Immigration Control and Refugee Recognition Act

the particulars on the measures for suspension of issuance of the certificates of eligibility or the measures for recommencement of issuance provided for in Article 7-27-3, paragraph (1) pursuant to the provisions of paragraph (3) and paragraph (4) of the same Article (including cases in which these provisions are applied mutatis mutandis pursuant to paragraph (5) of the same Article) in the industrial fields of item (i);

(Entry of a Foreign National)Prohibition of Entry

a person who seeks to proceed to an area outside of Japan via Japan without landing in Japan (excluding crew members, persons aboard the vessels, etc. prescribed in Article 17, paragraph (1) other than the foreign nationals prescribed in that paragraph, the foreign nationals prescribed in Article 18, paragraph (1), and other persons specified by Ministry of Justice Order; referred to as a "direct transit passenger" in the following Article) who has not received the certification under the following Article;

a person who seeks to land in Japan (excluding crew members and the foreign nationals prescribed in Article 17, paragraph (1) and Article 18, paragraph (1)) who does not fall under any of the following sub-items (a) through (c):

a person whose passport bears a visa issued by a Japanese consular officer, etc. (hereinafter referred to as a "visa");

a person who has received the certification under Article 7-2 or Article 15-2;

a person set forth in Article 7, paragraph (1), item (v), sub-items (a) through (c), a person who has been granted 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), a person who possesses a refugee travel document issued pursuant to the provisions of Article 61-2-15, paragraph (1), or any other person specified by Ministry of Justice Order as equivalent to these persons.

Certification for Entry of Direct Transit Passengers

No English for the wording before the change.

DeletedIf a direct transit passenger has provided, by electronic or magnetic means and pursuant to the provisions of Ministry of Justice Order, the particulars specified by Ministry of Justice Order as the information necessary to prove that the passenger conforms to the following conditions, the Commissioner of the Immigration Services Agency may grant certification that the passenger conforms to those conditions:

the person possesses a valid passport;

the person seeks to enter Japan for the purpose of proceeding to an area outside of Japan via Japan without landing in Japan.

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)(referred to as a "visa-exempt person" in paragraph (1), item (v) of the following Article and Article 7-2) for the passport of a person for whom re-entry permission pursuant to the provisions of Article 26, paragraph (1) 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 period of stay stated in the application must conform to the provisions of Ministry of Justice Order pursuant to the provisions ofnot exceed the period of stay specified by Ministry of Justice Order under Article 2-2, paragraph (3); or

in the case of a visa-exempt person who seeks to engage in the activities set forth in the right-hand column under "Temporary Visitor" of Appended Table I (3) while in Japan (excluding the following persons), the person has received the certification under the following Article; provided, however, that this does not apply if, in the case where the person was unable to receive the certification under that Article, the visa given to the passport the person possesses is valid.

a person who has received the registration set forth in Article 9, paragraph (8) as falling under item (i), sub-item (c) of that paragraph;

a person invited by the head of a national administrative organ;

a person specified by Ministry of Justice Order as equivalent to the persons set forth in sub-item (a) or (b).

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 ArticleArticle 7-3, paragraph (1) to prove that they conform to the conditions set forth in item (ii) of the preceding paragraph.

If a visa-exempt person who seeks to engage in the activities set forth in the right-hand column corresponding to "Temporary Visitor" specified in Appended Table I (3) has provided, by electronic or magnetic means and pursuant to the provisions of Ministry of Justice Order, the particulars specified by Ministry of Justice Order as the information necessary to prove that the person conforms to the following conditions, the Commissioner of the Immigration Services Agency may grant certification that the person conforms to those conditions:

the person possesses a valid passport;

the activities that the person seeks to engage in while in Japan are not false;

the period for which the person seeks to stay does not exceed the period of stay specified by Ministry of Justice Order under Article 2-2, paragraph (3);

the foreign national does not fall under any of the items of Article 5, paragraph (1).

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).

If an immigration inspector has found that a foreign national who falls under all of the following items conforms to the conditions for landing prescribed in Article 7, paragraph (1), the inspector may record the foreign national's name, date of landing, the port of entry or departure at which the foreign national lands and , the status of residence and period of stay (limited to cases in which the status of residence of Temporary Visitor and the period of stay have been decided pursuant to the provisions of the following paragraph) and other information as provided by Ministry of Justice Order in a file kept on a computer as provided for by Ministry of Justice Order to be used as a record and in lieu of the seal of verification for landing. In this case, notwithstanding the provisions of paragraph (1) of this Article, the immigration inspector does not have to affix the seal of verification set forth in the same paragraph:

the foreign national has received the registration set forth in paragraph (8) (for those persons who are registered as falling under item (i), sub-item (c) of the same paragraph, limited to those who possess a registered user card issued pursuant to the provisions of paragraph (1) or (8) of the following Articlefalls under any of the following sub-items (a) through (c) (for those persons who fall under sub-item (a) or (c), limited to those who possess a passport in which the person's photograph, name, country of nationality or the region specified by Cabinet Order under Article 2, item (v), (b), date of birth, sex and other particulars specified by Ministry of Justice Order are recorded by electronic or magnetic means); and

a person who has received the certification under Article 7-2;

a person who has received the registration set forth in paragraph (8);

a person who has been granted re-entry permission pursuant to the provisions of Article 26, paragraph (1).

If the immigration inspector records the prescribed data pursuant to the provisions of the preceding paragraph for a foreign national possessing a registered user card issued pursuant to the provisions of paragraph (1) or paragraph (8) of the following Article, the immigration inspector must clearly state that fact in the registered user cardwho has received the certification under Article 7-2 or a foreign national who has received the registration set forth in paragraph (8) as falling under item (i), sub-item (c) of that paragraph, the immigration inspector must decide the status of residence of Temporary Visitor and the period of stay for the foreign national and notify the foreign national of that status of residence and period of stay pursuant to the provisions of Ministry of Justice Order.

Except for cases in which a seal of verification for landing is affixed pursuant to the provisions of paragraph (1) or in which the prescribed information is recorded pursuant to the provisions of paragraph (4), the immigration inspector must transfer the foreign national to a special inquiry officer for conducting a hearing pursuant to the provisions of Article 10the following Article.

Except for cases in which there are special provisions in Section 4, a foreign national must not land unless they have had a seal of verification for landing affixed to their passport pursuant to the provisions of paragraph (1) of this Article, Article 10, paragraph (8) of the following Article, or Article 11, paragraph (4), or in which they have had their prescribed information recorded pursuant to the provisions of paragraph (4) of this Article.

the number of times the person has received a seal of verification for landing pursuant to the provisions of paragraph (1), Article 10, paragraph (8) of the following Article or Article 11, paragraph (4), or a recording pursuant to the provisions of paragraph (4), is equal to or greater than the number provided for by Ministry of Justice Order;

If the Commissioner of the Immigration Services Agency registers the prescribed information on a foreign national who falls under Article (8), item (i), sub-item (c) of the preceding Article pursuant to the provisions of the same paragraph, the Commissioner is to have an immigration inspector issue a registered user card to the foreign national.

The information to be stated in the registered user card are the following:

name, date of birth, sex, country of nationality or the region provided for in Article 2, item (v), sub-item(b);

the number, date of issuance and expiration date of the validity period, of the registered user card;

In accordance with the provisions of Ministry of Justice Order, the registered user card is to display a photograph of the foreign national registered pursuant to the provisions of paragraph (8) of the preceding Article. In this case, the Commissioner of the Immigration Services Agency may use the photograph that was provided by the foreign national pursuant to the provisions of Article 6, paragraph (3) and other provisions of the laws and regulations prescribed by Ministry of Justice Order.

Beyond what is provided for in the preceding two paragraphs, the format of the registered user card, the particulars to be stated in the registered user card and other necessary particulars regarding the registered user card are to be provided for by Ministry of Justice Order.

The Commissioner of the Immigration Services Agency may record all or a part of the particulars set forth in the items of paragraph (2) and the information which is to be indicated pursuant to the provisions of the paragraph (3) on the registered user card in an electronic or magnetic means pursuant to the provisions of Ministry of Justice Order.

The validity period of a registered user card is to be until the date on which three years have passed since the day of issuance or the expiration date of the passport possessed by the foreign national who was issued the registered user card, whichever comes earlier.

A foreign national who has been issued with a registered user card may apply to the Commissioner of the Immigration Services Agency for reissuance of the registered user card through the procedures specified in Ministry of Justice Order if the case falls under any of the following items:

the foreign national no longer has the registered user card in their possession due to loss, theft, destruction or other grounds; or

the registered user card has been noticeably damaged or soiled, or if the record pursuant to the provisions of paragraph (5) has been damaged.

The Commissioner of the Immigration Services Agency is to have an immigration inspector issue a new registered user card to the foreign national if an application has been filed pursuant to the provisions of the preceding paragraph. With regard to the application of the provisions of paragraph (6) in this case, "the date of issuance" in the same paragraph is replaced with "the date of issuance of the registered user card pursuant to the provisions of paragraph (1) with regard to foreign nationals issued with a registered user card" and "the foreign national who was issued with a registered user card" is replaced with "the foreign national".

If a foreign national is transferred to a special inquiry officer pursuant to the provisions of Article 7, paragraph (4) or Article 9, paragraph (6) of the preceding Article, the special inquiry officer must promptly conduct an oral hearing for the foreign national.

The provisions of Article 9, paragraph (3) of the preceding Article apply mutatis mutandis to the seal of verification for landing set forth in the preceding paragraph.

An immigration inspector may grant a foreign national (except for crew members, and limited to those who have received the certification under Article 15-2) aboard a vessel or aircraft permission for landing at a port of call if the foreign national seeks to go to an area outside of Japan via Japan and wishes to land and stay for not more than 72 hours in an area in the vicinity of the port of entry or departure upon an application from the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft; provided, however, that this does not apply to a foreign national who falls under any of the items of Article 5, paragraph (1) (this excludes the case in which the provisions of Article 5-2 apply to a foreign national who falls under any of the items of Article 5, paragraph (1) based on the specific grounds set forth in Article 5-2 and no other grounds; the same applies hereinafter).

An immigration inspector may grant a foreign national (except for crew members, and limited to those who have received the certification under Article 15-2) aboard a designated passenger ship (a passenger ship in service on a route between Japan and an area outside of Japan which is designated by the Commissioner of the Immigration Services Agency taking into account the fact that measures of verifying the identity of the passengers are appropriately taken and other circumstances; the same applies hereinafter) landing permission for cruise ship tourists upon an application by the captain of the designated passenger ship or the carrier who operates the designated passenger ship, in accordance with the procedures provided for by Ministry of Justice Order, if the foreign national wishes to land and stay for no more than 30 days (7 days for foreign nationals aboard a designated passenger ship in service on a route in which the number of ports of call within Japan is one) until the time of departure from Japan, for the purpose of sightseeing while the designated passenger ship is in Japan, on the condition that the foreign national returns to the ship by the time the designated passenger ship is to depart from the port of entry or departure for each occasion they disembark from the ship at a Japanese port of entry or departure at which the designated passenger ship makes a port of call.

An immigration inspector may, on finding it to be appropriate, grant a foreign national (except for crew members, and limited to those who have received the certification under Article 15-2) aboard a designated passenger ship, landing permission for cruise ship tourists upon an application by the captain of the designated passenger ship or the carrier who operates the designated passenger ship, in accordance with the procedures provided for by Ministry of Justice Order, if the foreign national wishes to land on multiple occasions and stay within 30 days for the purpose of sightseeing while the designated passenger ship is in Japan, on the condition that the foreign national returns to the ship by the time the designated passenger ship is to depart from the port of entry or departure for each occasion they disembark from the ship at a Japanese port of entry or departure at which the designated passenger ship makes a port of call.

An immigration inspector may grant a foreign national (except for crew members, and limited to those who have received the certification under the following Article) aboard a vessel permission for landing in transit upon application by the captain of the vessel or the carrier who operates the vessel, if the foreign national wishes to land temporarily for the purpose of sightseeing while the vessel is in Japan, within a period not exceeding the period specified by Ministry of Justice Order, and to return to the vessel at another port of entry or departure at which the vessel is scheduled to call.

An immigration inspector, upon application by the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft, may grant a foreign national (except for crew members, and limited to those who have received the certification under the following Article) aboard the vessel or aircraft permission for landing in transit if the foreign national wishes to go to an area outside of Japan via Japan and to depart from Japan within 3 days of their entry into Japan from another port of entry or departure in the vicinity of the port at which the foreign national entered Japan on board a vessel or aircraft other than the one on which the foreign national arrived in Japan.

If a foreign national who seeks to land in Japan upon receiving the permission set forth in Article 14, paragraph (1), Article 14-2, paragraph (1) or (2), or paragraph (1) or (2) of the preceding Article provides by electronic or magnetic means, pursuant to the provisions of Ministry of Justice Order, the particulars specified by Ministry of Justice Order as the information necessary to prove that the foreign national conforms to the following conditions, the Commissioner of the Immigration Services Agency may grant certification that the foreign national conforms to those conditions:

the foreign national possesses a valid passport;

there is no risk of the foreign national remaining in Japan beyond the period specified in the following sub-items (a) through (e), according to the category of permission set forth in those sub-items;

the permission set forth in Article 14, paragraph (1):72 hours;

the permission set forth in Article 14-2, paragraph (1):30 days (seven days if the designated passenger ship pertaining to the permission is in service on a route with only one port of call in Japan);

the permission set forth in Article 14-2, paragraph (2):30 days;

the permission set forth in paragraph (1) of the preceding Article:the period provided by Ministry of Justice Order referred to in the same paragraph;

the permission set forth in paragraph (2) of the preceding Article:three days.

the foreign national does not fall under any of the items of Article 5, paragraph (1).

(Landing Permission Due to Distress), etc.

If a vessel or aircraft is in distress has become unable to navigate due to distress or any other impediment to navigation (hereinafter referred to as "distress, etc.") (such a vessel or aircraft is hereinafter referred to as a "vessel or aircraft in distress, etc." in this paragraph) and an immigration inspector finds it necessary for the rescue and protection of foreign national on board the vessel or aircraft in distress, etc. or for any other urgent necessity, the inspector may grant the foreign national, landing permission due to distress , etc. based on an application by the mayor of the city, town or village who gives aid to the victims pursuant to the provisions of the Sea Casualties Rescue Act (Act No. 95 of 1899), on an application by the captain of a vessel or aircraft who gave aid to the foreign national, or the captain of the vessel or aircraft in distress, etc. or the carrier who operates the vessel or aircraft.

The immigration inspector is to immediately grant permission for landing due to distress, etc., notwithstanding the provisions of the preceding paragraph, if the foreign national set forthprescribed in the preceding paragraph has been transferred by a police officer or a coast guard officer.

In granting the permission set forth in paragraph (1) or (2), the immigration inspector must issue a landing permit due to distress, etc. to the foreign national.

name, date of birth, sex, country of nationality or a region provided forspecified by the Cabinet Order referred to in Article 2, item (v), sub-item (b);

a person for whom a decision has been made on the status of residence of "Temporary Visitor" and the period of stay pursuant to the provisions of Article 9, paragraph (5):registered user card;

a person who has been granted landing permission due to distress, etc.:landing permit due to distress, etc.;

a person who has entered Japan in violation of the provisions of Article 3, paragraph (1);

a foreign national residing in Japan (excluding those who were granted permission for provisional landing, permission for landing at a port of call, landing permission for cruise ship tourists, permission for landing in transit, landing permission for crew members, or landing permission due to distress, etc.) who falls under any of the following sub-items (a) through (o):

a person who has been granted permission for landing at a port of call, landing permission for cruise ship tourists, permission for landing in transit, landing permission for crew members, permission for emergency landing, landing permission due to distress, etc. or landing permission for temporary refuge, but stays in Japan beyond the period stated in their passport or landing permit;

The Commissioner of the Immigration Services Agency may grant re-entry permission to a foreign national in accordance with the procedures provided for by Ministry of Justice Order based on an application filed by the foreign national residing in Japan (excluding a foreign national who has been granted permission for provisional landing and one who has been granted the permission for landing provided for in Articles 14 through 15 or Articles 16 through 18) who is to depart from Japan with the intention of re-entering Japan prior to the date of expiration of their period of stay (the period within which the foreign national is eligible to stay if they have no fixed period of stay). In this case, the Commissioner may grant multiple re-entry permissions based on an application filed by the foreign national if the Commissioner finds it appropriate to do so.

A suspect subject to the examination set forth in the preceding Article who is considered to fall under Article 24, item (i) (except forlimited to the part pertaining to Article 3, paragraph (1), item (ii)(i)), or Article 24, item (ii), must themselves give proof to establish that they do not fall under these itemsprovisions.

When issuing a ship ticket or airline ticket to a person who made a reservation on a vessel or aircraft entering Japan (meaning a person who reserved a ship ticket or airline ticket), the carrier who operates the vessel or aircraft (or the captain of the vessel or aircraft in the absence of the carrier; hereinafter the same applies in this Article and the following Article) must report the name of the person who made the reservation and other particulars provided by Ministry of Justice Order to the Commissioner of the Immigration Services Agency by the time specified in the following items according to the category of cases set forth in those items:

if issuing a ship ticket:the time provided by Ministry of Justice Order in consideration of the number of passengers on vessels entering Japan, the status of the development of the equipment necessary for reporting those particulars, and other circumstances;

if issuing an airline ticket:the time of issuing the airline ticket.

Upon receiving a report pursuant to the provisions of the preceding paragraph, the Commissioner of the Immigration Services Agency must notify the carrier who made the report, without delay, of whether it is appropriate to allow the person pertaining to the report to enter Japan.

If, after giving notice pursuant to the provisions of the preceding paragraph that it is appropriate to allow a person pertaining to a report under the provisions of paragraph (1) to enter Japan, it becomes clear that it is not appropriate to allow the person pertaining to the notice to enter Japan, the Commissioner of the Immigration Services Agency may notify the carrier who received the notice to that effect.

If a carrier receives notice pursuant to the provisions of the preceding two paragraphs that it is not appropriate to allow a person pertaining to a report under the provisions of paragraph (1) to enter Japan, the carrier must not allow the person pertaining to the notice to enter Japan aboard the vessel or aircraft; provided, however, that this does not apply if the carrier receives the notice after the vessel or aircraft has departed from an area outside Japan for Japan.

In the case prescribed in the proviso to the preceding paragraph, if the carrier enters Japan with the person pertaining to the notice prescribed in the same paragraph aboard the vessel or aircraft, the carrier must promptly after receiving the notice report to the Commissioner of the Immigration Services Agency to that effect, the date and time at which the vessel or aircraft departed from the area outside Japan for Japan, and other particulars provided by Ministry of Justice Order.