Immigration Control and Refugee Recognition Act

Any foreign national (except for a crew member; hereinafter the same applies in this Section) who seeks to land in Japan must possess a valid passport with a visa issued by a Japanese consular officer, etc.; provided, however, that a visa is not required for the passport of a foreign national for whom a visa issued by a Japanese consular officer, etc. is unnecessary pursuant to an international agreement or through notification to that effect from the Japanese Government to a foreign government for the passport of a person for whom re-entry permission pursuant to the provisions of Article 26, paragraph (1) (including those persons who are deemed to have been granted re-entry permission pursuant to the provisions of Article 26-2, paragraph (1) or Article 26-3, paragraph (1); the same applies hereinafter) has been granted or for the refugee travel document of a person who has been issued a document pursuant to the provisions of Article 61-2-15, paragraph (1).

The foreign national set forth in the main clause of the preceding paragraph must apply for landing with an immigration inspector at the port of entry or departure in which the national seeks to land and undergo an examination for landing in accordance with the procedures provided for by Ministry of Justice Order.

A foreign national who seeks to apply for landing as set forth in the preceding paragraph must provide an immigration inspector with personal identification information (fingerprints, photographs or other information as provided for by Ministry of Justice Order that serves to identify the individual; the same applies hereinafter) by an electronic or magnetic means for use by a computer as provided for by Ministry of Justice Order which is utilized for personal identification of the applicant, pursuant to the provisions of Ministry of Justice Order; provided, however, that this does not apply to a person who falls under any of the following items:

a special permanent resident provided for by the Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan (Act No. 71 of 1991; hereinafter referred to as the "Special Act") (hereinafter referred to as "special permanent resident");

a person who is under 16 years of age;

a person who seeks to engage in Japan in an activity set forth in the right-hand column under "Diplomat" or "Official" of (1) of the Appended Table I;

a person who is invited by the head of a national administrative organ; or

a person provided for by Ministry of Justice Order as equivalent to a person set forth in the two preceding items.

If the application set forth in paragraph (2) of the preceding Article is filed, an immigration inspector must conduct an examination on whether or not the foreign national conforms to each of the following conditions for landing in Japan (regarding a person who has been granted re-entry permission pursuant to the provisions of Article 26, paragraph (1) or a person who possesses a refugee travel document issued pursuant to the provisions of Article 61-2-15, paragraph (1), only the conditions set forth in the following items (i) and (iv)):

the passport possessed by the foreign national and the visa affixed thereto must be valid, when a visa is required;

the activities stated in the application to be conducted while in Japan are not false, and fall under either of the activities set forth in the right-hand column of the Appended Table I (excluding activities set forth in item (ii) of the right-hand column under "Highly Skilled Professional"; regarding the activities set forth in the right-hand column of Appended Table I (5), limited to the activities designated by the Minister of Justice in public notice in advance), or the activities of a person with a status or position set forth in the right-hand column of the Appended Table II (excluding the position set forth in the right-hand column under "Permanent Resident"; regarding the position set forth under "Long-Term Resident," limited to a position designated by the Minister of Justice in public notice in advance), and regarding those who intend to engage in activities set forth in the right-hand column of the Appended Table I (2) and (4), the activities are to conform to the conditions provided for by Ministry of Justice Order in taking into account the impact on Japanese industry and public welfare (regarding foreign nationals who intend to engage in the activities set forth in item (i) of the right-hand column of "Specified Skilled Worker" of the Appended Table I(2), including cases in which the plan for support for specified skilled workers (i) conforms to the provisions of Article 2-5, paragraph (6) and paragraph (7));

the period of stay stated in the application must conform to the provisions of Ministry of Justice Order pursuant to the provisions of Article 2-2, paragraph (3); or

the foreign national must not fall under any of the items of Article 5, paragraph (1) (in the case of a foreign national for whom the provisions of Article 5-2 are to be applied, due to the specific grounds prescribed in the same Article, the foreign national falls under items (iv), (v), (vii), (ix) or (ix)-2 of the same paragraph, and the foreign national does not fall under any of the items of the same paragraph due to grounds other than the specified grounds; the same applies hereinafter).

The foreign national subject to the examination set forth in the preceding paragraph must themselves prove that they conform to the conditions for landing prescribed therein. In this case, a foreign national who seeks to engage in an activity set forth in item (i), sub-items (a) through (c) in the right-hand column under "Highly Skilled Professional" of the Appended Table I (2) or items (i) or (ii) of the right-hand column of "Specified Skilled Worker" in the same Table must use the certificate of eligibility as provided for in paragraph (1) of the following Article to prove that they conform to the conditions set forth in item (ii) of the preceding paragraph.

The Minister of Justice is to consult with the heads of the related administrative organs in advance when prescribing the Ministry of Justice Order set forth in paragraph (1), item (ii).

Notwithstanding the provisions of paragraph (1), if an immigration inspector acknowledges a foreign national who does not fall under any item of paragraph (3) of the preceding Article and the foreign national fails to provide personal identification information pursuant to the provisions of the same paragraph, the officer must transfer the foreign national to a special inquiry officer for conducting a hearing pursuant to the provisions of Article 10.

Upon receiving an advance application from a foreign national seeking to land in Japan (except for those who seek to engage in the activities set forth in the right-hand column corresponding to "Temporary Visitor" specified in Appended Table I (3)), the Minister of Justice, pursuant to the provisions of Ministry of Justice Order, may issue a certificate (hereinafter referred to as "certificate of eligibility") stating that the foreign national conforms to the conditions set forth in Article 7, paragraph (1), item (ii).

The application as set forth in the preceding paragraph may be made by a staff member of the organization that will accept the foreign national, or by other persons prescribed by the Ministry of Justice Order to act as an agent.

If the head of the administrative organ with jurisdiction over the specified industrial field (meaning the "specified industrial fields" provided for in item (i) of the right-hand column under "Specified Skilled Worker" of the Appended Table I (2); hereinafter the same applies in this paragraph and Article 20, paragraph (1)) finds that the necessary human resources in a specified industrial field have been secured based on the field-specific operation policy pertaining to the specified industrial field, the head is to make a request to the Minister of Justice to take measures to temporarily suspend the issuance of certificates of eligibility.

If a request has been made pursuant to the provisions of the preceding paragraph, the Minister of Justice is to take measures to temporarily suspend the issuance of certificates of eligibility based on the field-specific operation policy.

The provisions of the preceding two paragraphs apply mutatis mutandis to cases in which measures to recommence the issuance of certificates of eligibility are taken if measures to temporarily suspend the issuance of certificates of eligibility have been taken. In this case, the term "have been secured" in paragraph (3) is replaced with "are experiencing a shortage", and the term "is to" is replaced with "may" in the preceding two paragraphs.

An immigration inspector may, when conducting an examination set forth in Article 7, paragraph (1), board a vessel or aircraft.