Articles:Japan Immigration Topics

[Blog]Illegal overstaying with “Temporary Visitor” status of residence and not carrying a passport

2024-10-22

According to the article of Hokkaido Bunka Hoso, 2024/10/21, a Korean man who entered Japan on a tourist visa was arrested in Obihiro City, Hokkaido for not carrying his passport and residence card and both were found as expired. It was discovered due to traffic violation of a woman he was dating.

Although it is a short article, it is packed with basic information that should be kept in mind regarding violations of the Immigration Control Act, so I would like to provide some explanations and corrections.

Entered Japan on a tourist visa?

The Republic of Korea is a visa-free country, so if he was coming to Japan for short-term stays of up to 90 days, such as sightseeing, he did not normally need a visa. I don't think he entered the country on a tourist visa, but instead entered the country without a visa for the purpose of sightseeing.

Regarding not carrying passport and residence card

Foreign nationals in Japan are required to carry their passport with them at all times so that they can show it whenever asked (violation results in a fine of up to 100,000 yen). But, mid to long-term residents (with a residence period of more than 3 months) are issued with residence card, and as long as he/she carries his/her residence card, he/she does not need to carry a passport. Since the man in question was a "temporary visitor", I believe he did not carry only passport with him.

By the way, Metropolitan Police Department homepage (as of 2024/10/21 19:37) states, "You must carry your passport or residence card (if you already have had it issued) whenever you go out", but this is incorrect. The correct statement is "If you have been issued a residence card, be sure to carry your residence card. If you have not(means if you are temporary visitor), be sure to carry your passport." If you are a mid to long-term resident and are caught by the police while only carrying your passport, you will be in trouble because you are not carrying your residence card. Please be careful.

Are both expired?

The article said that both were found as expired, but I think only passport has expired. By the way, if a person enters the country with an expired passport, the person is treated as an illegal immigrant (this can be easily avoided when passing the landing inspection at the airport, etc., so this is a case of smuggling). But if the passport expired while he or she resides in the country, he/she needs to go to his/her home country's embassy in Japan and have a new passport issued immediately. The fact that the passport has expired is not really an issue here.

Reasons for refusal of landing

Based on the above, the man will be charged with illegal overstaying and not carrying a passport. Those who remain illegally will be subject to deportation procedures, and will not be able to enter Japan for five years from the date of deportation. (10 years for repeat customers)

Correct expression

I think the correct article should have been like "the man entered Japan without a visa under the status of 「Temporary Visitor」, and although he was not originally issued a residence card, he had stayed in Japan beyond the period of stay and was in an illegal overstay status and has violated the obligation to carry a passport".

Postscript

Again, I was surprised to discover that the Metropolitan Police Department's website was incorrect. I'm thinking of requesting a correction, as this could lead foreign nationals to violate the law based on incorrect information.