Foreign nationals residing in Japan have a “period of stay (expiry date)” stated on their residence card. To continue staying in Japan under the same status of residence, you must file an application for permission for extension of period of stay by the expiry date and obtain permission (Article 21 of the Immigration Control and Refugee Recognition Act (hereinafter the “Immigration Control Act”)).
“From when can I apply?” and “What happens if my deadline comes during examination?” are questions we receive from many people every year. This article sets out the basic timing rules for extensions.
Sources: Immigration Services Agency of Japan, “Application for Permission for Extension of Period of Stay”; e-Gov Law Search, “Immigration Control and Refugee Recognition Act,” Articles 20, 21, 24, and 70
From when can you apply?
| Period of stay | When you can apply |
|---|---|
| 6 months or more | From 3 months before the period of stay expires until the expiry date |
| Less than 6 months | Until the expiry date of the period of stay |
Point: The application deadline is “the expiry date.” Even if the expiry date falls on a weekend or public holiday, apply with plenty of time to spare so that you make it on a day the counter is open.
Cases where you can apply more than 3 months in advance
It is stated that where genuinely unavoidable special circumstances are recognized, applications may be accepted more than 3 months in advance. The Immigration Services Agency gives examples such as the following.
- Going abroad to study
- Making a long-term overseas business trip or taking up an overseas assignment under a work order
- Being pregnant with the expected time of childbirth overlapping the application period, or returning to your home country to give birth
- Being hospitalized for medical treatment, or planning to be hospitalized in your home country
- Family members applying at the same time
- Needing 6 months or more remaining on your period of stay in Japan in order to obtain a foreign visa
In such cases, applicants are advised to contact the Regional Immigration Services Bureau where they will apply in advance, with the necessary materials.
The “special period”: you can remain even if your period of stay expires during examination
Examination of an extension takes time. The standard processing period indicated by the Immigration Services Agency is 2 weeks to 1 month, but it may take longer depending on the time of year and the content of the application.
If you applied by the expiry date, even if your period of stay expires during examination, you can continue to reside under the same status of residence until whichever of the following comes earlier (Article 21, paragraph 4 and Article 20, paragraph 6 of the Immigration Control Act).
- The time a decision (permission or denial) is made on the application
- The end of the day on which 2 months have passed from the expiry date of the previous period of stay
This period is commonly called the “special period.” If you apply at the counter, a note that an application is pending is entered on the back of your residence card.
Note: The special period does not apply to persons who have been granted a period of stay of 30 days or less. Also, if you leave Japan during the special period, watch the re-entry deadline (please see Re-entry Permit vs. Special Re-entry Permit).
If your deadline has passed
If you remain in Japan beyond your period of stay without applying for an extension, you become an overstayer (illegal stay).
| Consequence | Legal basis |
|---|---|
| Subject to deportation | Article 24, item 4 (b) of the Immigration Control Act |
| Subject to imprisonment for not more than 3 years or a fine of not more than 3 million yen, or both | Article 70, paragraph 1, item 5 of the Immigration Control Act |
Note: There is no such thing as “one day is probably fine.” If you notice that your deadline has passed, please consult a specialist or the Regional Immigration Services Bureau that same day. The procedures available to you vary depending on your circumstances.
What matters in preparing for an extension
- Keep track of the expiry date Make sure both you and your company know the expiry date on your residence card. Family members may each have different expiry dates.
- Gather documents from 3 months before Some documents, such as resident tax assessment and payment certificates and certificates of employment, take days to obtain.
- Organize what has changed since last time Job changes, changes in income, changes in your family, and unpaid taxes or social insurance premiums affect the examination. If there have been changes, prepare materials to explain them.
- Check the fee From October 1, Reiwa 8, the extension fee has been revised to an amount that depends on the period of stay granted (please see Residence Procedure Fees Revised from October 1, Reiwa 8).
- Consider online applications too Applications for permission for extension of period of stay can also be made online.
Summary
- If your period of stay is 6 months or more, you can apply for an extension from 3 months before it expires.
- If you apply by the expiry date, you can remain even during examination until the decision is made or 2 months have passed from the expiry date, whichever is earlier (the special period).
- Once the deadline passes, you become an overstayer and are subject to deportation and criminal penalties.
- The standard processing period is 2 weeks to 1 month. We recommend preparing early.
We explain points to watch when extending an Engineer/Specialist in Humanities/International Services visa in Checklist to Avoid Denial When Renewing Your Engineer Visa, and extending a Dependent visa in Extending a Dependent Visa.
Our Support
An extension of period of stay is not necessarily finished just by submitting the same documents as last time. If you have changed jobs or had a change in income, or were granted a short period of stay at your last extension, please consult us early. A gyoseishoshi lawyer registered as a filing agent will handle everything on your behalf, from preparing the documents to filing the application.
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