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

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.

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 and change of status guide.

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?

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.

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.

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 covers when.
• If you cannot return before your permit ends after a trip abroad, see our re-entry permit guide.
• 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, change of status of residence, spouse visa, leaving Japan checklist.