Immigration in Japan: What to Know About Entry Limits

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What is immigration, and what rules and restrictions are involved in controlling the entry of aspiring foreign residents? These are important points to respect that can make your arrival and stay much easier. 

While the specific regulations may vary, all countries enforce basic principles of immigration control. They include entering with a valid passport, undergoing screening, engaging only in permitted activities, and leaving before the authorized period of stay expires. And it seems that people are coming. As of May 1, 2024, the number of international students in Japan reached an all-time high of 336,708, reflecting a 20.6% increase compared to the previous year.

Third in the Series

Read the series, Immigration in Japan

Most foreigners entering Japan come for tourism. However, a growing number come to study or work. If you're among them, being prepared to show you meet the requirements for staying in Japan can smooth your way.

In Japan, immigration screening is handled by the Immigration Services Agency under the jurisdiction of the Ministry of Justice. Often, it is referred to simply as "Immigration." The Minister of Justice is the top authority in immigration administration. 

Since immigration also involves international relations, the Ministry of Foreign Affairs is responsible for issuing visas, weighing diplomatic considerations.

Five Main Immigration Service Responsibilities

Of the five primary groups of duties, the first three duties are largely regulatory in nature. Meanwhile, the fourth reflects Japan's commitment to international human rights under treaty obligations. Then, the fifth group of duties represents a shift in character — a newer, community-oriented aspect of immigration services aiming to create a more supportive environment for foreign residents. Let's take a look.

Immigration Inspections at Airports and Seaports

Number one in Japan's "border control" consists of three steps: quarantine (Ministry of Health, Labor and Welfare), immigration inspection (Immigration Services Agency), and customs (Ministry of Finance). Inspections include verifying that passports and visas are valid. They also encompass checking that an individual's stated purpose for entry aligns with one of the available residence statuses. A check is carried out also to make certain that the individual is not on a watchlist (commonly known as a blacklist). 

Managing the Residency of Foreign Nationals in Japan

Second, Immigration is responsible for reviewing whether a foreign national's activities still fall within the scope of their residence status. For example, it looks at their employment, studies, and whether they are living with family. Many foreign residents are familiar with it because it also includes processing applications for extensions of stay or changes to residence status.

Enforcing Deportation When Necessary

Third, when a person no longer qualifies for their residence status, or when they commit a criminal offense, immigration authorities initiate deportation procedures according to the law. In exceptional humanitarian cases, authorities may grant "Special Permission to Stay." Alternatively, individuals may be asked to leave Japan and allowed to return later, after fulfilling the required conditions and obtaining a new status.

Refugee Recognition and Humanitarian Protection

Fourth, Immigration also assesses claims from individuals who seek refuge under international treaties or require protection for human rights reasons. In these cases, it provides temporary sanctuary if their claims are determined to be credible.

Promoting Multicultural Coexistence

Finally, a recent addition to immigration's role is promoting interaction between Japanese and foreign residents to help build a multicultural society. The agency collaborates with local governments to provide information, consultation services, and other forms of support for foreign residents now living in communities across Japan.

Foreign Nationals Who Cannot Stay in Japan

There are also some categories of foreigners whom Japan cannot permit to stay. Broadly speaking, they are divided into four categories. However, in practice, nearly all fall under categories one or two:

1. Individuals who violate the Immigration Control Act, including cases of illegal entry or overstaying their permitted period.
2. Offenders who have been convicted of criminal acts under Japanese law.
3. People designated as members of international terrorist groups or criminal organizations.
4. Anyone whose actions are deemed a serious threat to Japan's national interests or public order.

Examples of the first category include individuals who enter Japan without a valid passport or evade immigration screening through smuggling. These cases are known as illegal entry or illegal landing. The category covers those who engage in unauthorized employment outside their permitted status. It also includes those who overstay after their authorized period of stay has expired.

Among the second category are individuals who have been convicted of crimes such as drug offenses or other criminal acts.

Following the Law for a Successful Stay 

Most individuals who arrive intending to work or study follow the rules and enter without problems. However, if you fall within the four disallowed categories, intentionally or not, you should expect to be deported.

Category one among those relates to the very foundation of immigration control. Japan cannot allow individuals to stay without a valid passport or beyond the authorized scope and period of residence.

There have also been past cases of people washing up or otherwise landing on Japanese shores. In such cases, authorities begin by checking their health and thoroughly interviewing them about the circumstances, such as accidents or emergency landings due to illness. Based on humanitarian grounds, a temporary stay in Japan may sometimes be permitted.

As for those in categories two and three, no further explanation is likely needed. Anyone falling into these categories and found to meet the conditions for deportation will eventually receive a deportation order. That order is the final administrative step in the process.

Some in Japan argue that such individuals shouldn't be treated like criminals, especially if they help alleviate labor shortages. Violating immigration laws may not be the same as committing a violent crime. However, it still constitutes a violation of the law. Once someone is found to be in breach of Japan's residence system, they cannot be allowed to stay. Deportation procedures — and in some cases, criminal prosecution — are the only options for protecting social order.

Continues in Part 4: Understanding Who is a Refugee

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Author: Fusako Yanase

In addition to being an expert on immigration, Yanase is a best-selling author and former Honorary Chair of the Certified NPO Association for Aid and Relief, Japan.

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