Illegal Stay
Japan Immigration
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About "Illegal Stay"
Overstay, or illegal stay, refers to cases where a foreign national remains in Japan beyond the period of stay permitted under their valid visa or residence status. For example, this occurs when a person enters Japan on a tourist visa but does not leave after the permitted stay expires, or when someone with a work visa continues to stay and work without renewing it after it has expired. In Japan, this is considered a violation of the Immigration Control and Refugee Recognition Act and is commonly referred to as “overstaying.”
If a person is found to be overstaying, they are generally subject to deportation (removal order) and must leave Japan. In addition, those who are deported or forced to leave the country may be prohibited from re-entering Japan for a certain period of time. Employers who knowingly hire or continue to employ overstayers may also face legal penalties.
However, in some cases, the government may grant a Special Permission to Stay. This is considered on humanitarian or special grounds—for instance, if the individual has a Japanese spouse or children, or if other exceptional circumstances apply. Thus, while overstaying is strictly regulated and penalized in principle, there remains some flexibility for case-by-case consideration.