On June 28, 2026, a large-scale enforcement operation took place in Osaka’s Minami district, resulting in arrests for violations of the Immigration Control and Refugee Recognition Act. Several individuals who had remained in Japan without renewing their status of residence were apprehended. This incident serves as a stark reminder of the critical importance of proper visa and residency status management.
As an immigration lawyer (gyoseishoshi) specializing in visa applications and status of residence procedures, I would like to share important information that foreign residents and companies employing foreign nationals should know.
- Overview of the Osaka Incident
- What Is Illegal Overstay?
- Why Does Illegal Overstay Happen?
- When Should You Start the Renewal Process?
- Foreign Employment Compliance for Companies
- Common Problem Scenarios
- What If Your Residence Period Has Already Expired?
- How to Obtain Reliable Information on Status of Residence
- Benefits of Consulting an Immigration Specialist
- Conclusion: Advance Preparation and Early Consultation Are Key
Overview of the Osaka Incident
According to reports, Osaka Prefectural Police arrested eight Vietnamese nationals, aged 21 to 33, on suspicion of violating the Immigration Control Act (illegal overstay). The suspects allegedly remained in Japan without renewing their status of residence.
During the search operation, approximately 170 people were present in the building, the majority of whom were Vietnamese nationals. This case demonstrates how crucial proper residency status management is, and that “I didn’t know” is not an acceptable excuse under the law.
What Is Illegal Overstay?
Illegal overstay occurs when a person continues to stay in Japan after their status of residence has expired. Under Article 70 of the Immigration Control and Refugee Recognition Act, those who illegally overstay may face imprisonment for up to three years, a fine of up to 3 million yen, or both.
Furthermore, illegal overstay results in:
1. Deportation
Immigration authorities will forcibly remove the individual from Japan.
2. Landing Refusal Period
After deportation, the person will be prohibited from re-entering Japan for a certain period (typically one year; in serious cases, five to ten years).
3. Severe Difficulty in Future Visa Applications
A record of illegal overstay remains permanently and creates significant obstacles for any future visa applications to Japan.
4. Potential Impact on Family Members
The residency status of spouses and children may also be adversely affected.
Why Does Illegal Overstay Happen?
Based on consultations I have handled, illegal overstay typically occurs due to the following reasons:
1. Procrastination of Renewal Procedures
Thinking “I still have time” and delaying the process until the deadline passes. This is particularly common among busy working professionals.
2. Giving Up Due to Complexity
Finding the documentation requirements overwhelming and postponing the application, thinking “it looks difficult, I’ll do it later.”
3. Failure to Respond to Life Changes
Not realizing that changes such as job transfers, divorce, or company bankruptcy require status of residence modifications, resulting in illegal overstay.
4. Cost Concerns
Reluctance to pay application fees or consultation fees with immigration specialists, leading to neglect of necessary procedures.
5. Lack of Information and Language Barriers
Insufficient Japanese language ability preventing access to accurate information, resulting in missed deadlines.
When Should You Start the Renewal Process?
The answer is: three months before expiration.
Renewal applications can be submitted starting three months before your status of residence expires. I strongly recommend beginning the process at this three-month mark.
Ideal Renewal Application Timeline
Three months before expiration:
- List required documents
- Begin collecting documentation
- Consult with a specialist if needed
Two months before expiration:
- Complete document preparation
- Prepare application forms
1.5 to 1 month before expiration:
- Submit application to immigration office
Before expiration:
- Receive examination results
- Obtain new residence card
Examination typically takes two weeks to one month, but may take longer during busy periods or if additional documentation is requested. Adequate preparation time is essential.
Foreign Employment Compliance for Companies
For companies employing foreign nationals, status of residence management is a legal obligation and a critical component of corporate compliance.
Crime of Promoting Illegal Employment
Under Article 73-2 of the Immigration Control Act, employers who hire illegal workers may face “imprisonment for up to three years or a fine of up to 3 million yen.”
“I didn’t know” is not a valid defense. Companies have a legal duty to verify status of residence.
Key Points for Corporate Status of Residence Management
1. Verification at Hiring
- Verify original residence card (front and back)
- Confirm that status of residence matches job duties
- Check for work restrictions
- Verify period of stay
- Retain copies of residence card
2. Regular Monitoring
- Maintain a master list of all foreign employees’ residence periods
- Set alerts three months before expiration
- Track renewal application progress
3. Response to Life Changes
- Verify need for status change upon job transfer or relocation
- Establish reporting procedures for marriage or divorce
- Assess impact of organizational changes within the company
4. Record Retention
- Report employment status to Hello Work (mandatory)
- Retain copies of residence cards
- Maintain records of renewal procedures
5. Internal Training
- Regular training for HR staff
- Information sessions for foreign employees on status of residence
- Establish emergency contact systems
Benefits of Utilizing Immigration Specialists
While many companies assign status of residence management to their HR departments, immigration law is complex and frequently revised. Utilizing specialists (gyoseishoshi/immigration lawyers) provides:
- Rapid response to legal amendments
- Accurate preparation of application documents
- Minimization of denial risks
- Reduction of HR workload
- Swift response to problems when they arise
Common Problem Scenarios
Case 1: Failure to Change Status When Changing Jobs
Situation:
A person with “Engineer/Specialist in Humanities/International Services” status working at an IT company changed jobs to a restaurant without changing their status of residence.
Issue:
When the status of residence category does not match actual work duties, it may constitute illegal employment.
Proper Response:
Before changing jobs, always verify whether a status change is required and submit a change application if necessary.
Case 2: Divorce from Japanese Spouse
Situation:
A person with “Spouse or Child of Japanese National” status divorced but continued staying in Japan without taking any action.
Issue:
When the spousal relationship terminates, the basis for the status of residence is lost. Notification to immigration authorities within six months and application for status change is required.
Proper Response:
Report to immigration authorities within 14 days of divorce and consider applying for a different status of residence.
Case 3: International Student Working Overtime
Situation:
An international student with permission to engage in activity other than that permitted (28 hours per week) actually worked 40 hours per week.
Issue:
Working beyond permitted hours constitutes illegal employment and can result in status revocation or renewal denial.
Proper Response:
Always work within permitted hours. If overtime appears unavoidable, consult in advance.
What If Your Residence Period Has Already Expired?
Even if your residence period has expired, prompt action may improve the situation.
1. Consult a Specialist Immediately
Do not attempt to self-diagnose. Immediately consult an immigration lawyer (gyoseishoshi) or attorney. Depending on circumstances, remedial measures may be available.
2. Voluntary Appearance at Immigration Office
Following specialist advice, appear at the immigration office as soon as possible to explain your situation. Voluntary appearance may be considered favorably in your case.
3. Possibility of Special Permission to Stay
Special permission to stay may be granted in cases such as:
- Spouse or child of a Japanese national or permanent resident
- Born and raised in Japan with weak ties to home country
- Circumstances requiring humanitarian consideration
However, special permission to stay is at the discretion of the Minister of Justice and is not guaranteed.
How to Obtain Reliable Information on Status of Residence
The internet contains abundant information about status of residence, but some is outdated or inaccurate.
Reliable Sources
1. Immigration Services Agency Official Website
Contains the latest legal amendments and detailed application procedures.
2. Regional Immigration Offices
Direct inquiries provide information tailored to individual situations.
3. Specialists (Gyoseishoshi/Attorneys)
Receive specific advice based on individual circumstances.
Caution Regarding Social Media and Word-of-Mouth
While information from friends or social media experiences can be helpful, status of residence decisions vary based on individual circumstances. What was approved for someone else may not apply to you.
Always base your decisions on official information and specialist advice.
Benefits of Consulting an Immigration Specialist
While it is possible to handle status of residence procedures yourself, consulting a specialist offers many advantages.
1. Time and Effort Savings
Specialists handle complex document preparation and information gathering, allowing you to focus on work and life.
2. Improved Approval Rates
Proper document preparation and explanation maximize the likelihood of approval.
3. Up-to-Date Information
Specialists immediately respond to legal amendments and operational changes.
4. Problem Resolution
Specialists support reapplication and appeals in case of denial.
5. Peace of Mind
Professional support reduces anxiety and stress.
Conclusion: Advance Preparation and Early Consultation Are Key
The Osaka incident serves as a reminder of the critical importance of status of residence management.
For Foreign Residents:
- Always be aware of your residence period expiration date
- Begin renewal preparations three months before expiration
- Verify impact on status when life circumstances change
- Consult specialists early if you have concerns
For Companies:
- Managing foreign employees’ status of residence is a legal obligation
- Establish regular verification and monitoring systems
- Implement risk management through specialist partnerships
- Conduct internal training programs
Ignorance of status of residence requirements is not a defense. However, with proper knowledge and timely action, problems can be prevented.
We immigration specialists are fully committed to supporting your secure life and work in Japan. Please feel free to consult us with any questions, no matter how small.
Source: https://news.yahoo.co.jp/articles/d1c6be618f8fbe9c68015a34883c0af0e4b9c784
