Introduction

This article explains whether a foreign national with an overstay history in Japan can apply for the status of residence “Long-Term Resident” and what kind of preparation is important.
Even if you have previously overstayed, there may still be a possibility to obtain a status of residence such as “Long-Term Resident,” depending on your individual circumstances, but the examination will be stricter than usual.

What is overstay (unlawful overstay)?

In Japan, “overstay” means remaining in the country beyond the authorized period of stay written on your residence card or passport, and it constitutes “unlawful overstay” under the Immigration Control and Refugee Recognition Act.
As a rule, a person who overstays is subject to deportation procedures and removal from Japan, and after deportation an entry ban period will be imposed during which he or she cannot land in Japan.

According to the Immigration Services Agency of Japan, a foreign national who is unlawfully staying (overstaying) is, in principle, subject to deportation from Japan.
However, in some cases, taking into account humanitarian reasons such as family ties with Japanese nationals, the Minister of Justice may grant “Special Permission to Stay,” which allows the person to remain in Japan legally.

What is the status of residence “Long-Term Resident”?

The status of residence “Long-Term Resident” is listed in Appendix 2 of the Immigration Control Act and is granted to a foreign national “whom the Minister of Justice considers it necessary to allow to reside in Japan for a certain period in light of special reasons.”
On the official website of the Immigration Services Agency of Japan, examples such as third-country resettled refugees, third-generation Japanese descendants and remaining Japanese in China are mentioned as typical cases, and the status is characterized as a residence status based on individual circumstances and humanitarian considerations.

Unlike ordinary work-related statuses of residence, “Long-Term Resident” often allows activities that are not restricted to a specific type of job, and it can be an important option for foreign nationals who wish to live stably with their families in Japan.
On the other hand, it is not a status that is automatically granted simply by meeting formal requirements; the immigration authority carefully examines family relationships, actual living conditions and financial situations.

Is it possible to obtain “Long-Term Resident” with an overstay history?

1 Impact of an overstay history on examination

If you have an overstay history, immigration officers will examine your “good conduct” and “stability of residence” more strictly.
The overstay itself is a negative factor, but the authority will comprehensively evaluate your current attitude toward obeying the law, your living situation in Japan, your family relationships and your tax and social insurance records.

The existence and timing of a deportation order or previous removal from Japan and the completion of the entry ban period are also important factors when you wish to re-enter or stay in Japan.

2 Relationship between Special Permission to Stay and Long-Term Resident

When you are already overstaying in Japan, the first issue is whether you must leave Japan immediately or whether there is a possibility to continue living in Japan legally.
In such situations, “Special Permission to Stay” plays a key role. If the Minister of Justice grants this permission, an appropriate status of residence such as “Spouse or Child of Japanese National,” “Spouse or Child of Permanent Resident” or “Long-Term Resident” may be given, depending on your case.

The Immigration Services Agency has published guidelines on Special Permission to Stay, which state that factors such as family situation, length of stay and actual living conditions will be taken into account.
However, the specific type of status of residence to be granted, including “Long-Term Resident,” is determined individually based on the totality of circumstances, and there is no guarantee in advance that “Long-Term Resident” will be granted.

Key points to improve the chance of approval

1 Explanation of family and support relationships

For “Long-Term Resident,” humanitarian considerations, family ties and the need for support are important elements in the examination.
You should carefully explain and prove factors such as: cohabitation with your spouse or child, the degree and duration of economic support and your future plan to live together in Japan.

Official documents such as family registers, residence records, marriage certificates and remittance records will be used to support these explanations.

2 Stable livelihood, tax and social insurance

Immigration officers also pay close attention to whether the applicant can maintain a stable livelihood and fulfill public obligations.
In particular, stable income, proper payment of resident tax and income tax and appropriate enrollment and payment of health insurance and pension premiums are often viewed as essential.

Recent practice shows that unpaid taxes or social insurance premiums can be a serious negative factor in the examination, so it is advisable to clear any arrears and obtain tax payment certificates before filing an application.

3 Reflection on past violations and prevention of recurrence

If you have an overstay history, it is important to clearly explain why the unlawful overstay occurred and how you have reflected on it and changed your lifestyle since then.
The guidelines on Special Permission to Stay mention the seriousness of the violation, the applicant’s subsequent behavior and the presence or absence of remorse as factors to be considered, so you should show concrete facts demonstrating your current commitment to complying with Japanese laws.

Fictional case example for understanding

Imagine a foreign national who has overstayed a short-term stay, later married a Japanese citizen and had a child with Japanese nationality, and has been living together with the family in Japan for many years.
If this person reports to the immigration office, the authority will consider the family situation, the length and stability of life in Japan and the payment status of taxes, and then decide whether to grant Special Permission to Stay.

In such a case, the final decision may be to grant a status of residence such as “Spouse or Child of Japanese National” or “Long-Term Resident,” but the result always depends on the individual circumstances.
Even if the family structure appears similar to another case, the outcome may differ due to factors such as the length of overstay, criminal records and financial situation.

Conclusion

• Overstay (unlawful overstay) is a violation of the Immigration Control Act and generally leads to deportation, but if “Special Permission to Stay” is granted, the person may continue to stay in Japan legally.
• “Long-Term Resident” is a status of residence granted by the Minister of Justice in light of special reasons, and the authority carefully examines humanitarian factors, family relationships and actual living conditions.
• Even with an overstay history, if you can properly explain your family ties, stable livelihood, tax and social insurance records and sincere reflection on past violations, the possibility of obtaining a status of residence such as “Long-Term Resident” may be considered.

Because each case is highly fact-specific and immigration law and practice may change, it is important to check the latest information provided by the Immigration Services Agency of Japan and seek professional advice when necessary.