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Special Permission for Residence

Those foreign nationals who have landed in or entered Japan illegally, nationals who are illegally overstaying the authorized period of stay in Japan, those engaged in any activity other than that permitted under the status of residence, those foreign nationals who have been sentenced to a punishment for violation of any Japanese laws or regulations while staying in Japan and other nationals who are found to be unsuitable are subject to deportation pursuant to the Immigration law. However, according to Article 50 of the Immigration Control and Refuse Recognition Act, the Justice Minister is entitled to grant a foreign national special permission for residence in view of his/her circumstances even when there is good reason for deportation. It is left entirely up to the Justice Minister whether special permission for residence is given or not.

Article 50(Special Cases of Determination by the Minister of Justice)
(1) The Minister of Justice may, even if he/she finds that the objection filed is
without reason, in making the determination set forth in paragraph (3) of the
preceding Article, grant the suspect special permission to stay in Japan if the
suspect falls under any of the following items:
(i) He/She has obtained permission for permanent residence.
(ii) He/She has had in the past a registered domicile in Japan as a Japanese
national.
(iii) He/She resides in Japan under the control of another due to trafficking in
persons.
(iv) The Minister of Justice finds grounds for granting special permission to stay,
other than the previous items.

The Immigration Bureau published the following guideline for deciding whether or not to grant special permission other than the reasons listed in the Article 50: July 2009

Positive Elements (extracted)
(1) He/She is a child fathered/mothered by a Japanese national or a Special Permanent Resident
(2) When he/she is raising a his/her own child fathered/mothered by a Japanese or a Special resident (the child may be in wedlock or out of wedlock who is affiliated by his/her father), each of the followings should be applied:
(i) The child is minor and unmarried.
(ii) He/She has custody of the child
(iii) He/She is taking care of and raising the child for a sufficient period in Japan.
(3) When He/She is legally married with a Japanese or a Special Permanent Resident, except fake marriage in attempt to avoid deportation, each of the followings should be applied:
(i) The married couple is living together, cooperating and supporting each other for a sufficient period.
(ii) The marital status is steady and stable such as having children.
(4) He/She is living with his/her own child who goes to a Japanese elementary/junior high school (except those schools which provide education in a foreign language) for a sufficient period of time in Japan, and is taking care of and raising the child.
(5) He/She suffers from intractable disease and needs medical treatment in Japan or has a reason to take care of his/her family member who suffers from such disease.
(6) He/She has been staying in Japan for quite a long time and is regarded to have settled here.

Other elements to be considered favorably
1. He/She voluntarily appears at the Immigration Offices
2. He/She has not convicted of felony.

First of all, You and your spouse or child need to appear at the Immigration Office with the required documents, and then this procedure for special permission begins. You need to go to the Immigration office several times for interview, until special permission is granted.

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