| |
Some foreign residents in Japan employ perjury or other unfair means in obtaining
the landing permission. Some of aliens residing in Japan commit a crime
or engage in illegal work, rather than their authorized activities under
their status of residence. Since these foreign residents prevent fair
immigration control services, the immigration control authority, aiming
to operate the resident status program for aliens in a better manner,
has started revoking alien's status of residence (on December 2, 2004)
by amending a portion of Immigration Control Act in 2004
Where any of the following facts are found
with respect to the foreign national residing in Japan under a status of residence
specified in the left-hand column of Annexed Table I or Annexed Table II (excluding
those recognized as refugees under Article 61-2, Paragraph 1), the Ministry of
Justice may revoke the foreign national's status of residence in accordance with
the procedures provided for by a Ministry of Justice ordinance.
- The foreign national has misled the immigration inspector,
by making a false statement or by other dishonest means, to believe
that he does not fall under the grounds for denial of landing, and
has received a stamp of permission for landing.
- The foreign national has received a stamp of permission for landing, by making
a false statement or by other dishonest means regarding the activities
to be undertaken while staying in Japan.
- The foreign national has received a stamp of permission for landing, by making
a false statement on matters other than those regarding the activities
to be undertaken while staying in Japan; e.g., where the applicant
has made a false statement regarding his career.
- The foreign national has received a stamp of permission for landing, by submitting
a document that is not based on fact, other than the cases mentioned
in the above; e.g., where an agent accepting a foreign national has
submitted a document that contains a false statement but the foreign
national does not know of it.
- The foreign national staying in Japan under any of the statuses of residence
prescribed by law*has not made a false statement in the application
for permission, but due to subsequent changes in circumstances, he
does not need to stay in Japan any longer; e.g., where a foreign student
who has been expelled from school due to non-attendance does not go
to another school and is not expected to engage in activities as a
foreign student in the near future.
In revoking foreign national's status of residence, the immigration control
authority must have hearing sessions for the suspected foreign national.
If a foreign national loses his/her status of residence for the reason
(1) or (2) stated above, the foreign national will be immediately deported
from Japan. On the other hand, if a foreign national loses his/her status
of residence for the reason (3), (4) or (5), the alien will have 30 days
to spontaneously leave Japan. If an alien does not leave Japan by the
designated deadline, the foreign national will be immediately deported
from Japan
and will also face criminal penalty.
* Status of residence prescribed by law
Diplomat; Official; Professor; Artist; Religious Activities; Journalist;
Investor/Business Manager; Legal/Accounting Services; Medical Services;
Researcher; Instructor; Engineer; Specialist in Humanities/International
Services; Intra-company Transferee; Entertainer; Skilled Labor; Cultural
Activities; Temporary Visitor; College Student; Pre-college Student;
Trainee; Dependent; Designated Activities |
