Regulation for Enforcement of the Immigration Control and Refugee Recognition Act

If permission pursuant to the provisions of Article 50, paragraph (1) of the Act (hereinafter referred to as "special permission to stay in Japan") is to be granted, a written decision pursuant to the Appended Form No. 61-3 is to be prepared.

A foreign national who seeks to apply for special permission to stay in Japan must appear at a regional immigration services bureau and submit a copy of each of the written application pursuant to the Appended Form No. 61-4 and materials proving that the foreign national falls under any of the items of Article 50, paragraph (1) of the Act.

When filing the application set forth in the preceding paragraph, the foreign national must present the documents listed in the following items. In this case, a foreign national who is unable to present their passport or certificate of status of residence must submit a copy of the document stating the reasons therefor:

passport and residence card in the case of a mid- to long-term resident;

passport and special permanent resident certificate in the case of a special permanent resident;

passport or certificate of status of residence in the case of persons other than mid- to long-term residents and special permanent residents;

in the case of a foreign national who has been issued a landing permit as provided in Chapter III, Sections 3 and 4 of the Act, the permit;

in the case of a person placed under supervision measures pursuant to the provisions of Article 44-2, paragraph (1) or (6) of the Act, the written notice of the decision on supervision measures set forth in paragraph (7) of the same Article; or

in the case of a person who has been granted permission for provisional release, the written permission for provisional release.

In the case referred to in paragraph (2), when the foreign national is under 16 years of age or is unable to file the application themselves due to disease or for other grounds, the father, mother, spouse, child, or a relative of the foreign national may file the application on behalf of the foreign national.

In the event that special permission to stay is granted, except for cases of having an immigration inspector issue a residence card pursuant to the provisions of Article 50, paragraph (7) of the Act and cases where the type of landing permission and the period of landing is established pursuant to the provisions of paragraph (7), item (i), the seal of verification pursuant to the Appended Form No. 62 or No. 62-2 is to be affixed to the foreign national's passport when the foreign national pertaining to the special permission to stay possesses a passport; and the certificate of status of residence pursuant to the Appended Form No. 32 with the same seal of verification is to be issued, or a seal of verification pursuant to the same Form is to be affixed to the certificate of status of residence which has already been issued when the foreign national does not possess a passport.

In the event that special permission to stay is granted, if a determination of the status of residence of "Highly Skilled Professional" (limited to those pertaining to item (i), sub-items (a) through (c) of the right-hand column under "Highly Skilled Professional" in the Appended Table I (2) of the Act) is made, the certificate of designation pursuant to the Appended Form No. 31-3 stating the public or private organization in Japan designated by the Minister of Justice is to be issued, if a determination of the status of residence of "Specified Skilled Worker" is made, a certificate of designation is to be issued using the Appended Form No. 31-4 which states the public and private organizations in Japan and the specified industrial fields designated by the Minister of Justice, and if a determination of the status of residence of "Designated Activities" is made, a certificate of designation pursuant to the Appended Form No. 7-4 stating the activities specially designated by the Minister of Justice for individual foreign nationals is to be issued.

The conditions found to be necessary, which may be imposed pursuant to the provisions of Article 50, paragraph (6) of the Act, are to be pursuant to the following items.

the types of landing provided for in Chapter III, Section 4 of the Act and the landing periods based on the provisions of Articles 13 to 18 for persons falling under Article 24, item (ii) of the Act (except for persons who landed in Japan in violation of the provisions of Article 9, paragraph (7) of the Act) or items (vi) through (vi)-4; and

restrictions on activities and other conditions found to be particularly necessary.

The notice pursuant to the provisions of Article 50, paragraph (10) of the Act to the effect that special permission to stay is not granted is to be made by the written notice pursuant to the Appended Form No. 62-3.

The format of the written deportation order prescribed in Article 51 of the Act is to follow that of the Appended Form No. 63.

If a supervising immigration inspector has asked a police officer or coast guard officer to enforce a written deportation order pursuant to the provisions of Article 52, paragraph (2) of the Act, the supervising immigration inspector must receive a notice of the results thereof.

If the police officer or coast guard officer set forth in the preceding paragraph has completed the deportation pursuant to the written deportation order or when its enforcement has become impossible, the supervising immigration officer must have the written deportation order stating that fact returned.

If an immigration control officer hands over a foreign national subject to deportation to a carrier pursuant to the provisions of the proviso to Article 52, paragraph (3) of the Act, the officer must notify the carrier that they have an obligation to repatriate the foreign national pursuant to the provisions of Article 59 of the Act by a written notice of repatriation pursuant to the Appended Form No. 64.

If the destination of deportation is established pursuant to the provisions of the second sentence of Article 52, paragraph (4) of the Act, a certificate of designation of the destination of deportation pursuant to the Appended Form No. 64-2 is to be issued.

A foreign national who seeks to apply for a decision that the period during which they are to be denied landing is to be one year pursuant to the provisions of Article 52, paragraph (5) of the Act must appear at a regional immigration services bureau and submit a written application pursuant to the Appended Form No. 64-3 and a copy of each of any other materials to be used as a reference.

In the case referred to in the preceding paragraph, when the foreign national is under 16 years of age or is unable to file the application themselves due to disease or for other grounds, the father, mother, spouse, child, or a relative of the foreign national may file the application on behalf of the foreign national.

The date provided for in Ministry of Justice Order as prescribed in Article 52, paragraph (5) of the Act is to be the date set by the supervising immigration inspector within a period not exceeding seven days from the scheduled date of departure pertaining to the permission pursuant to the provisions of paragraph (4) of the same Article.

The notice under Article 52, paragraph (6) of the Act to the effect that the decision has been made is to be made by the written notice pursuant to the Appended Form No. 64-4.

The restrictions on residence and scope of activities, the obligation to appear when given summons, and other conditions pursuant to the provisions of Article 52, paragraph (10) of the Act are to be pursuant to the following items:

the residence is designated by the director of the immigration detention center or the supervising immigration inspector (hereinafter referred to as "director, etc.");

the scope of activities is to be within the area of the prefecture where the designated residence is located, except for cases in which the director, etc. finds that there are special reasons and has decided otherwise;

a request for appearance is made by the director, etc. with a designation of the time, date, and place to appear; and

beyond what is provided for in the preceding three items, the director, etc. prohibits foreign nationals to engage in activities related to the operation of a business involving income or activities for which they receive a remuneration and imposes other conditions found to be particularly necessary.

The provisions of Article 36-2, paragraph (3) apply mutatis mutandis to a request for appearance for a person who has been granted special release under an obligation to appear upon receiving summons pursuant to the provisions of Article 52, paragraph (10) of the Act.

The format of the special release permit prescribed in Article 52, paragraph (11) of the Act is to follow that of the Appended Form No. 65.

The acts provided for in Ministry of Justice Order as prescribed in Article 52, paragraph (12) of the Act are as follows:

preparing or obtaining documents (including electronic or magnetic records (meaning records created by an electronic or magnetic means which are used in information processing by computers); the same applies hereinafter in this Article) necessary for an application for issuance of a passport;

submitting or providing documents necessary for an application for issuance of a passport and personal identification information (meaning fingerprints, photographs and any other information by which an individual can be identified) to an embassy, etc. (meaning a foreign embassy, legation or consulate in Japan or any other institution equivalent thereto; the same applies in the following item) or to an immigration inspector or immigration control officer;

complying with a request for appearance or an interview from a member, etc. of the embassy, etc.;

providing a valid passport to an immigration inspector or immigration control officer;

preparing or obtaining a written declaration concerning the payment of customs duties or any other document necessary for deportation at the request of a foreign government recognized by the Japanese Government or an authorized organization of a region prescribed in Article 2, item (v), sub-item (b) of the Act (referred to as a "foreign government, etc." in the following item) or of an airline or shipping company (referred to as an "airline, etc." in the following item);

at the request of a foreign government, etc. or an airline, etc., submitting or providing a written declaration concerning the payment of customs duties or any other document necessary for deportation to a foreign government, etc. or an airline, etc. or to an immigration inspector or immigration control officer, or carrying out any other procedure necessary for deportation;

keeping or retaining a passport or any other document necessary for deportation;

reporting the status of the acts listed in the preceding items to an immigration inspector or immigration control officer at the request of the immigration inspector or immigration control officer.

The order pursuant to the provisions of Article 52, paragraph (12) of the Act is to be given by a written order to apply for issuance of a passport, etc. pursuant to the Appended Form No. 65-2.

If the supervising immigration inspector has extended, pursuant to the provisions of Article 52, paragraph (13) of the Act, the period set based on the provisions of paragraph (12) of the same Article, the inspector is to notify the person to that effect by a written notice pursuant to the Appended Form No. 65-3.

The plan for departure established based on the provisions of Article 52-8 of the Act is to state the following particulars:

the circumstances that are the cause of being unable to send the person outside Japan;

the results of hearing the wishes of the person to whom a written deportation order has been issued;

the expected time at which the circumstances that are the cause of being unable to send the person outside Japan will be resolved.