Quick Answer
If your visa expires and you remain in Japan, you are in "overstay" status — an immigration violation. However, voluntarily reporting to ISA can significantly reduce consequences: voluntary departure results in a 1-year re-entry ban versus 5 years for deportation. Seek professional help immediately.
🚨 IMPORTANT: Consult a Professional Immediately
If you are currently in overstay, contact an immigration lawyer or licensed gyoseishoshi as soon as possible. You can also visit FRESC (Foreign Residents Support Center) in Shinjuku for free, confidential consultation. Do not ignore the situation — acting quickly gives you more options.
Overstay Consequences by Duration
| Duration of Overstay | Consequence | Re-Entry Ban |
|---|---|---|
| Pending renewal application | Not overstay — protected for up to 2 months | None |
| Days to weeks | Voluntary departure possible | 1 year (voluntary) |
| Weeks to months | Voluntary departure still possible if you report | 1 year (voluntary) |
| Months to years | Deportation proceeding likely | 5 years (deportation) |
| Repeat overstay | Deportation with enhanced ban | 10 years |
Voluntary Departure vs Deportation
| Factor | Voluntary Departure (出国命令) | Deportation (退去強制) |
|---|---|---|
| How it starts | You report to ISA voluntarily | Caught by police/ISA |
| Detention | Usually not detained | May be detained |
| Re-entry ban | 1 year | 5 years (10 for repeat) |
| Criminal record | No criminal charge | May face criminal charges |
| Future visa applications | Possible after ban period | More difficult; extensive scrutiny |
Special Protection (在留特別許可)
In exceptional cases, the Minister of Justice may grant "Special Permission to Stay" even to those in overstay. This is rare and discretionary, but may apply if you:
- Are married to a Japanese national and have children
- Have lived in Japan for a very long time with deep ties
- Cannot return to your home country for humanitarian reasons
ℹ️ Where to Get Help
FRESC: Yotsuya, Shinjuku — free multilingual consultation
Legal Aid Japan (法テラス): Free legal consultation for low-income individuals
Immigration hotline: 0570-013904 (multilingual, Mon-Fri 8:30-17:15)
⚠️ Legal Notice
This is not legal advice. Please consult a licensed immigration consultant (行政書士 / gyoseishoshi) for advice specific to your situation.
