- Revocation of status of residence is a means by which to annul the residence status of a foreign national residing in Japan who uses deceptive or other wrongful means to obtain landing permission, has resided in Japan for a given period of time without performing the activities upon which their status of residence is based, or has engaged in similar wrongful activities.
As stipulated in Article 22-4, Paragraph 1 of the Immigration Control Act, the Minister of Justice may revoke the status of residence currently held by a foreign national when any of the following are found to be true.
(Please note that (5) is effective from January 1, 2017.)
- (1) When the individual receives a seal of landing permission through deception or other wrongful means, influencing the immigration officer’s decision regarding grounds for denial of landing.
- (2) In instances other than (1), when the individual receives a seal of landing permission as a result of falsified activities based on deceptive or other wrongful means (e.g., when an individual intending to perform unskilled labor in Japan declares that they will perform activities which would fall under the "Engineer" status of residence), or receives landing permission as a result of falsifying information other than the activities they will be performing in Japan (e.g., when the applicant falsifies their background).
- (3) In cases other than those falling under (1) or (2), when the applicant has submitted false documents and received a seal of landing permission. There is no requirement that the applicant be deceitful or otherwise dishonest, and there is no requirement that the applicant be intentional.
- (4) If the applicant has received special permission to stay in Japan by deception or other wrongful means.
- (5) When an individual with a status of residence listed in Appendix 1 of the Immigration Control Act (Note) is not actually engaged in activities related to their status of residence and is instead engaged in, or intending to engage in, other activities. (However this shall not apply to cases where the individual has a valid reason for engaging in these activities.)
- (6) When an individual with a status of residence listed in Appendix 1 of the Immigration Control Act (Note) has not continued the activities related to their status of residence for at least three months. (However this shall not apply to cases where the individual has a valid reason for not engaging in these activities.)
- (7) When an individual residing in Japan with a status of residence of "Spouse or Child of a Japanese National" (excluding the children of Japanese citizens and special adoptions) or "Spouse or Child of a Permanent Resident" (excluding the children of permanent residents) has not actually been in such a relationship for six months or longer. (However, this shall not apply to cases where the individual has a valid reason for not continuing this relationship.)
- (8) When an individual who has gained permission to change their status of residence becomes a mid to long-term resident and fails to notify the Minister of Justice of their address within 90 days of receiving this permission. (However, this shall not apply to cases where the individual has a valid reason for not submitting this notification.)
- (9) When a mid to long-term resident fails to notify the Minister of Justice of a new address within 90 days of vacating the address previously reported to the Minister of Justice. (However, this shall not apply to cases where there is a valid reason for not submitting this notification.)
- (10) When a mid to long-term resident notifies the Minister of Justice of a false address.
- When attempting to revoke status of residence, the immigration officer is required to ask the opinion of the foreign national subject to the revocation. They may state their opinion, submit evidence, or request access to materials.
- Individuals whose status of residence is revoked and who fall under (1) or (2) in section 2 above will be subject to immediate deportation.
If items (3) to (10) in section 2 above are applicable, the individual must leave the country within 30 days, with the individual able to voluntarily depart at any time within the given period.
However, among the situations that fall under item (5) of section 2 above, if there is good reason to believe that the foreign national has fled, they will immediately be subject to deportation.
If the subject does not depart the country within the specified period, they will be subject to deportation as well as criminal penalties.
(Note) The status of residences listed in Appendix 1 of the Immigration Control Act:
"Diplomat," "Official," "Professor," "Artist," "Religious Activities," "Journalist," "Business Manager," "Legal/Accounting Services," "Medical Services," "Researcher," "Instructor," "Engineer/Specialist in Humanities/International Services," "Intra-Company Transferee," "Entertainer," "Skilled Labor," "Technical Intern Training," "Cultural Activities," "Temporary Visitor," "Student," "Trainee," "Dependent," "Designated Activities"