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  • Japan overstay

    If you overstay your tourist visa in Japan. Will you be deported for one year? Three years? Or five years?

  • #2
    depends... case by case... do not overstay find another way...

    Comment


    • #3
      If you can avoid overstaying, avoid.
      If you can't, then go into immigration voluntarily to beg for their forgiveness (seriously!), and if possible, to explain your situation. There was a newspaper article recently that said people who do that are apt to get only a 1 year blacklisting, instead of 5.

      As usual, everything is case by case.

      Comment


      • #4
        Actually it's a new law persay with Immigration that they started a couple or so years ago to relieve the number of overstayers.

        If you have overstayed your visa, and can leave from Japan at once, then go to immigration and turn yourself in,If you have the funds to return to your own country at once and have not committed any crimes, then immigration will allow you to leave with NO FINE,NO DETENTION AND ONLY BLACKLIST you for one year.

        If you search this forum, you can find the actual law pertaining to this.

        Now if you are caught by the police during your overstay period and you could be stopped for a simple ID check then you're ______ BIG TIME. You will be arrested at once detained for at least 23 days and have a criminal record, then the police will turn you over to immigration and they will also charge you, make you pay a big fine and detain you for period of time and then deport you for ten years.

        Not a hard choice to make.

        Comment


        • #5
          Japan ousts foreign overstayers
          By Hussain Khan

          TOKYO - Japan, increasingly concerned about as many as 250,000 foreign workers who have overstayed their visas, is cracking down. In the month from September 19 to October 17, immigration forces and the Tokyo police caught 1,643 illegal foreign workers, the largest number recorded so far for a single month. Most were caught in Tokyo's 23 wards as well as the suburban areas.

          On October 17, Justice Minister Daizo Nozawa announced a joint effort between Tokyo's metropolitan police force and the Immigration Department to attempt to catch and deport as many illegals as possible. Nozawa also vowed to simplify deportation procedures to get them out of the country faster, without handing them to police for deportation.

          That Japan has had an uneasy relationship with foreigners goes without saying. It is a society that has been deeply distrustful of gaijin, as foreigners are known, regarding them as culturally inferior. Under the Tokugawa Shogunate, Japan remained a sakoku, a closed country. For centuries, no foreigners were allowed to enter Japan, and Japanese were forbidden from going out until US Commodore Matthew Perry famously forced open the borders in 1853.

          This anti-foreign antipathy remains so deeply rooted in Japanese society that gaijin cannot rent a house easily without providing the name of a Japanese guarantor. Indeed, in many areas, landlords won't rent to foreigners even with a guarantor. Some Americans complain that they have been unable to rent apartments for as long as five years.

          But as the population ages and the country's needs for labor have grown, it has grudgingly opened its doors to temporary workers - very grudgingly. The United Nations has estimated that because of its aging population, Japan could use as many as 600,000 foreign-born workers as immigrants per year. Nonetheless, only 0.2 percent of its population is foreign-born, compared to as much as 20 percent of Australia's and 18 percent in the US.

          This poses endemic problems for Japanese society. The US, for instance, has long cross-fertilized its scientific and industrial communities with the foreign-born. The number of foreign-born winners of American Nobel prizes in the sciences and mathematics provides a dramatic example of such contributions by immigrants. It is arguable that the information technology revolution in Silicon Valley in the 1980s and 1990s would not have been nearly as dramatic without the contributions of Indian, Chinese and other immigrants.

          Japan will have none of it. And as unemployment has grown during the country's long economic downturn, suspicion of foreigners has increased, driving foreign-born workers underground, as evidenced by the special campaign started to catch them in Tokyo and its environs. Of the September-October arrests, some 366 were Chinese, 326 Filipinos, 256 Malaysians, 166 Indonesians and the rest other nationalities.

          Nor are Japanese authorities particularly gentle about carrying out their deportation procedures. The press has been giving special attention to the case of a 31-year-old West Asian woman whose forced deportation with her two infants is regarded as a particular example of official high-handedness.

          The woman was detained for more than 15 months without being allowed to stay with her infants, who were forcibly taken from her and held in a separate child-care facility. Despite concerns on the part of the United Nations High Commission for Refugees in Japan, Amnesty International Japan and supporting such organizations as the Japan Association for Refugees, she was expelled from the country without a chance to appear in court on the day her lawyer Satoko Kitamura, was to appeal against the deportation order. Kitamura called the case "inhumane".

          The Japanese authorities are unswayed. In the wake of the October 17 meeting, a joint communique was issued by immigration, police and the Justice Ministry declaring that:

          1) A strong campaign will be carried out for catching and for forced deportation of all overstayed foreign workers.
          2) At the time of entry into Japan, visa requirements will be checked and enforced strictly and eligibility for a temporary stay in Japan will also be tightened.
          3) Employers of the overstayed foreign workers and the brokers involved in it will be dealt with more severely.

          Last year more than 1,000 cases were dealt with directly by immigration without referring them for prosecution. This procedure will be expanded further to apply it to all overstayed foreign workers. The only exceptions will be those workers who are found involved in criminal activities.

          According to Home Ministry statistics up to January last year, some 224,067 foreign workers overstayed their visas. Of those, 55,164 were Koreans, 29,649 Filipinos and 27,582 were Chinese. Indonesians were eighth with 6,393, but that was an increase of about 30 percent compared to their number of 4,947 a year earlier.

          According to a report in the Japan Times, some 1,739 illegal passports, visas and other travel documents were confiscated at Japanese airports and ports from January to June, up 42 percent from the same period last year. The Justice Ministry said 853 passports were forged, 50 percent of which were held by Chinese nationals. According to the Immigration Bureau, 423 Chinese had bogus passports, followed by 81 Iranians, 77 Thais and 65 Filipinos.
          A senior ministry official said immigration authorities were able to find more illegal documents because the SARS (severe acute respiratory syndrome) epidemic led to a decrease in foreigners entering and leaving Japan, and allowed for better scrutiny.

          To make immigration control more effective, Japan is planning to make use of biometric technology. In the next fiscal year, the Ministry of Justice has budgeted 48 million yen [US$439,000] for developing this technology with the cooperation of the private sector.

          The Ministry of Foreign Affairs is also planning the use of electronic passports in coordination with the International Civil Aviation Organization and the Group of Eight major countries, who are working to create international standards for the use of biometrics.

          Electronic passports will contain integrated circuit chips with data about the passport holder using his fingerprints, palm prints, skull structure, retina, iris, voice and other biological characteristics. These biometric checks are to be installed in all immigration booths.

          This growing stiffness over immigration has sparked growing debate in the letters columns of Japanese newspapers. One gaijin wrote: "The trouble with immigration is not that people will be a burden to the host society or take jobs from those living there. The trouble is outdated attitudes and racist government policies. There will always be a need for certain people to fill certain vacancies in society or to create new business opportunities. It is the onus of the host country to let immigrants work and pay taxes in society."

          Tokyo Governor Shintaro Ishihara has been the most xenophobic leader advocating racist policies. Shintaro has offered additional forces to the immigration department to root out all overstayed foreign workers from Tokyo and its suburban areas. But he is not alone. In fact, Liberal Democratic Party (LDP) leaders in the run-up to Sunday's election made political capital out of the foreign-overstayer problem, playing on fears that the foreign-born are responsible for rising crime rates.

          Nor are the dead immune. Saudi Arabian King Fahd Bin Abdul Aziz al-Saud, for instance, sent US$700,000 some years ago for the purchase of a graveyard for Japan's Muslims. Despite the passage of several years, neither local Muslims nor the Saudi Embassy has been able to purchase land for the purpose. Either local Japanese jurisdictions do not allow the sale of such land for those purchases, even for dead foreigners, or local city governments won't give the necessary permissions.

          In some outlying areas, if the dead are Japanese Muslims, they are asked to burn their dead, according to Japanese laws applicable to the country's own citizens, instead of burying them in graveyards.

          Hussain Khan holds a master's degree in economics from Tokyo University and has worked in Japan as an equities analyst. He is an independent Tokyo-based analyst on current affairs and economic issues for various newspapers and magazines.
          (Copyright 2003 Asia Times Online Co, Ltd.)

          Comment


          • #6
            Japan gets tough on visa violators
            1-day overstay can bring time in cell, 5-year banishment

            Catherine Makino, Chronicle Foreign Service

            ________________________________________


            http://www.sfgate.com/cgi-bin/articl...NGT16IQK81.DTL
            Tokyo -- When Bay Area students Angela Luna and Richard Nishizawa tried to board a plane bound for San Francisco in March, airport authorities threw them in a small holding cell and held them incommunicado for several days before banishing them from Japan for five years.
            Luna and Nishizawa, who had studied Japanese for a year at Reitaku University about 20 miles northeast of Tokyo, were not arrested for committing a serious crime. They had merely stayed in the country two weeks longer than their visas permitted.
            "We had valid 5-year visas, so we didn't bother to look at our immigration stamps," Luna, 27, said by telephone from her home in Lafayette. "The guards made me change my clothes because they had drawstrings. They thought I might use it has a weapon, or strangle someone. We were treated like criminals."
            Nishizawa, 31, who lives in Martinez, says he was handcuffed, strip- searched, placed in a 20-by-20-foot cell with four other foreigners and given a mat to sleep on.
            Christopher Mockford, a student from Ellensburg, Wash., was handcuffed and detained for three days after finishing a yearlong scholarship program at Shimane University in western Japan. He, too, was banished from Japan for five years, for staying one day longer than his visa allowed.
            "My major is Japanese, and now I will have to probably change it," Mockford said.
            Luna, Nishizawa and Mockford were victims of an intense crackdown in the past year that punishes foreigners who stay in Japan longer than they are legally allowed. The campaign has been harshly criticized by human rights groups, who say politicians and the government are cynically blaming foreigners for Japan's depressed economy and rising crime rate -- even if innocent tourists and students get caught up in the dragnet.
            "There is racial profiling going on, and no one is questioning it," said Makoto Teranaka, secretary general of Amnesty International in Japan. "The police are using foreigners as scapegoats for an increase in crime."
            Known locally as "overstayers," foreigners are subject to being jailed for three to four days, fined up to $3,000 and banned from Japan for five years for staying a single day longer than their visa permits. Some are even charged $600 for each day in detention and denied the right to call their family or embassy unless they appeal their cases, a three- to five-week process that few overstayers opt for.
            The Justice Ministry argues that the crackdown is warranted because some 220,000 foreigners violated their visas last year -- mostly Koreans, Filipinos and Chinese who want to hang on to jobs that pay higher wages than jobs in their own countries. An additional 30,000 foreigners were smuggled illegally into Japan, mainly from China.
            Tatsuro Kitazono, an immigration officer in Tokyo, says the crackdown is linked to a 17 percent jump in crime by foreigners in the past year. In 2003, police say foreigners committed 40,615 criminal acts -- mostly theft, fraud and forgery, but also the high-profile murders of a family of four in Fukuoka by three Chinese students.
            Earl Kinmoth, a professor of sociology at Tokyo's Taisho University who has lived in Japan for some 30 years, also sees a historical tie to the campaign against overstayers.
            "The crackdown is probably a combination of things: an increase in crime by Chinese, 9/11, unthinking officials and fear of foreigners," he said. "And certainly there is xenophobia here, based on history."
            Japan was closed to the world for 250 years until U.S. Navy Commodore Matthew Perry forced the shogunate to open Japan's borders in 1854. The nation remains homogeneous, with only 0.2 percent of its population foreign-born. Sociologists say many Japanese remain deeply distrustful of gaijin, as foreigners are known -- a sentiment that has increased in recent years because of a decade-long economic recession and rising unemployment.
            Tokyo Gov. Shintaro Ishihara, a nationalist who is one of Japan's most popular politicians, has promised additional manpower to help immigration agents root out visa violators in Tokyo and surrounding areas. In 2000, Ishihara told members of Japan's Self-Defense Forces that foreigners had committed "atrocious crimes" in the past and "could be expected to riot in the event of a disastrous earthquake."
            The Immigration Bureau has also jumped on the nationalist bandwagon by creating a Web site (www.immi-moj.go.jp/zyouhou/index.html) in February that Amnesty International has described as "cyber xenophobia." The site asks Japanese to turn in suspicious foreigners who are "taking your jobs" and received more than 780 tips in the first month, according to bureau spokesman Mamoru Fukudaki.
            Michael Boyle, a spokesman for the U.S. Embassy in Tokyo, says he does not know how many Americans have been detained in recent months because most detainees choose to leave Japan after paying fines and accepting the five-year banishment.
            "The anecdotal evidence suggests that there has been an uptick in the number of Americans detained," Boyle said. "Our opinion is that when traveling abroad, Americans are subject to the laws of the country they are visiting."
            An aging population and a low birth rate -- Japan's population is expected to drop from 125 million in 2004 to 100 million by 2056, in a projection by the National Institute of Population and Social Security -- have caused the government to grudgingly open its doors to foreign workers, who often take jobs shunned by most Japanese as falling within the "3Ds" -- dirty, dangerous and difficult. Such jobs, including work at construction sites and in restaurant kitchens, typically offer low wages and few or no benefits.
            Tony Lazlo, director of Issho Kikaku ("Together Project"), a nonprofit organization formed by Tokyo-based foreigners to support multicultural issues, says foreigners previously avoided punishment for expired visas by writing a letter of apology. Kinmoth says immigration officials used to "bend over backward to handle it."
            A special commission has been set up to review the nation's immigration laws.
            Gregory Clark, a former Australian diplomat and the only foreigner on the panel, says his colleagues are "impervious to bad publicity" and are unlikely to ease up on overstayers. The Justice Ministry, which launched a special 200- member unit to find illegal residents last month, may increase the maximum fine from $3,000 to $30,000 and increase the banishment from five to 10 years.
            In the Bay Area, Luna and Nishizawa say they plan on returning to Japan after their five-year banishment ends. But both are still fuming about being caught up in Japanese politics. "I am upset about the way it was handled, especially since a lot of it is political and not a glitch in the bureaucratic system," said Luna. "The punishment certainly didn't fit the crime."

            Comment


            • #7
              Glenski,
              The stuff that you posted is over 3 YEARS OLD and doesn't really apply now.
              Immigration has changed it's policy now on overstayers and is actually very generous if you turn yourself in and ready to leave Japan.

              I wish people would quit posting this story about the SF situation I have seen it on numerous sites and is quit old and doesn't apply so much now.Things do change

              Comment


              • #8
                Originally posted by ezra
                Glenski,
                The stuff that you posted is over 3 YEARS OLD and doesn't really apply now.
                Immigration has changed it's policy now on overstayers and is actually very generous if you turn yourself in and ready to leave Japan.

                I wish people would quit posting this story about the SF situation I have seen it on numerous sites and is quit old and doesn't apply so much now.Things do change
                I don't think the law has changed. The SF team got their asses handed to them because they went to the airport (running away) instead of to immigration (confession).

                Recently the Tokyo immigration bureau were distributing promotional fans; on one side is a picture of the confessional route (get told off, get a year's banishment, leave yourself), versus the getting caught route (cuffs all the way to your plane, detention, five year ban, deportation).

                Since anyone with an expired visa is going to have to deal with immigration when they want to leave, the best thing is to beg for forgiveness at the immigration HQ before the police get you. You'll get a renewal or the one year ban, but even if you get the one year ban, you leave under your own steam, and you can avoid ticking the 'Did anyone ever deport you?' question that appears on lots of countries' landing forms.

                The SF team failed to realize the cultural principle at work.. people who break the law will be punished, people who say they're really sorry before someone else catches them will be punished less harshly.

                Comment


                • #9
                  Originally posted by MeepMeep
                  I don't think the law has changed. The SF team got their asses handed to them because they went to the airport (running away) instead of to immigration (confession).

                  Recently the Tokyo immigration bureau were distributing promotional fans; on one side is a picture of the confessional route (get told off, get a year's banishment, leave yourself), versus the getting caught route (cuffs all the way to your plane, detention, five year ban, deportation).

                  Since anyone with an expired visa is going to have to deal with immigration when they want to leave, the best thing is to beg for forgiveness at the immigration HQ before the police get you. You'll get a renewal or the one year ban, but even if you get the one year ban, you leave under your own steam, and you can avoid ticking the 'Did anyone ever deport you?' question that appears on lots of countries' landing forms.

                  The SF team failed to realize the cultural principle at work.. people who break the law will be punished, people who say they're really sorry before someone else catches them will be punished less harshly.

                  This is a good post. Thank you. You do have to turn yourself in at a immigration office. This is called "Departure order" rather than "Deportation"
                  and only applies if YOU HAVE NEVER DONE IT BEFORE,HAVE NEVER BEEN ARESSTED IN JAPAN,AND ONLY IF YOU TURN YOURSELF IN AT A IMMIGRATION OFFICE.

                  Here is a little more info on this:
                  http://www.immi-moj.go.jp/english/te...ikyo/ihan.html

                  Comment


                  • #10
                    Originally posted by ezra
                    Glenski,
                    The stuff that you posted is over 3 YEARS OLD and doesn't really apply now.
                    Immigration has changed it's policy now on overstayers and is actually very generous if you turn yourself in and ready to leave Japan.

                    I wish people would quit posting this story about the SF situation I have seen it on numerous sites and is quit old and doesn't apply so much now.Things do change
                    I realize how old the info is. I have been searching for a more recent (1 or 2 year old?) article that pretty much says what you wrote above (and which I recall agreed with what you wrote). I think it was mostly about Chinese overstayers, but it applied to any foreigner.

                    Comment


                    • #11
                      Glenski's 2003 source was important info tho four years or so ago

                      Note that the woman separated from her very young children was 'West Asian'. I'm white as are most posters on gaijinpot (I'm presuming but I'm probably correct) and we will never realise what non Japanese Asian people go through in Japan when we focus too much on the discrimination and xenophobia that can come our way in Japan.

                      That instance in the article Glenski posted was absolutely disgusting. Sure, deport the overstayer but let her be with her very young children. This showed a chilling and distressing lack of humanity and I bet she wouldn't have been detained so long and her children deprived of their mother had she been white.

                      Imagine very young foreign chidren being detained in a Japanese facility without their mother for 15 months. That was evil as far as I am concerned. Those children would have been treated with systematic, calculated neglect (subtle enough to cover the basics but neglect nevertheless) and contempt.

                      Especially if you have ever witnessed firsthand how the system and many Japanese especially in authority treat other Asians especially those desperate enough or deceived enough to work in certain industries. Even those in legal occupations are treated like garbage if they overstay or make other bad decisions. The biggest scum though are the Japanese authorities who subject them to innumerable indignities and cruelties while they detain them.

                      Remember - a white skin gives you privileges in Japan others don't have. Don't abuse the privilege.

                      Comment


                      • #12
                        Deportation Order system

                        The "Deportation Order" system, as others have mentioned. See here:

                        http://forum.gaijinpot.com/showthread.php?t=32557


                        Originally posted by MeepMeep
                        I don't think the law has changed. The SF team got their ... handed to them because they went to the airport (running away) instead of to immigration (confession).
                        Correct.

                        It appears that if they had dropped into the Immigration Bureau office on the way to the airport to get a "Deportation Order", they would have boarded their flight, as planned, without missing a beat. No fine, just a 1-year banishment from Japan (and having to answer "YES" foreverafter to this question on the "DISEMBARKATION CARD FOR FOREIGNER /
                        EMBARKATION CARD FOR FOREIGNER" form:

                        Have you ever been deported from Japan, have you ever departed from Japan
                        under a departure order, or have you ever been denied entry to Japan?
                        Last edited by bland; 2010-02-19, 07:19 PM.

                        Comment


                        • #13
                          Here's the article I was referring to earlier. 2005. Looks like the regulations changed in December, 2004.


                          4,150 foreigners turn themselves in after change in visa rule

                          Saturday, January 8, 2005 at 07:00 JST
                          TOKYO — The number of foreigners who have turned themselves in to immigration offices in December for overstaying their visas following changes in regulations on Dec 2 totaled about 4,150, the Justice Ministry said Friday.
                          The new rules allow those who overstay their visas to turn themselves in to the authorities and immediately leave the country without being detained in exchange for lighter punishment — a one-year ban on reentry instead of a five-year ban. Filipinos accounted for the largest proportion at 1,107, followed by Chinese at 1,050 and South Koreans at 511. (Kyodo News)

                          Comment


                          • #14
                            Originally posted by bland
                            The "Deportation Order" system, as others have mentioned. See here:

                            http://www.gaijinpot.com/bb/showthread.php?t=32557

                            Correct.

                            It appears that if they had dropped into the Immigration Bureau office on the way to the airport to get a "Deportation Order", they would have boarded their flight, as planned, without missing a beat. No fine, just a 1-year banishment from Japan (and having to answer "YES" foreverafter to this question on the "DISEMBARKATION CARD FOR FOREIGNER / EMBARKATION CARD FOR FOREIGNER" form:
                            Right, it's a discretionary procedure available to immigration, so if you manage to nark the officer processing you somehow, they can still order your deportation.

                            As to ticking 'yes' to Japan's question, they know anyway because you're in their records for evermore, so it's no problem because they are just making sure you are honest.

                            What you want to avoid is a real deportation, because then you must declare it to other countries (a huge red flag). A departure order is not a deportation or a refusal of entry. If they don't ask, you shouldn't tell.

                            Comment


                            • #15
                              And tho I was outraged by the West Asian woman's case

                              especially for her very young children, the fact remains we can't blame the Japanese authorities on the fundamental position that visa overstayers need to be dealt with more harshly as past leniency clearly has been and is being abused.

                              I question the detention of people for more than a few months and the indignities heaped on them such as in the case of separation of very young/young/teenager children.

                              However, it was no surprise the authorities became mightily fed up with the way in which foreigners overstayed, flouting the laws. Yes, the authorities have also helped create this by their turning blind eyes to the organised crime and other groups that bring in a lot of these desperately poor Asian women to work illegally.

                              However, they are fundamentally correct to crack down on eikaiwa teachers, students, and tourists overstaying their visas as well as Iranians and others who have lived with impunity as illegals for some years in Japan.

                              They are not being paranoid there as a Japanese author was murdered by a member of the Iranian Revolutionary Guard (his crime was translating the Satanic Verses) and despite some stereotyping of peoples such as Iranians, their regime is hostile to western countries and their allies such as Japan.

                              The Japanese have good reason to be concerned about visa overstayers especially those from Iran and other countries where hostile Islamist regimes control just who leaves their countries.

                              Comment

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