What is application for special permission to stay?
Application for special permission to stay is the special measure to obtain legal status on the premise that the applicant will be deported to its home country. In other words, as the result of application for special permission to stay, the applicant who has been violating immigration law can get a visa in consideration of several factors.
The application for special permission to stay is not officially regulated by the immigration law. Special permission is given in the course of the deportation process if the person reports the willingness to continue to stay in Japan to the Immigration Bureau and goes through a specific procedure.
In order to obtain special permission, the applicant must go through the deportation procedures. If the claim is not approved, consequently, a written deportation order is issued and the applicant is to be sent out of Japan.
The final decision on such approval is made by the Minister of Justice.
Image of procedure
Requirements and points
The immigration law does not stipulate the requirements for Special Permission of Residence, and only establishes the guidelines. The next section will explain the main points of the guidelines.
The guidelines for special permission to stay states the following cases as situations where it is generally easier to obtain special permission to stay:
1 . The applicant is a spouse of a Japanese national
2 . The applicant is a spouse of a “special permanent resident” or “permanent resident”
3 . The applicant has a biological child of Japanese nationality with a Japanese national
Naturally, even in the case that the applicant’s spouse is a Japanese national, the claim may be denied and the applicant may need to leave Japan. Conversely, there are some cases where families who have stayed in Japan illegally for more than 10 years obtained the permission without being married to a Japanese national. Thus, it is not always the case that the applicant can obtain the permission if the applicant meets the requirements mentioned above. Rather, judgement is case-by-case.