The Barred Period and Special Permission for Landing

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The Barred Period and Special Permission for Landing.

 If the Special Permission for Residence is not granted the applicant is to leave Japan by Deportation Order. And a question asked here is about the barred period from Japan. The deported person cannot enter Japan for 5 years in principle. This is provided in 9, article 5 of Immigration Control Act.

Article 5 (Refusal of Landing)
Any alien who falls within any one of the following items shall be denied of an application for permission for landing in Japan.(9) Any person who has been denied of landing for coming under the provision of either Item(6) or the preceding item and 1 year has not lapsed from the date of the denial. Or any alien who has been deported from Japan for coming under any one of the items of Article 24 (except for Item (4), Sub-items (1) to (o) and Item (4)-3) and 5 years has not elapsed from the date of the deportation. (Directly cited from “Immigration Control Act and Refugees Recognition Act”)

Almost all applicants of the Special Permission for Residence have Japanese spouses or spouses with status of Permanent Resident. They have to be torn apart from the families once they are deported. Furthermore it does not mean deported people can have spouse visas after the 5 years of barred period. In most of cases their spouses in Japan apply for “Certificate of Eligibility for Status of Residence”. But the grant of a visa is a separate issue from the barred period. Immigration Bureau decides whether to issue the certificate even after the period.

Besides the fact that the applicant was deported is disclosed on application. So inevitably the assessment conducted by immigration officers are strict. Some try to enter Japan with false name or fake passport because they are dying to see their spouses. But this is illegal. Once they are found of this illegal action they again become subjects to be deported and barred for another 5 years (in some cases 10 years). This is why it must never be done.

Still there is a little chance for the Special Permission for Residence. In this case it is called Special Permission for Landing and the holder may be able to enter Japan before the barred period.

 Immigration Control Act Article 12 (Special Cases of Decision of the Minister of Justice)

 Article 12. In making a decision as provided for in Paragraph 3 of the preceding article, the Minister of Justice may, even if he/she finds that the objection filed is not well-grounded, give special permission for landing to such an alien if the alien concerned has received the re-entry permission or if the Minister of Justice finds that there exist circumstances that warrant the granting of special permission for landing. (Directly cited from “Immigration Control Act and Refugees Recognition Act”)

 Before entering Japan with the “Special Permission for Landing” it is required to notify Immigration Bureau or an airport of the booked flight number and the expected date of entry because an examination by an Immigration Inspector conducted at an airport reveals the alien is still on the Barred Period. Without a notification the alien may be rejected for entry on the spot.

 Please note the grant of “Special Permission for Landing” is up to the discretion of the Minister of Justice just as “Special Permission for Residence”. Application does not always mean grant of the permission. Details of the criteria are not exposed, but there is no doubt that the necessity to stay in Japan is important for the assessment. For example, by various reasons a person want to raise a child in overseas with Japanese nationality, in Japan and the spouse needs someone’s care for sickness. Similarly it is important how communications between the husband and the wife took place.

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