[Blog]Suspended Sentences and Immigration Status in Japan: A Gentle Guide to Deportation, Entry Refusal, and Recent Policy Signals

2026-02-03

(Introduction) This article is written for foreign nationals who have received a criminal conviction with a suspended sentence, as well as their families and employers, to help explain what this situation may mean under Japan’s immigration system. It offers general information only. Actual outcomes depend on individual circumstances such as the offense, sentence, visa status, family ties, and length of residence, and professional advice should be sought for specific cases.

1. What does a “conviction with a suspended sentence” mean?

A suspended sentence means that a criminal conviction has become final, but the execution of the sentence is postponed for a fixed period. In everyday terms, this is often understood as “not going to prison,” but legally, the person has still been found guilty and sentenced. This distinction is very important in immigration law, because immigration authorities focus on whether a person has been “sentenced,” not on whether the sentence was actually served.

2. Deportation grounds: when the person is already in Japan

Deportation procedures apply to foreign nationals who are already living in Japan. Even if someone has been convicted of a crime, deportation does not automatically follow. Immigration authorities conduct their own administrative process, separate from the criminal court proceedings.

In practice, this process allows room to consider personal circumstances such as length of stay in Japan, family members living in Japan, employment history, degree of remorse, rehabilitation efforts, and the difficulty of returning to the home country. While a suspended sentence can still fall within deportation grounds depending on the offense and sentence, there may be cases where discretionary relief, such as special permission to stay, is considered. This does not guarantee continued residence, but it means the decision is not purely mechanical.

3. Entry refusal grounds: at the border or on re-entry

Entry refusal applies to people who are trying to enter Japan or re-enter after leaving the country. This is often described as an “at the door” decision. Compared with deportation, entry refusal tends to be more formal and strict, with less room for individual circumstances.

Even when a sentence was suspended, a past conviction may still be treated as a reason to deny entry. This creates a situation where someone who remains in Japan may still have legal options to argue their case, but once they leave the country, returning can become extremely difficult. Understanding this difference is crucial before making decisions about travel.

4. A simple way to understand the difference

The key difference can be summarized like this: deportation asks how to treat a person’s existing life in Japan, while entry refusal asks whether to allow a person to enter Japan at all. The former may involve a broader, more flexible assessment, while the latter often draws a firm line at the border. This imbalance is one of the reasons suspended-sentence cases can feel especially confusing and stressful.

5. What the January 20, 2026 Yomiuri article suggests

An article published by the Yomiuri Shimbun on January 20, 2026 (link) reports that the Japanese government is reviewing its overall foreign resident policy, including the possible expansion of crimes that may lead to deportation. The policy discussion reflects growing concern about public safety and fairness, and aims to make removals easier in certain cases.

If these policy directions are implemented, cases that were previously treated with some caution—such as convictions with suspended sentences—may face stricter scrutiny. Discretionary measures like special permission to stay could also be applied more conservatively, depending on how the new guidelines are shaped and enforced.

6. Points to keep in mind for individuals and employers

After a suspended sentence, it is important to remember that the criminal case may be over, but immigration issues may continue. Leaving Japan without first understanding the re-entry risks can have serious consequences. Preparing clear records of rehabilitation, stable living conditions, family responsibilities, and future plans can be meaningful in immigration assessments.

For employers, it is helpful to approach these situations calmly and proactively, considering not only legal compliance but also workforce continuity and support structures, rather than leaving everything to the individual employee.

7. Closing thoughts

Under current law, convictions with suspended sentences affect deportation and entry refusal in different ways. With ongoing policy discussions and possible reforms, uncertainty is understandable. What matters most is early awareness, careful preparation, and step-by-step confirmation of one’s situation. We hope this article serves as a quiet guide to help readers navigate a complex and sensitive area of immigration law.