Understanding the Special Provision Period When Your Status of Residence Expires While Awaiting a Permanent Residence Decision in Japan#

Applying for Permanent Resident status in Japan is a process that can often take several months, or even over a year. Consequently, a common concern for applicants is what happens if their current status of residence expires while they are still waiting for a decision. In such cases, a system known as the “Special Provision Period” comes into effect. A proper understanding of this system is crucial to avoid unintentionally overstaying your visa and falling into an illegal status.

This article provides an objective and detailed explanation of the Special Provision Period for Permanent Resident applicants, including how it works, key points to be aware of during this period, and what to do in the event of a denial.

What is the Special Provision Period?#

The Special Provision Period is a legal grace period that allows foreign nationals who have applied for a change or extension of their status of residence to legally remain in Japan while their application is being processed.

This system is based on Article 20, Paragraph 6 of the Immigration Control and Refugee Recognition Act (hereinafter “Immigration Control Act”). This provision is applied mutatis mutandis (with necessary changes) to applications for permanent residence through Article 22-2, Paragraph 3 of the same act.

Specifically, if you submit your Application for Permanent Residence before your current period of stay expires, you can legally continue to reside in Japan under your existing status of residence until whichever of the following dates comes first:

The date on which a decision (approval or denial) is made on your permanent residence application.
The date two months after the expiration date of your original period of stay.

For example, if your status of residence expires on August 31 and you have already applied for permanent residence, you can legally stay in Japan. If you receive the result on September 30, your legal stay under the special provision ends on that day. If the decision is delayed, you can still legally stay until October 31, which is two months after your original expiration date. Proof of being in this period is a stamp placed on the back of your Residence Card at the time of application, which typically reads “APPLICATION PENDING.”

Critical Points to Note During the Special Provision Period#

During this period, you are treated as if your previous status of residence is still valid. However, there are several important considerations.

Work Activities#

You are permitted to continue working within the scope of activities allowed by your previous status of residence. For instance, an individual with an “Engineer/Specialist in Humanities/International Services” status can continue their professional work. Changing jobs is also possible, but the new position must fall within the same category of activities as the previous one.

The Necessity of Applying for an Extension of Your Current Status#

A crucial aspect of the Special Provision Period is its two-month limit from your original expiration date. As the screening for permanent residence can often take much longer than two months, you risk overstaying if you rely solely on this provision.

To prevent this, you must also apply to extend your current status of residence, separately from your permanent residence application. Applications for extension of period of stay can typically be made from three months prior to the expiration date. If you anticipate that the screening for permanent residence will be lengthy, submitting this extension application is an essential step to maintain a stable and legal status in Japan.

By applying for an extension, if the two-month Special Provision Period from your permanent residence application expires, you will enter a new Special Provision Period based on your extension application. This allows you to remain legally in Japan until a decision is made on the extension.

Traveling Abroad (Special Re-entry Permit)#

The Special Re-entry Permit system remains available during the Special Provision Period. As long as you have a valid passport and Residence Card, you can leave and re-enter Japan within one year of departure (or before the Special Provision Period ends). However, you should be cautious about long trips, as there is a risk of being unable to re-enter if your permanent residence application is denied and your Special Provision Period ends while you are abroad.

What Happens if the Permanent Residence Application is Denied?#

In the unfortunate event that your application for permanent residence is denied, the Special Provision Period ends immediately upon your receipt of the notification. At this point, whether you have also applied for a regular extension of your status becomes critical.

If you also applied for an extension: While the permanent residence application was denied, the review of your extension application will continue. You will then wait for the outcome of that application. In most cases, if the extension is approved, you can continue to reside in Japan legally.
If you did not apply for an extension: Since your period of stay has already expired, you must either promptly apply for a “Designated Activities” status for the purpose of preparing for departure or leave the country. To avoid this precarious situation, concurrently applying for an extension is highly recommended.

Conclusion#

The Special Provision Period is a vital system that provides peace of mind for applicants, allowing them to continue their lives in Japan while awaiting a decision on their permanent residence application. However, it is imperative to remember its limitation: a maximum of two months from the original expiration date.

To ensure your legal status remains secure, the most reliable course of action is to apply for an extension of your current status of residence in parallel with your permanent residence application. If you have any questions or concerns about your specific situation, it is always best to seek accurate information directly from the Immigration Services Agency’s Information Center or your local immigration bureau.