Immigration Control and Refugee Recognition Act

If any of the following facts are found regarding a foreign national residing in Japan under the status of residence set forth in the left-hand column of the Appended Table I or II (except for those who have been granted recognition of refugee status as set forth in Article 61-2, paragraph (1) or recognition as a person eligible for complementary protection as set forth in paragraph (2) of the same Article), the Minister of Justice may revoke the foreign national's status of residence in accordance with the procedures provided for by Ministry of Justice Order:

the foreign national has been granted, by deceit or other wrongful means, a seal of verification for landing (including the recording of the prescribed information pursuant to the provisions of Article 9, paragraph (4); hereinafter the same applies in the following item) or permission pursuant to the provisions of Chapter III, Section 1 or 2, being considered that they do not fall under any of the items of Article 5, paragraph (1);

beyond what is provided for in the preceding item, the foreign national has been granted, by deceit or other wrongful means, a seal of verification for landing, etc. (a seal of verification for landing or permission pursuant to the provisions of Chapter III, Section 1 or 2 (limited to those with a decision of status of residence) or permission pursuant to the provisions of this Section, and in the case two or more seals or permissions have been granted, the most recent one; hereinafter the same applies in this paragraph);

beyond what is provided for in the preceding two items, the foreign national has been granted a seal of verification for landing, etc. by submitting or presenting a document that contains a false entry or record (including a certificate of eligibility obtained by submitting or presenting a document or drawing, or an electronic or magnetic record, that contains a false entry or record, and a visa obtained for the passport by submitting or presenting a document or drawing, or an electronic or magnetic record, that contains a false entry or record), or a drawing or an electronic or magnetic record that contains a false entry or record;

the foreign national has been granted permission pursuant to the provisions of Article 50, paragraph (1) or Article 61-2-5, paragraph (1) due to deceit or other wrongful means (excluding cases of receiving permission or a seal of verification for landing, etc. pursuant to these provisions after receiving that permission);

the foreign national residing with a status of residence in the left-hand column of the Appended Table I has not engaged in the activities set forth in the right-hand column of the same Table in accordance with the status of residence, and is residing while engaging in or seeking to engage in other activities (except when there are legitimate grounds);

a person residing with a status of residence in the left-hand column of the Appended Table I who has been residing for three months or more (with regard to a person residing with the status of residence of "Highly Skilled Professional" (limited to those pertaining to item (ii) in the right-hand column under "Highly Skilled Professional" of the Appended Table I (2)), six months) without engaging in the activities (except when there are legitimate grounds for residing without engaging in the activities) set forth in the right-hand column of the same Table in accordance with the status of residence;

a person residing with the status of residence of "Spouse or Child of Japanese National" (limited to those pertaining to persons with the status of the spouse of a Japanese national (except for foreign nationals residing simultaneously with the status of a child specially adopted by a Japanese national (meaning the child specially adopted by a Japanese national pursuant to the provisions of Article 817-2 of the Civil Code (Act No. 89 of 1896)); the same applies hereinafter) or born as the child of a Japanese national) or the status of residence of "Spouse or Child of Permanent Resident" (limited to those pertaining to persons with the status of a spouse of a permanent resident, etc. (except for foreign nationals residing simultaneously with the status of a person who was born in Japan as the child of a permanent resident, etc. and is continuing to reside in Japan)), who has been residing for six months or more without continuously engaging in activities as a person with the status of a spouse (except when there are legitimate grounds for residing without engaging in the activities);

a person residing with the status of residence of "Permanent Resident" who has failed to comply with the obligations prescribed in this Act (except when falling under the facts set forth in items (xi) and (xii)) or who has intentionally failed to pay taxes and public dues;

a person residing with the status of residence of "Permanent Resident" who has been sentenced to imprisonment for a crime set forth in Part II, Chapter XII, Chapters XVI through XIX, Chapter XXIII, Chapter XXVI, Chapter XXVII, Chapter XXXI, Chapter XXXIII, Chapter XXXVI, Chapter XXXVII or Chapter XXXIX of the Penal Code, a crime under Article 1, Article 1-2 or Article 1-3 of the Act on Punishment of Physical Violence and Other Related Matters (excluding the parts pertaining to Article 222 or Article 261 of the Penal Code), a crime under the Act on the Prevention and Disposition of Robbery and Theft, a crime under Article 15 or Article 16 of the Act on Prohibition of Possession of Special Picking Tools and Other Related Matters, a crime under Article 2 or Article 6, paragraph (1) of the Act on Punishment of Acts Inflicting Death or Injury on Others by Driving a Motor Vehicle, or a crime under Article 22 of the Act on the Prevention of Disposal of Stolen Specified Metal Articles and Other Related Matters;

a person who has newly become a mid- to long-term resident through receiving a seal of verification for landing or permission pursuant to the provisions of Section 1 or Section 2 of the preceding Chapter, or permission pursuant to the provisions of this Section, Article 50, paragraph (1) or Article 61-2-5, paragraph (1), who has not notified the Commissioner of the Immigration Services Agency of the place of residence (except when there are legitimate grounds for not making a notification) within 90 days from the date of receiving the seal of verification for landing or permission;

a mid- to long-term resident who has not notified the Commissioner of the Immigration Services Agency of their new place of residence within 90 days of leaving the previous place of residence, which had been previously notified to the Commissioner (except when there are legitimate grounds for not making a notification); or

a mid- to long-term resident who has notified the Commissioner of the Immigration Services Agency of a false place of residence.

If revoking the status of residence pursuant to the provisions of the preceding paragraph, the Minister of Justice must have an immigration inspector that the Minister has designated hear the opinion of the foreign national.

The Minister of Justice is to serve the foreign national with a written notice of hearing of opinions in advance, stating the date and place of the hearing as well as the facts supporting the grounds for the revocation in having a designated immigration inspector hear the foreign national's opinions pursuant to the provisions of the preceding paragraph; provided, however, that in cases of urgency, the Minister may have an immigration inspector or immigration control officer orally give notice of the particulars to be stated in the written notice.

The foreign national or their representative may make an appearance on the date set forth in the preceding paragraph to state opinions and submit evidence.

Notwithstanding the provisions of paragraph (2), if the foreign national fails to appear at the hearing set forth in the same paragraph without legitimate grounds, the Minister of Justice may revoke the status of residence pursuant to the provisions of paragraph (1) without hearing the opinions.

The revocation of the status of residence is made by the Minister of Justice by serving the written notice of revocation of the status of residence.

If revoking the status of residence pursuant to the provisions of paragraph (1) (excluding items (i) and (ii)), the Minister of Justice is to designate a period necessary for the foreign national to depart from Japan not exceeding 30 days; provided, however, that this does not apply if there are reasonable grounds to suspect that the foreign national will attempt to flee in cases of revocation of the status of residence pursuant to the provisions of the same paragraph (limited to those pertaining to item (v)).

If designating the period pursuant to the provisions of the main clause of the preceding paragraph, the Minister of Justice may impose restrictions on the foreign national's residence and scope of activities, and impose other conditions found necessary pursuant to the provisions of Ministry of Justice Order.

The Minister of Justice must state the period designated pursuant to the provisions of the main clause of paragraph (7) and the conditions imposed pursuant to the provisions of the preceding paragraph in the written notice of revocation of the status of residence provided for in paragraph (6).

Where the Minister of Justice intends to revoke the status of residence of a foreign national provided for in paragraph (1) of the preceding Article due to having found the facts set forth in item (vii) of the same paragraph, the Minister must give consideration to granting an opportunity to file an application for a change of the status of residence pursuant to the provisions of Article 20, paragraph (2) or an application for permanent residence pursuant to the provisions of Article 22, paragraph (1).

If the Minister of Justice seeks to revoke the status of residence of a foreign national residing with the status of residence of "Permanent Resident" because the facts set forth in Article 22-4, paragraph (1), item (viii) or (ix) have been found, the Minister is to grant ex officio permission for a change to a status of residence other than that of "Permanent Resident", notwithstanding the provisions of Article 20, except when the Minister finds it inappropriate for the foreign national to continue to reside in Japan.

If the Minister of Justice has decided to grant the permission pursuant to the provisions of the preceding paragraph, the Minister is to have the Commissioner of the Immigration Services Agency notify the foreign national to that effect. In this case, the notification is to be given by the Commissioner of the Immigration Services Agency having an immigration inspector take the measures specified in the following items according to the categories of cases set forth in those items:

if the foreign national will continue to be a mid- to long-term resident: issuance of a residence card to the foreign national;

in cases other than the case set forth in the preceding item: the measures specified in sub-item (a) or (b) below according to the categories of cases set forth in sub-item (a) or (b):

if the foreign national possesses a passport: entry of the new status of residence and period of stay in the foreign national's passport;

if the foreign national does not possess a passport: issuance to the foreign national of a certificate of status of residence stating the new status of residence and period of stay.

A foreign national residing in Japan must carry their passport with them at all times (for a foreign national set forth in any of the following items, the document specified in the respective items; the same applies in paragraph (3) and Article 76, item (ii)); provided, however, that this does not apply if the foreign national carries the residence card as provided for in the following paragraph:

A mid- to long-term resident is to receive a residence card which has been issued by the Commissioner of the Immigration Services Agency or returned by the head of municipalities, and must carry it with them at all times.

The foreign national set forth in the preceding two paragraphs must comply with a request for the presentation of their passport or residence card as set forth in these provisions (hereinafter referred to as "passport, etc." in this Article) (in the case of a residence card, including undergoing the measures necessary to confirm the contents of the residence card electronic or magnetic record) made by an immigration inspector, immigration control officer, police officer, coast guard officer or any other official of a state or local government as provided for by Ministry of Justice Order in executing their duties.

In requesting persons to present their passport, etc., the official prescribed in the preceding paragraph must carry with them an identification card showing their official status and present it upon request if asked to do so.

Notwithstanding the provisions of the main clause of paragraphs (1) and paragraph (2), a foreign national who is under 16 years of age is not required to carry their passport, etc. with them.