- I applied to renew my current residence status or to change to another status, but even after the expiration date, I have not received any result from the Immigration Services Agency. In this situation, am I considered overstaying?
If you applied for a renewal or a change of residence status before your current status expired, you will not be considered an overstayer for up to two months after the day following the expiration date.
This maximum twomonth period is called the “special period”, during which your stay in Japan is considered lawful (Immigration Control and Refugee Recognition Act, Article 206 and Article 214).
Therefore, even if you are questioned by the police during this special period, you will not be arrested.
Likewise, your employer cannot dismiss you or refuse your employment simply because the expiration date on your residence card has passed.
- What are the characteristics of the special period?
No certificate will be issued to show that you are in the special period.
In other words, your current residence card together with documents proving that you submitted the application will serve as proof that you are lawfully staying in Japan.
Although the special period lasts up to two months, it ends immediately once you receive the result of your application from the Immigration Services Agency.
The result will either be approval or denial. If your application is denied, you will normally be granted a “Designated Activities” status for 30 or 31 days to prepare for departure.
Under the Immigration Control Act, individuals whose residence period is 30 days or less are excluded from the special period (Article 206, parenthetical note).
Permission for engaging in activities outside the scope of your residence status remains valid, but for students, enrollment in an educational institution must continue (Immigration Control Act Enforcement Regulations, Article 195, Item 1, parenthetical note).
Reentry permission is also possible. You may leave and reenter Japan, but you must remain able to appear at the Immigration Services Agency if you are called during the special period.
This means ensuring that your contact information is reachable and that you can promptly obtain an airline ticket and return to Japan if necessary.