Insofar as a special permanent resident is concerned, the part of Article 26, paragraph (3) of the Immigration Control Act which reads "5 years" is read as "6 years", and the part of paragraph (5) of the same Article which reads "6 years" is read as "7 years".
特別永住者に関しては、入管法第二十六条第三項中「五年」とあるのは「六年」と、同条第五項中「六年」とあるのは「七年」とする。
The provisions of Article 26-2 of the Immigration Control Act are applied mutatis mutandis to special permanent residents who depart from Japan whilst in possession of a valid passport and a special permanent resident certificate. In this case, the part of paragraph (2) of the same Article which reads "one year from the date of departure from Japan (where the expiration date of the period of stay comes prior to the date of the elapse of one year from the date of departure from Japan, the period until the expiration of the period of stay)" is read as "2 years from the date of departure from Japan".
入管法第二十六条の二の規定は、有効な旅券及び特別永住者証明書を所持して出国する特別永住者について準用する。この場合において、同条第二項中「一年(在留期間の満了の日が出国の日から一年を経過する日前に到来する場合には、在留期間の満了までの期間)」とあるのは、「二年」と読み替えるものとする。
The Commissioner of Immigration Services Agency must, in applying the provisions of Article 26 of the Immigration Control Act and in applying the provisions of Article 26-2 of the Immigration Control Act mutatis mutandis under the preceding paragraph, respect the aim of this Act, which is to contribute to the stabilization of the special permanent resident's life in Japan.
出入国在留管理庁長官は、特別永住者に対する入管法第二十六条及び前項において準用する入管法第二十六条の二の規定の適用に当たっては、特別永住者の本邦における生活の安定に資するとのこの法律の趣旨を尊重するものとする。
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(Re-entry Permission)
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…
出入国在留管理庁長官は、本邦に在留する外国人(仮上陸の許可を受けている者及び第十四条から第十八条までに規定する上陸の許可を受けている者を除く。)がその在留期間(在留期間の定めのない者にあつては、本邦に在留し得る期間)の満了の日以前に本邦に再び入国する意図をもつて出国しようとするときは、法務省令で定める手続により…
Open this provision(Special Re-entry Permission)
A foreign national residing with a status of residence in Japan (excluding those persons set forth in Article 19-3, items (i) and (ii)) who possess…
本邦に在留資格をもつて在留する外国人(第十九条の三第一号及び第二号に掲げる者を除く。)で有効な旅券(第六十一条の二の十五第一項に規定する難民旅行証明書を除く。)を所持するもの(中長期在留者にあつては、在留カードを所持するものに限る。)が、法務省令で定めるところにより、入国審査官に対し…
Open this provision(Special Re-entry Permission)
The validity period of the re-entry permission deemed to have been granted to the foreign national pursuant to the provisions of the preceding paragraph is to be for one year from the date of…
前項の規定により外国人が受けたものとみなされる再入国の許可の有効期間は、前条第三項の規定にかかわらず、出国の日から一年(在留期間の満了の日が出国の日から一年を経過する日前に到来する場合には、在留期間の満了までの期間)とする。
Open this provision(Re-entry Permission)
In granting a re-entry permission, the Commissioner of the Immigration Services Agency must set a validity period that does not exceed 5 years from the date on which the permission becomes valid.
出入国在留管理庁長官は、再入国の許可を与える場合には、当該許可が効力を生ずるものとされた日から五年を超えない範囲内においてその有効期間を定めるものとする。
Open this provision(Re-entry Permission)
The Commissioner of the Immigration Services Agency may grant an extension of the validity period, if the Commissioner finds that a person who has left Japan with the re-entry permission has…
出入国在留管理庁長官は、再入国の許可を受けて出国した者について、当該許可の有効期間内に再入国することができない相当の理由があると認めるときは、その者の申請に基づき、一年を超えず、かつ、当該許可が効力を生じた日から六年を超えない範囲内で、当該許可の有効期間の延長の許可をすることができる。
Open this provision(Exceptions Regarding the Period Validity of Re-entry Permission)
The provisions of Article 26-2 of the Immigration Control Act are applied mutatis mutandis to special permanent residents who depart from Japan whilst in possession of a valid passport and a special…
入管法第二十六条の二の規定は、有効な旅券及び特別永住者証明書を所持して出国する特別永住者について準用する。この場合において、同条第二項中「一年(在留期間の満了の日が出国の日から一年を経過する日前に到来する場合には、在留期間の満了までの期間)」とあるのは、「二年」と読み替えるものとする。
Open this provisionImmigration Control Act
「入管法」
Short name for the Immigration Control and Refugee Recognition Act (Cabinet Order No. 319 of 1951), the law for which the Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan sets special rules.
Short name set inArticle 1, paragraph (1)
special permanent resident
特別永住者
A person who may live in Japan permanently under a status the Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan sets up for those who lost Japanese nationality under the Treaty of Peace with Japan (平和条約国籍離脱者) and for their descendants who were born in Japan and have lived there since, as each generation between them did (Articles 2 to 5). The first are those who lost Japanese nationality under the Treaty and have lived in Japan without a break since 2 September 1945 or earlier, or were born in Japan between then and the day the Treaty came into force and have lived there since, to a parent who had lived in Japan from 2 September 1945 or earlier and lost, or would have lost, Japanese nationality under the Treaty (Article 2, paragraph (1)). Anyone among them who, when the Act came into force, was in Japan under one of the arrangements earlier laws made for them (the stay Act No. 126 of 1952 allowed, permanent residence under the special Act for nationals of the Republic of Korea, the Permanent Resident status of residence, or the status of residence for a child of such a person) has the status by the Act itself (Article 3). A descendant who comes to stay in Japan by birth or another event without passing through the landing procedure (上陸の手続) at a port of entry is granted it by the Commissioner of the Immigration Services Agency (出入国在留管理庁長官) on an application made through the mayor of the municipality where they live within 60 days of that event (Article 4). One of them staying under a status of residence (在留資格) in Appended Table II of the Immigration Control and Refugee Recognition Act other than Permanent Resident is granted it on application (Article 5). The Commissioner issues each a special permanent resident certificate (特別永住者証明書) (Article 7), and the Immigration Control and Refugee Recognition Act's duty to carry a passport at all times does not apply to them (Article 17, paragraph (4)). A special permanent resident may be deported only after a sentence of imprisonment (拘禁刑) or heavier for insurrection or foreign aggression under the Penal Code (刑法), unless it was suspended in full or was for merely joining an insurrection, after a sentence of imprisonment for a crime concerning foreign relations under that Code, after a sentence of imprisonment or heavier for a crime against a foreign head of state, diplomatic envoy or mission that the Minister of Justice (法務大臣) finds has seriously harmed Japan's diplomatic interests, or after a sentence of life imprisonment or of imprisonment for over seven years where the Minister finds the crime has seriously harmed Japan's interests (Article 22, paragraph (1)). A re-entry permit may be valid for up to six years rather than five, and extended from abroad to seven rather than six (Article 23, paragraph (1)). A special permanent resident who leaves Japan with a valid passport and the certificate and tells the immigration inspector (入国審査官) they mean to return is treated as holding a re-entry permit valid for two years from departure, which cannot be extended, unless they fall in a category a Ministry of Justice Order (法務省令) excludes (Article 23, paragraph (2), applying Article 26-2 of the Immigration Control and Refugee Recognition Act).
Written by AI using Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan, Arts. 2 to 5, 7, 17, 22, 23 and Immigration Control and Refugee Recognition Act, Art. 26-2 as a reference.
special permanent resident certificate
特別永住者証明書
The certificate the Commissioner of the Immigration Services Agency (出入国在留管理庁長官) issues to every special permanent resident (特別永住者) (Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan, Article 7, paragraph (1)). One newly granted the status after birth or another event receives it through the mayor of the municipality where they live, and one granted it while staying with another status of residence (在留資格) from an immigration inspector (入国審査官) (Article 7, paragraphs (2) and (3)). It states the holder's name, date of birth, sex and nationality or region, their main address in Japan (住居地) if they have one, the certificate's number and expiry date, and other particulars a Ministry of Justice Order (法務省令) sets, and unless the holder is under an age that Order sets it shows their photograph (Article 8, paragraphs (1) and (3)). It runs until the fifth birthday after the notification or application for it for a holder then under 18, and until the tenth for anyone else; on a renewal the birthdays are counted from the old certificate's expiry date, and a holder under 18 whose old certificate expires on or after their 18th birthday gets the tenth (Article 9, paragraph (1)). A holder whose certificate carries no address must report one within 14 days of settling on it, and every holder must report a new address within 14 days of moving, to the mayor of the municipality they move to; a move-in notification under the Residential Basic Book Act (住民基本台帳法) made with the certificate counts as that report (Article 10, paragraphs (1), (2), (4) and (5)). Through the mayor of the municipality where they live, the holder must also report a change of name, date of birth, sex or nationality within 14 days, apply to renew the certificate in the three months before it expires, and apply for a new one within 14 days of learning it was lost, stolen or destroyed (Articles 11, paragraph (1), 12, paragraph (1), and 13, paragraph (1)). The holder must accept the certificate issued or returned, and show it when an immigration inspector, an immigration control officer (入国警備官), a police officer, a coast guard officer or another official a Ministry of Justice Order names asks to see it in the course of duty (Article 17, paragraphs (1) and (2)). It loses effect when the holder stops being a special permanent resident, when it expires, when the holder leaves Japan with no re-entry permit (counting as one the permit a holder is treated as having when leaving with a valid passport and the certificate, Article 23, paragraph (2)) and an immigration inspector confirms their departure, when a holder with a re-entry permit does not come back within its period, when a new certificate is issued and when the holder dies (Article 15, paragraph (1)); a certificate that has lost effect must be returned, in most cases within 14 days (Article 16). A holder recorded in the Residential Basic Book (住民基本台帳) who reports a change, renews or replaces the certificate may ask for the new one to be issued as a specified special permanent resident certificate (特定特別永住者証明書), one that also works as an Individual Number Card (個人番号カード) (Article 16-2, paragraph (1)). Forging or altering one in order to use it is punished by imprisonment (拘禁刑) of one to ten years (Article 26, paragraph (1)).
Written by AI using Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan, Arts. 7 to 13, 15, 16, 16-2, 17, 23, 26 as a reference.