CHAPTER 4 RESIDENCE AND DEPARTURE

SECTION 1 RESIDENCE, CHANGE OF STATUS OF RESIDENCE, AND EXTENSION OF PERIOD OF STAY

(Residence)

Article 19. An alien who is resident under the status of residence specified in the left-hand column of Annexed Table I shall not engage in the activities described in the following sub-paragraphs, with regard to the categories identified therein, except where he engages in them with the permission given pursuant to Paragraph 2 of this Article.

(1) An alien who is a resident under the status of residence specified in the left-hand column of Annexed Tables 1 (1), 1 (2)and 1 (5): activities involving the management of business involving income or activities for which he receives remuneration(excluding rewards for lectures not done as a matter of business, incidental remuneration in daily life and others described in the Ministry of Justice Ordinance; the same hereinafter), which are not included in those activities described in the right-hand column of those tables corresponding to each status of residence.

(2) An alien who is a resident under the status of residence specified in the left-hand column of Annexed Tables 1 (3) and 1 (4): the activities involving the management of business involving income or activities for which he receives remuneration.

2. When an application has been submitted by an alien who is under the status of residence specified in the left-hand column of Annexed Table 1, in accordance with the procedures provided for in the Ministry of Justice Ordinance, to engage in the activities involving the management of business involving income or activities for which he receives remuneration which are not included in those activities described in the right-hand column, of that Table, to the extent the activities under the status of residence are not hampered, the Minister of Justice may give the permission if he finds that there are reasonable grounds.

3. Any foreign crewman who has been given permission to land under Articles 16 to 18 shall be further regarded as a crewman as long as he remains in Japan even after he ceases to be a crewman due to being discharged.

(Certificate of Authorization for Employment)

Article 19-2. Should an application be submitted by an alien staying in Japan, the Minister of Justice may issue a document which certifies eligibility of the applicant for activities involving the management of business involving income or activities for which he receives remuneration in accordance with the provisions of the Ministry of Justice Ordinance.

2. No one shall discriminate in employing, etc. an alien for failure to show or submit the certificate mentioned in the preceding paragraph, when it is evident that the person concerned is authorized to engaged in the activities involving the management of business involving the income or activities for which he receives remuneration.

(Change of Status of Residence)

Article 20. An alien who has a status of residence may have his status of residence (in the case of an alien residing under the status of residence of Designated Activities, the activities specifically designated by the Minister of Justice in respect of the person concerned are to be regarded as a status of residence) changed (including the period of stay thereon; hereinafter the same in Paragraphs 1 or 3).

2. Any alien who wishes to have his status of residence changed pursuant to the provision of the preceding paragraph shall apply to the Minister of Justice for the change of status of residence in accordance with the procedures provided for by the Ministry of Justice Ordinance. However, if he desires to change his status of residence to that of Permanent Resident he shall comply with the procedures provided for in Article 22, Paragraph 1.

3. When an application for change of status of residence has been submitted.the Minister of Justice may give permission only when he finds that there are reasonable grounds to grant the change of status of residence on the strength of the documents submitted by the alien. However, in the case of an application submitted by a person whose status of residence is Temporary Visitor, permission shall not be given unless the application is_ made based on a special unavoidable circumstances.

4. When the permission mentioned in the preceding paragraph has been granted, the Minister of Justice shall have an Immigration Inspector enter the new status of residence and period of stay in the passport of the alien if he has a passport in his possession, or issue to the alien a Certificate of Status of Residence with new status of residence and period of stay entered or enter the new status of residence and period of stay in a previously issued Certificate of Status of Residence if he does not possess a passport. In such a case the contents of the permit will become effective as of the time the entrance or issuance is made.

(Extension of Period of Stay)

Article 21. Any alien staying in Japan may, without changing his status of residence, have his period of stay extended.

2. Any alien who wishes to extend his period of stay pursuant to the provision of the preceding paragraph shall apply to the Minister of Justice for the extension of such period in accordance with the procedures provided for by the Ministry of Justice Ordinance.

3. When the application provided for in the preceding paragraph has been submitted, the Minister of Justice may give permission only when there are reasonable grounds to grant the extension of the period of stay on the strength of documents submitted by the alien.

4. When the permission provided for in the preceding paragraph has been granted, the Minister of Justice shall have an Immigration Inspector enter the new period of stay in the passport of the alien if he has a passport in his possession, or issue to the alien a Certificate of Status of Residence with status of residence and new period of stay entered or enter the new period of stay in a previously issued Certificate of Status of Residence if he does not possess a passport. In such a case the provisions of the last sentence of Paragraph 4 of the preceding article, shall apply mutatis mutandis.

(Permission for Permanent Residence)

Article 22. Any alien who seeks to change his status of residence to that of Permanent Resident shall apply to the Minister of Justice for permission of permanent residence in accordance with the procedures provided for by the Ministry of Justice Ordinance.

2. When the application provided for in the preceding paragraph has been submitted, the Minister of Justice may give permission only when he deems that the alien conforms to the following items and that his permanent residence will be in accordance with the interests of Japan. However, the following items shall not require conformity in the case of spouses and children of Japanese, those who have Permanent Residence status or those who are Special Permanent Residents described in the Special Law on the Immigration Control of inter alia, Those Who Have Lost Japanese Nationality on the basis of the Treaty of Peace with Japan. (Law No. 71 of 1991).

( 1 ) The alien's behavior and conduct must be good;

( 2 ) The alien must have sufficient assets or ability to make an independent living.

3. When the permission provided for in the preceding paragraph has been given, the Minister of Justice shall have an Immigration Inspector repeal the status of residence and period of stay entered in the alien's passport and endorse by stamping the permission for permanent residence in his passport if he has a passport in his possession, or issue to the alien a Certificate of Status of Residence with permission of permanent residence if he does not possess a passport. In such a case the permit shall become effective as of the time of the endorsement by stamping or issuance.

(Acquisition of Status of Residence)

Article 22-2. Any person who has renounced Japanese nationality or any alien who is to stay in Japan without following the procedures for landing as provided for in the preceding chapter, by birth or for any other cause, may, notwithstanding the provision of Article 2-2, Paragraph l, continue to stay in Japan without acquiring a status of residence up to a period of sixty days, on and after the date of his renouncement of Japanese nationality,birth, or other cause.

2. An alien as described in the preceding paragraph who desires to stay in Japan over the period mentioned in the same paragraph, shall apply to the Minister of Justice for the acquisition of status of residence in accordance with the procedures provided for by the Ministry of Justice Ordinance not later than thirty days from the date of his renouncement of Japanese nationality, birth, or other cause.

3. The provisions of Article 20, Paragraphs 3 and 4 shall apply mutatis mutandis to the procedures for application to acquire status of residence as provided for in the preceding paragraph (except for application to acquire status of residence of "Permanent Resident"). In such a case as in Article 20, Paragraph 3, "the change of status of residence" shall read <'the acquisition of status of residence".

4. The provisions of the preceding article shall apply mutatis mutandis to the procedures for application to acquire status of residence of "Permanent Resident", in the course of the application to acquire status of residence under Paragraph 2. In this case in Paragraph 1 of the preceding article <'to change his status of residence" shall read "to acquire his status of residence"; in the same paragraph "to change his status of residence to that" shall read "to acquire his status of residence"; in Paragraph 3 of the same article "repeal the status of residence and period of stay entered in the alien's passport and endorse by stamping the permission for permanent residence in his passport" shall read "endorse by stamping the permission for permanent residence in his passport".

Article 22-3. The provisions of Paragraphs 2 to 4 of the preceding article shall apply mutatis mutandis to an alien who has received permission for landing for temporary refuge provided for in Article 18-2, Paragraph 1, only in a case where he is to reside under any status of residence specified in the left-hand column of Annexed Table 1 or 2. In this case in Paragraph 2 of the preceding article "not later than thirty days from the date of his renouncement of Japanese nationality, birth, or other cause" shall read "within the period of landing as indicate in the landing permit".

SECTION 2 REQUIREMENTS FOR RESIDENCE

(Carrying and Presentation of Passport or Permit)

Article 23. Any alien who stays in Japan shall carry with him at all times the passport, or provisional landing permit, crewman's landing permit,emergency landing permit, landing permit due to disaster or landing permit for temporary refuge. However, this shall not apply if the alien carries a Certificate of Alien Registration under the Alien Registration Law (Law No.125 of 1952).

2. The alien mentioned in the preceding paragraph shall produce his passport or permit specified in the same paragraph to an Immigration Inspector,Immigration Control Officer, Police Official, Maritime Safety Official or any other official of the state or local public entity as provided for by the Ministry of Justice Ordinance, if such an official requests the presentation of the passport or permit in the performance of his duties.

3. The official mentioned in the preceding paragraph shall, in case he requests the presentation of the passport or permit provided for in Paragraph 1, carry with him an identification card showing his official status and produce it upon request.

4. The provision of the first sentence of Paragraph 1 shall not apply to an alien under sixteen years of age.

(Deportation)

Article 24. Any alien who comes under any one of the following items may be deported from Japan in accordance with the procedures provided for in the following chapter:

(1) Any person who has entered Japan in violation of the provision of Article 3;

(2) Any person who has landed in Japan in violation of the provision of Article 9, Paragraph 5;

(3) Any person, except for those coming under the preceding two items, who has landed in Japan without obtaining permission for landing at port of call, permission for landing in transit,landing permission for crewman, permission for emergency landing,landing permission due to disaster or landing permission for temporary refuge;

(4) Any alien residing in Japan (except for those to whom permission for provisional landing, permission for landing at port of call, permission for landing in transit, landing permission for crewman, or landing permission due to disaster has been granted)who comes under any one of the following sub-items:

a. Any person who is clearly found to be engaged solely in activities involving the management of business involving income or activities for which he receives remuneration in violation of the provisions of Article 19, Paragraph 1;

b. Any person who stays in Japan beyond the period of stay authorized without obtaining an extension or change thereof;

c. Deleted;

d. Deleted;

e. Any person who has been punished for violation of the provisions of Article 74 to 74(6), or 74(8);

f. Any person who has been sentenced to imprisonment or a heavier penalty for violation of the provision of laws and ordinances relating to the alien registration except for those who have been sentenced guilty with suspension of execution of the sentence;

g. Any person who is a juvenile provided for by the Juvenile Law (Law No.168 of 1948) and who has been sentenced after November 1, 1951, to a penal servitude or imprisonment for not less than 3 years;

h. Any person who has been convicted later than November 1, 1951, for the violation of a provision of the Narcotics and Psychotropic Substances Control Law, Marijuana Control Law, Opium Law, Stimulants Control Law, Law Concerning Special Provisions for the Narcotics and Psychotropics Control Law, etc. and Other Matters for the Prevention of Activities Encouraging Illicit Conducts and Other Activities Involving Controlled Substances through International Cooperation (Law No.94 of 1991) or Book 2, Chapter 14 of the Penal Code (Law No.45 of 1907);

i. Except for those under Sub-items(e) to (h), any person who has been punished after November 1, 1951, with penal servitude or imprisonment for life or for a period not less than 1 year. However, this shall not apply to those sentenced guilty with suspension of execution of the sentence;

j. Any person who is engaged in prostitution or procuring prostitutes for others, solicitation, furnishing of the place for prostitution, or any other business directly connected with prostitution;

k. Any person who has incited, instigated, or aided the illegal entry or illegal landing of an alien into Japan;

l. Any person who attempts or advocates the overthrow of the Constitution of Japan or the Government formed thereunder by means of force or violence, or who organizes or is a member of a political party or any other organization which attempts or advocates the same;

m. Any person who organizes, or is a member of, or is closely associated or affiliated with any of the following political parties or other organizations:

1) Any political party or organization that encourages acts of violence or assaulting, killing, or injuring officials of the Government or local public entities for the reason of their being such officials;

2) Any political party or organization that encourages an unlawful damage or destruction of public installations or facilities;

3) Any political party or organization that encourages an act of dispute, such as,
stopping or preventing normal maintenance or operation of security equipment of a plant or a place of work.

n. Any person who has prepared, distributed or displayed printed matters, motion pictures, or any other documents or drawings to attain objectives of any political party or organization provided for in Sub-item (1) or (m);

o. Any person except those coming under Sub-items(a), (b) and (e) to (n), who the Minister of Justice determines has committed acts detrimental to the interests or security of Japan.

(5) Any person who has been given permission for provisional landing and escapes or fails to comply with a summons without justifiable reason in violation of the conditions imposed based on Article 13, Paragraph 3;

(5)-2 Any person who has been ordered to leave Japan based on the provisions of Article 10, Paragraph 9, or Article 11, Paragraph 6 but does not leave without delay.

(6) Any person given a permission of landing at port of call, permission of landing in transit, landing permission for crewman, permission for emergency landing, landing permission due to disaster or landing permission for temporary refuge who stays in Japan beyond the period entered in his passport or permit;

(6)-2 Any person who has been designated a period based on the provisions of Article 16, Paragraph 7, but does not return to his vessel or leave Japan within that period.

(7) Any person provided for in Article 22-2, Paragraph 1, who stays in Japan beyond the period prescribed in Article 22-2, Paragraph 1, without receiving permission pursuant to the same Article Paragraph 3, applicable correspondingly to Article 20, Paragraphs 3 and 4 or pursuant to Article 22-2, Paragraph 4, applicable correspondingly to Article 22, Paragraphs 2 and 3.

SECTION 3 DEPARTURE

(Procedure for Departure)

Article 25. An alien (excluding crewman but including those departing with re-entry permit provided for in Article 26; the same in the following article) who is to depart from Japan with the intention to proceed to an area outside of Japan shall receive confirmation of departure by an Immigration Inspector in accordance with the procedures provided for by the Ministry of Justice Ordinance at the port of entry or departure at which he leaves Japan.

2. Any alien described in the preceding paragraph shall not leave Japan unless he has received confirmation of departure.

(Deferment of Confirmation of Departure)

Article 25-2. An Immigration Inspector may suspend confirmation of departure for up to twenty-four hours after the application for confirmation has been made in accordance with the provisions of the preceding article by an alien who desires to leave Japan with the intention to proceed to an area outside of Japan, when a notification has been received from relevant agencies that the alien is either:

(1) A person who is subject to legal action for a crime involving death or life sentence, penal servitude for three years or more, or imprisonment; or a person against whom a warrant of arrest, a warrant of custody, warrant of detention, or a warrant of legal consultation detention has been issued;

(2) A person who has been sentenced to imprisonment or heavier penalty and has not been sentenced guilty with suspension of execution of the sentence, and who must complete the sentence or must wait until freed from the execution of the sentence (except for those released on parole); or,

(3) A person against whom a warrant for provisional confinement or confinement has been issued based on the provisions of the Law on Extradition (Law No. 68 of 1953).

2. An Immigration Inspector shall, when he has suspended confirmation of departure as provided for in the preceding paragraph, immediately notify to that effect the relevant agency from which The notification of the preceding paragraph was received.

(Re-entry Permission)

Article 26. The Minister of Justice may give a re-entry permission to an alien in accordance with the procedures provided for by the Ministry of Justice Ordinance upon application of the alien who is staying in Japan(except for those who have received permission for landing under Articles 13 to 18) and is to depart from Japan with intention to make a re-entry into Japan prior to the date of expiration of his period of stay (or the period within which he is eligible to stay in case he has no fixed period of stay).In doing so, the Minister of Justice may permit a multiple re-entry upon application if considered to be appropriate.

2. The Minister of Justice shall, when giving the permit provided for in the preceding paragraph, have an Immigration Inspector endorse by stamping a re-entry permission in the passport of an alien if he possesses a passport, or issue a re-entry permit in accordance with the procedures provided for by the Ministry of Justice Ordinance if he is not in possession of a passport and unable to acquire one because of being without nationality or of other reasons. In such a case the provisions of the last sentence of Article 22, Paragraph 3, shall apply.

3. The Minister of Justice shall determine a period of validity of the re-entry permission (including multiple re-entry permission) which shall not exceed one year from the date of issuance of the permission.

4. The Minister of Justice may, if he finds that a person who has left Japan with a re-entry permission has justifiable reasons for not being able to re-enter within a valid period of the permission, grant extension, upon application, of the period of validity up to a period of one year and within two years from the issuance date of the re-entry permission.

5. The permission provided for in the preceding paragraph shall be entered in the passport or the Re-entry Permit, and the administrative work shall be entrusted to Japanese Consular Officers, etc.

6. If the Minister of Justice finds that it is not appropriate to give the multiple re-entry permission any further to an alien who has re-entered with a multiple re-entry permission, the permission may be revoked while the said alien is in Japan.

7. The Re-entry Permit provided for in Paragraph 2 shall be considered a passport limited to entrance into Japan only in conformity with the re-entry permission in relation to the Re-entry Permit concerned.