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中野国際法務綜合事務所
〒530-0041   大阪市北区天満橋2-5-25 若杉グランドビル本館11階
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VISA Q and A on FM COCOLO 76.5 MHz
Forgot to get an extension on your visa?
 On Aired Data: March 6, 2001
Summary of
the Aired
Program
Client:
Male foreigner who has been living in Japan for 11 years. For the first 4 years, he was staying under the student visa, and after then he has been working as an interpreter for a company.


Case:He completely forgot about the extension for his visa, and recently it has expired. For the past year he was caught up with many things, such as his second child was born, and his wife became ill so he had to look after her. He would like to know what to do now.



The most important piece of information that we need would be how long he has overstayed. Even one day after the expiry of your visa would be illegally overstaying. But if it is judged that the term is short, and it was not on purpose, your application for the extension after the expiry of the visa may be accepted. Keep in mind that it is not clearly stated in the law, but it does occur sometimes. It is called “Special Acceptance” or “Tokubetsu Jyuri”.

Then how long is considered a “short term of overstaying”? Since it is not stated clearly in the law it is hard to say. But as far as Mr. Nakano knows, the longest period that was accepted was 70 days after the expiry of the visa. To give you a brief outline of the details of this case, she was a Chinese female, staying under the spouse visa. She was pregnant, and also her husbands business was not running well, and also she was in and out of the country as an interpreter. This way of living was too much for her pregnancy, and she almost had a miscarriage, which was also the time her visa expired. There may be different opinions to whether 70 days should be considered a long period of time, or short period of time, but in this case the immigrations assumed that she did not overstay on purpose, and that she had special reasons as to why she could not apply for an extension earlier.

So in our client’s case they may be as well granted the extension if they appeal that with his mother’s death, and wife being ill, he was going through rough times and could not visit the immigrations in time. If it weren’t for these rough times, he would have visited the immigrations in time, just as he has for the past 11 years of his stay in Japan.

He should bring along evidence too. A copy of the family registration that states that his child was recently born, and any documents to prove that his wife was ill and was under medical treatment, and documents to prove the death of his mother.