Japan clarifies criteria for granting special residency
On March 5, the Immigration Bureau of Japan announced more detailed guidelines, allowing the Minister of Justice to issue special residence permits to foreigners facing the risk of deportation.
The Minister of Justice has the authority to allow an individual to stay in Japan after considering positive and negative factors. Although the guidance was previously announced, the ministry has provided additional specific information to enhance transparency, and has confirmed that the process has not changed.
In the latest guidelines, Japan's Immigration Bureau details the “positive factors” that are considered, such as the extent to which an individual has integrated and contributed to their community or whether they have a child or children who have been educated for a long time in the Japanese school system.
“Negative factors” include assessments based on how long they have overstayed their visas, whether they have failed to meet conditions for release from detention and whether they have repeatedly caused a nuisance to the community.
Japan's Justice Minister Ryuji Koizumi said the ministry plans to "enhance transparency by increasing the number of criteria".
The guidelines were reviewed after the government made a decision with the aim of creating a system based on special residence permit applications under the amended Immigration Control and Refugee Recognition Law that the National Assembly passed in June 2023 and an additional resolution calling for the consideration of the interests of children.
In 2022, special residence permits were granted to 1,525 people, following a process in which the Minister of Justice makes a decision on a case-by-case basis.