|
The procedure for special residency
* Below is the brief introduction based on the typical case. Since the procedure to manage case varies, please consult the attorney for the best way to manage your case.
| ¡ÚTypical case¡ÛThe basic flow of the procedure for applying for special permission |
| A Russian man X (client) came to Japan with a short-term stay visa in 2003. After the visa expired after 90 days, he stayed (overstayed) in Japan and got married to a Japanese woman in 2006. This is the case in which X is willing to stay in Japan with Y and X is intended to apply for special permission to the Immigration Bureau. |
| ¡ÚAttendance and Reporting¡Û |
| The attorney responsible for the case will consult with X and Y and learn about the particular case. Next, X and Y will attend at the Immigration Bureau and submit necessary documents (the certification of marriage, the certification of residence, and the certification of employment, etc). |
| ¡ÚInvestigation on violation¡Û¡ÚJudgment on violation¡Û |
| After attending to the Immigration Bureau, X and Y will be called to the interrogation room, usually separately. X will be asked about the circumstances of overstay, as well as current job, income, and previous offenses. Y will be asked about the circumstances of marriage and family. Moreover, interrogation by immigration control officer is called ¡Èinvestigation of violation¡É(Ihan-chosa) and interrogation by immigration inspector is called ¡Èjudgment of violation¡É (Ihan-Shinsa). |
| ¡ÚOral hearing¡Û |
| After the process of investigation of violation/judgment of violation, you will be given the opportunity of oral hearing, upon request after a certain period of time. Oral hearing is the process in which it is appropriate to allow X to stay in Japan. Moreover, since the attorney and another attendant are allowed to come in to the office, both the attorney and another attendant are allowed to give opinions in the room of oral hearing. (However, if X is on the provisional release, therefore not restrained physically, oral hearings are rare.) |
| ¡ÚPermission of stay¡Û |
| After the process of oral hearing, the director of the Immigration Bureau (the Minister of Justice, depending on a specific case) will pass determination to specially permit X to stay in Japan, when there are reasons to do so. X will be given the visa status of ¡Èpermanent resident¡É or ¡Èspouse of the Japanese.¡É (Moreover, generally speaking, it takes about at least 6 (six) months until a person is able to get a special permission to stay in Japan.) On the other hand, when the person¡Çs special permission is not allowed, the person should petition a lawsuit of cancelling the determination and it is possible to claim the special circumstances that enable the person to stay in Japan. |
|
