Immigration Law at Japan

07 Apr 2025 --
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Immigration law in Japan is governed primarily by the Immigration Control and Refugee Recognition Act (ICRRA) and is administered by the Immigration Services Agency of Japan under the Ministry of Justice. Japan has a more restrictive immigration policy compared to other developed nations, but there are various visa categories and provisions for foreign nationals to live, work, and study in the country.

Key Aspects of Japan's Immigration Law:

1. Visa Categories

Japan offers a range of visas for different purposes of stay. Common categories include:

Short-Term Stay Visa: For tourism, business visits, or short-term visits (up to 90 days). Nationals of many countries can enter Japan without a visa for stays up to 90 days.

Long-Term Stay Visas: For those planning to stay for more than 90 days, including:

Work Visas (Engineer/Specialist in Humanities/International Services, Skilled Labor, etc.): For foreign nationals with specialized skills or education.

Student Visa: For those enrolling in educational institutions.

Family Visa: For spouses, children, or other dependents of Japanese nationals or foreign residents.

Technical Intern Training Visa: For individuals coming to Japan for vocational training, although this has received criticism for exploitation risks.

Highly Skilled Professional Visa: A points-based system introduced to attract top-tier talent in fields like research, business, and technology. Points are awarded based on factors such as educational background, income, and work experience.

Investor/Business Manager Visa: For foreign nationals who intend to run a business or invest in Japan.

Permanent Residency Visa: Foreign nationals can apply for permanent residency after residing in Japan for a certain number of years, generally 10 years, though it can be shorter for highly skilled professionals or those married to Japanese citizens.

2. Work Visas

Work visas are generally issued to foreign nationals who have a job offer in Japan, and each category has specific requirements, including educational qualifications, skills, and the nature of the job.

The most common work visas include:

Engineer/Specialist in Humanities/International Services – for people working in technical fields, humanities, or international services.

Skilled Labor – for professions requiring specific skills, such as construction or agriculture.

Intra-company Transferee – for those transferred within a company from a foreign branch to a Japanese branch.

3. Permanent Residency (PR)

Permanent Residency can be applied for after living in Japan for a certain period of time:

Standard route: Generally, individuals need to have lived in Japan for 10 years (with some exceptions for highly skilled professionals or those married to Japanese citizens).

Highly Skilled Professionals: This group can apply for permanent residency after 1-3 years under the Highly Skilled Professional Visa.

Applicants must demonstrate financial stability, compliance with Japanese laws, and contribute to society.

4. Naturalization (Citizenship)

Naturalization is a lengthy and difficult process. Foreign nationals must live in Japan for at least 5 years continuously and demonstrate fluency in the Japanese language and cultural integration.

Applicants must renounce their previous citizenship because Japan does not allow dual nationality.

Applicants need to show financial stability and integration into society.

5. Refugee and Asylum Applications

Japan has a strict asylum policy, and the number of asylum seekers accepted each year is relatively low.

Applicants must prove that they face persecution or risk of harm in their home country.

The process can be long, with many asylum seekers waiting years for a decision.

6. Student Visas

Foreign nationals who wish to study in Japan need a student visa.

They must be enrolled in an educational institution and show proof of financial support. The student visa is usually valid for the duration of the course, and part-time work is permitted under certain conditions (maximum of 28 hours per week).

7. Family and Dependent Visas

Foreign nationals who are working or studying in Japan can bring their immediate family members (spouse, children, etc.) under a family visa.

The family member's stay is usually tied to the primary visa holder’s status.

8. Overstays and Deportation

Japan has stringent penalties for overstaying visas. Overstayers can face deportation and a ban from re-entering Japan for a period.

Those with overstayed visas may be detained and required to leave the country.

9. Recent Developments

Labor Shortages: Japan has been facing labor shortages, especially in fields like nursing, construction, and agriculture. To address this, Japan has introduced new visa categories to attract foreign workers, such as the Specified Skilled Worker Visa (SSW), which allows non-skilled workers in certain industries to live and work in Japan for up to five years.

Highly Skilled Professionals: Japan is increasingly targeting skilled workers and entrepreneurs through its points-based visa system, offering accelerated paths to permanent residency for highly skilled professionals.

10. Visa Waiver and Exemptions

Citizens from over 60 countries can enter Japan visa-free for short stays (typically for tourism or business) for up to 90 days. However, they may not engage in employment or other activities beyond the specified purpose.