# Overstaying in Japan: penalties, re-entry bans and what to do

URL: https://japanhow.com/visa/visas/overstay-japan-consequences/
Author: JapanHow editors
Updated: Oct 27, 2026

## Summary

As of October 2026, overstaying in Japan is a crime under Article 70 of the immigration act, punishable by up to 3 years in prison, a fine of up to ¥3 million, or both. It is also grounds for deportation, which means a re-entry ban of 5 years, or 10 years if you were deported or ordered out before. If you qualify for a departure order (出国命令), the ban is 1 year and you are not detained. Staying needs special permission (在留特別許可), which is discretionary.

## Key facts

- Criminal penalty: Up to 3 years or ¥3 million
- Ban after deportation: 5 years (10 if repeat)
- Ban after departure order: 1 year
- Departure deadline: Up to 15 days

If you overstay in Japan, you break the immigration act: staying past your period of stay (在留期間) without a renewal or change is punishable by **up to 3 years in prison, a fine of up to ¥3 million, or both**. It is also grounds for deportation, which carries a re-entry ban of **5 years** (10 if you were removed before). A **departure order** (出国命令) cuts the ban to **1 year**. This is the position as of October 2026, from the Immigration Services Agency (出入国在留管理庁, ISA) and the Act.

**This is information, not advice on your case:** Overstay cases turn on details. If you have overstayed or may soon, talk to the immigration bureau or a licensed immigration and administrative specialist (行政書士) before you decide anything.

## What counts as overstaying in Japan?

You overstay when you remain in Japan after your period of stay ends, without having obtained a renewal or change.

One point confuses many people. If you applied for renewal or change **before** your period of stay ended and there is no decision yet, ISA lets you stay on your current status until the decision or until **2 months after the expiry date**, whichever is earlier. After that you would be overstaying. See our [visa renewal guide](/visa/visas/visa-renewal-japan/) and [change of status guide](/visa/visas/change-of-status-of-residence-japan/).

## What is the penalty for overstaying in Japan?

Article 70 of the immigration act sets the criminal penalty: up to **3 years of imprisonment (拘禁刑)**, a **fine of up to ¥3 million**, or both. Staying past a departure order deadline is covered by the same article.

Separately, overstaying is a ground for deportation (退去強制). In the deportation process, ISA describes an investigation, an examination and an oral hearing. Once a deportation decision is final, you are sent to your country of nationality. ISA says detention lasts only until removal is possible, and that supervised release (監理措置) or provisional release (仮放免) exist as alternatives in some cases.

ISA's pages do not say what penalty a court gives in a given case, so we do not guess.

## How long is the re-entry ban after overstaying?

| How you leave | Re-entry ban |
|---|---|
| Deported (first time) | 5 years from the deportation date |
| Deported, and deported or left on a departure order before | 10 years from the deportation date |
| Left on a departure order | 1 year from the departure date (5 years if you only stated intent to leave after the investigation began and later enter on a short-term stay) |
| Deported, then granted a shortened ban and left at your own expense | 1 year (but 5 years if you try to enter as a short-term visitor) |
| Sentenced to 1 year or more in prison, or a drug conviction | No fixed period: you cannot enter |

Sources: ISA Q&A and Article 5 of the Act.

A shortened ban is not automatic. ISA says it weighs your conduct and the reasons for deportation, and you need a Certificate of Eligibility to return. See our [Certificate of Eligibility guide](/visa/visas/certificate-of-eligibility-japan/).

## What is a departure order, and who can get one?

A departure order lets an overstayer leave without being detained, by a simpler procedure than deportation. The ban is 1 year instead of 5. You must meet **all five** conditions:

1. You turned yourself in at an immigration office before the violation investigation began, intending to leave promptly. Or you told an officer you want to leave promptly after the investigation began but before the deportation finding notice.
2. Overstaying is your only deportation ground.
3. You have not been sentenced to prison for certain crimes, such as theft.
4. You have never been deported or left on a departure order.
5. It is reasonably certain you will leave promptly.

ISA says a forged passport makes you ineligible, and a past departure order does too, even after that ban ends. If you were caught while overstaying, you may still qualify under the second route in condition 1.

**Departure deadline:** Up to 15 days (The Chief Inspector sets a deadline of no more than 15 days and may attach conditions on where you live and move. Working when work is prohibited can get the order revoked. Staying past the deadline makes you subject to deportation and criminal penalties.)

## How do you turn yourself in for a departure order?

Surrendering does not erase the overstay. ISA says your status stays unlawful unless the Minister grants special permission, and work is generally not allowed in the meantime.

## Can you stay in Japan after overstaying?

Only through special permission to stay (在留特別許可). You ask for it during deportation proceedings, and the Minister of Justice decides. ISA calls it exceptional and discretionary, weighed case by case, with positive factors needing to clearly outweigh negative ones. It may be refused, and ISA cannot give a timeline.

ISA's guideline lists positive factors such as coming forward voluntarily, raising a child who attends a Japanese elementary or junior high school after a considerable time in Japan, and a long, settled stay. Marriage to a Japanese national or having children in Japan counts in your favor, but ISA says it does not guarantee permission. If it is granted, you can live in Japan as a regular resident.

Coming forward also matters if you want to go home but do not qualify for a departure order. ISA says you can still appear voluntarily and may proceed without detention under supervised release. Because the outcome is so case-specific, a 行政書士 or lawyer is worth asking before you go to the bureau.

## What should foreign residents do now?

- Check the expiry date on your residence card today, and apply for renewal in time. Our [visa renewal guide](/visa/visas/visa-renewal-japan/) covers when.
- If you cannot return before your permit ends after a trip abroad, see our [re-entry permit guide](/visa/visas/re-entry-permit-japan/).
- If you have already overstayed, contact the immigration bureau or a 行政書士. ISA's information center is 0570-013904 (from abroad 03-5796-7112).

More guides: [visa renewal](/visa/visas/visa-renewal-japan/), [change of status of residence](/visa/visas/change-of-status-of-residence-japan/), [spouse visa](/visa/visas/spouse-visa-japan/), [leaving Japan checklist](/visa/leaving/leaving-japan-checklist/).

## Questions people ask

### What happens if you overstay in Japan?

Overstaying is an offense under Article 70 of the immigration act (up to 3 years, a fine of up to ¥3 million, or both) and grounds for deportation. Deportation means being sent back to your country of nationality, with a re-entry ban of at least 5 years.

### How long is the re-entry ban after overstaying?

ISA gives 5 years after deportation, 10 years if you were deported or left on a departure order before, and 1 year after a departure order. A prison sentence of 1 year or more means no fixed period.

### What is a departure order in Japan?

A departure order (出国命令) lets an eligible overstayer leave without detention, by a set deadline of up to 15 days. You must meet five conditions, including turning yourself in before any investigation starts.

### Can I stay in Japan after overstaying?

Only with special permission to stay (在留特別許可) from the Minister of Justice. ISA calls it exceptional and decided case by case, so it can be refused.

### Am I overstaying if my renewal is still being processed?

Not if you applied before your period of stay expired. ISA lets you stay until the decision or 2 months after expiry, whichever is earlier.

## Sources

- [退去強制手続・出国命令制度・上陸拒否期間の短縮決定Q&A](https://www.moj.go.jp/isa/deportation/guide/tetuduki_taikyo_qa.html), Immigration Services Agency of Japan (accessed Oct 27, 2026)
- [Departure Order (出国命令)](https://www.moj.go.jp/isa/deportation/procedures/tetuduki_taikyo_syutukoku_00001.html?lang=en), Immigration Services Agency of Japan (accessed Oct 27, 2026)
- [退去強制手続と出国命令制度](https://www.moj.go.jp/isa/deportation/resources/nyukan_nyukan87.html), Immigration Services Agency of Japan (accessed Oct 27, 2026)
- [退去強制手続 (Deportation procedures)](https://www.moj.go.jp/isa/deportation/index.html?lang=en), Immigration Services Agency of Japan (accessed Oct 27, 2026)
- [出入国管理及び難民認定法 (Articles 5, 24-3 and 70)](https://laws.e-gov.go.jp/law/326CO0000000319), e-Gov (Digital Agency) (accessed Oct 27, 2026)
- [特例期間 (stay while an application is pending)](https://www.moj.go.jp/isa/applications/procedures/tokureikikan_00001.html), Immigration Services Agency of Japan (accessed Oct 27, 2026)