The criminal process and the visa status are two distinct processes and they will be separately processed by different authorities. However, there are cases where the outcome of the criminal procedure takes effect on the visa status. In this article, we will explain how and when it affects and how to prevent it.
When and how a criminal procedure affects your visa status?
The criminal procedure is to determine if the accused has committed the crime or not, and it involves the police, the prosecutors, the courts, and the defense attorney. None of them makes a decision on your visa status.
The visa status is determined by the immigration office. The immigration doesn’t decide on your criminal case.
Those two processes may interconnect in the following three cases.
1. When the period of stay expires during detention
Every visa has a certain duration, the expiry of which makes it no longer valid. That means, that the holder cannot stay using the visa anymore. Thus, one has to visit the nearest immigration office for its renewal before expiration if they want to stay further. In some cases, visa expiration date falls during the detention of its holder. (The detention continues for up to 23 days if arrested, and it may continue for months if they are prosecuted – the detailed illustration is here.) This mostly happens when the arrestee stays with the “short stay” visa. Once the visa expires, the holder’s stay becomes illegal, no matter if the holder has been arrested, and this alone may lead to deportation. To avoid this, the visa holder has to have their visa renewed.
In principle, the visa holder has to visit the immigration for visa renewal in person. They can also use an agent with the qualification required for visa renewal in exchange of certain payment. If you want relevant information and resources, visit here★.
In case your visa has expired, you still have a chance for its renewal by applying for special admission, so don’t give up.
2. When a conviction triggers deportation/refusal to land
Deportation
There are some crimes that the law stipulates – a conviction automatically triggers deportation. If one is convicted with a crime that falls within the category, they will be transferred to the immigration at the end of the criminal process.
- In case of imprisonment: One will first spend their time in prison, and after that, they will be transferred to immigration for deportation.
- In case of imprisonment with suspension: One will be released upon receiving sentence, however, they are going to be recaptured for deportation by the immigration. The timing of the capture depends on the crime, but it will be before long.
What is “imprisonment with suspension”? See this page to find out.
Refusal to Land
A conviction of a certain crime or deportation is stipulated as a ground for refusal to land to Japan for a certain period of time. Thus, if one is convicted or deported, they won’t be able to land in Japan again for a stipulated time.
The stiplated times are the following:
- Person who has been convicted for a crime for imprisonment for more than one year: Forever
- Person who has been deported from Japan for more than twice: 10 years
- Person who has been deported from Japan for once: 5 years
- Person who has been given departure order and departed from Japan: 1 year
3. In case the arrestee doesn’t have a valid visa
Regardless of the outcome of the criminal process, when someone staying without a valid visa is arrested, they will be captured by the immigration for deportation at the end of their criminal procedure.
How to prevent deportation
Request for special stay [在特]
A special petition can be filed if one is facing deportation and wants to stay, the permission of which can be granted only under reasonable grounds. Although, the approval rate is not very high. Having a lawyer will help for a better chance. The petition for permission of stay is a separate case from the criminal case, so this is not within the criminal lawyer’s obligation.
If a person filing the petition has been convicted, the chances are slim. The following facts will increase the possibility of a better outcome.
- Good conduct during imprisonment
- Having family members who have close ties with or needs to stay in Japan
Conclusion
In conclusion, it is important to understand the interconnection between criminal procedures and visa status in Japan. The criminal process determines the guilt or innocence of the accused, while the visa status is determined by the immigration office. However, in certain cases, the outcome of the criminal procedure can affect the visa status. To prevent deportation, one can file a special petition for stay if they face deportation and want to continue staying in Japan. The chances of approval are higher if the petitioner has good conduct during imprisonment and has close family ties with Japan. It is advisable to seek legal advice from a qualified lawyer to better understand the process and increase the chances of a favorable outcome.
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