident and Special Permission to Stay.
② Publicisation of unsuccessful applications for the Special Permission to Stay and Establishment of Guidelines of the Special Permission to Stay. (Discussed and Concluded in 2006).
・・・discussions from comprehensive point of view took place and the conclusion on establishment of guidelines for the Special Permission to Stay achieved, aiming at better transparency and impartiality.

 Basic ideas on guidelines of October, 2006 the Ministry of Justice Immigration Bureau Special Permission to Stay related to the Special Permission to Stay..

When assessing applications for the Special Permission to Stay, it is decided on the basis of comprehensive considerations of matters such as the reason for residence, the family situation, the living situation, the behaviour, domestic and international situations, necessity of humanitarian considerations, and the effect on illegal residents in Japan. Matters to be taken in to account regarding the assessments of the applications and the basic ideas on grant of the Special Permission to Stay are as provided above. Although there is no “Standard” for the assessment matters to be taken into account when deciding whether to grant the permission are provided below.

Positive Factors
Positive Factors other than those provided in No. 1 to No. 3 in Section 1 of the Immigration Control Act article 50 are as below. (refer to note)

(1)the alien is a child of a Japanese citizen or of a Special Permanent Resident.

(2)The alien who nurtures a child of a Japanese citizen or of a Special Permanent Resident (a legitimate child or a illegitimate child recognized by the father of the child) and corresponds to all of the following requirements:
A.The child is underage and unmarried.
B.The alien holds the custody of the child.
C.The alien has been residing with and nurturing the child, and the child has been under the alien’s custody for certain period of time in Japan.

(3)The marriage between the alien and the Japanese spouse or Special Permanent Resident was legally solemnized, (Excepting for the cases of fake marriages or lodgment of a superficial application for marriage registration to avoid deportation) and all of the definitions apply to the alien.
A.The alien and the spouse co-reside for certain period of time as a husband and a wife, and help each other.
B.The marriage is stable proved by a fact of, for example, having a child.

(4)The special situation is confirmed and needs humanitarian considerations.
(e.g) Treatment for an obstinate disease or illness in Japan is required.
Stable life in Japan is recognized and it is hard to live in the alien’s mother country as the relation between the alien and the country is weak.

Negative Factors
Negative Factors are as follows:

(1)Violation of the Criminal Law or bad bahaviour is recognized.

(2)Violation related to the Immigration Control Administration or violation of high anti-sociality is confirmed.
(e.g) Penalized for crime such as accessory, crime related to collective men smuggling, issuing and receiving fake passport.
Violations leading to deportation such as an activity other than that permitted by the status of residence, Illegal entry, and illegal landing.

(3)Have gone through Deportation Procedure in the past.

(note) Article 50 (Exceptional Decision by the Minister of Justice)

Although no convincing reasons found the Minister of Justice is approved to exceptionally entitle those who correspond to the following matters in accordance with section 3 in the previous article.

1.He/she is a permanent resident
2.He/she held Japanese citizenship in the past.
3.He/she stayed in Japan under someone’s control by human trafficking or others.
4.The Minister of Justice sees other matters and approves they should be taken into consideration for granting special permission for stay.
(②,③omitted)

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