Departure Order in Japan: The 15-Day Deadline and When You Can Come Back

If you are living in Japan after your period of stay has expired, you may have been told at the immigration office that your case will be handled as a departure order (shukkoku meirei, 出国命令). Many people then ask the same two questions: what exactly is this, and how can anyone close an apartment, settle a final salary and pack a life into fifteen days. A departure order lets you book your own ticket and leave without being detained. It is not available to everyone: all five requirements in Article 24-3 of the Immigration Control and Refugee Recognition Act (Immigration Control Act) must be satisfied. And what you do after the order is issued decides how soon you may enter Japan again. The points below follow the statute itself.

What is a departure order, and how does it differ from deportation?

A departure order is a procedure in which a foreign national who meets certain requirements is ordered to leave Japan on their own, without being taken into detention (Article 24-3 and Article 55-85). In ordinary deportation proceedings, an immigration control officer conducts a violation investigation (Article 27 onward), a written detention order is issued (Article 39) or a supervision measure is decided (Article 44-2, paragraph (7)), and the case then moves through the violation examination by an immigration inspector (Article 45 onward), the finding (Article 47, paragraph (3)), the oral hearing (Article 48), the determination by a special inquiry officer (Article 48, paragraph (8)) and the objection to the Minister of Justice (Article 49). The departure order procedure does not presuppose detention. Being able to prepare for departure without losing your liberty is the most obvious practical difference; the other major difference is the length of the subsequent period of denial of landing, that is, how long you are barred from entering Japan.

Who can receive a departure order?

The procedure applies to a foreign national who falls under Article 24, item (ii)-4, item (iv)(b), or items (vi) through (vii), and who satisfies all five of the requirements in Article 24-3. Overstaying falls under Article 24, item (iv)(b), so overstayers are within the eligible category; the question is the remaining requirements.

• Item (i) The person falls under either (a) or (b). (a): before a violation investigation under Article 27 has begun, the person appeared voluntarily at a regional immigration services bureau with the intention of leaving Japan promptly. (b): after the violation investigation has begun but before receiving the notice under Article 47, paragraph (3), the person stated to an immigration inspector or immigration control officer an intention to leave Japan promptly.
• Item (ii) The person does not fall under any of Article 24, items (iii) through (iii)-5, item (iv)(c) through (iv)(s), item (viii) or item (ix).
• Item (iii) Since entering Japan, the person has not been sentenced to kōkinkei (a custodial sentence) for offences under Part II of the Penal Code, Chapter XII (breaking into a residence), Chapters XVI to XIX (counterfeiting of currency, documents, securities and electromagnetic records of payment cards), Chapter XXIII (gambling), Chapter XXVI (homicide), Chapter XXVII (injury), Chapter XXXI (unlawful capture and confinement), Chapter XXXIII (kidnapping and abduction), Chapter XXXVI (theft and robbery), Chapter XXXVII (fraud and extortion) or Chapter XXXIX (stolen property), or for offences under Articles 1, 1-2 and 1-3 of the Act on Punishment of Physical Violence, the Act for Prevention of Robbery, Articles 15 and 16 of the Act on Prohibition of Possession of Special Picking Tools, Article 2 and Article 6, paragraph (1) of the Act on Punishment of Acts Inflicting Death or Injury on Others by Driving a Motor Vehicle, or Article 22 of the Act on Prevention of Disposal of Stolen Specified Metal Articles.
• Item (iv) The person has never been deported from Japan, and has never left Japan under a departure order issued under Article 55-85, paragraph (1).
• Item (v) The person is expected to leave Japan promptly without fail.

Item (iv) deserves particular attention. If you have once left Japan under a departure order, you cannot receive a second one, even if you later overstay again. In practice this is a one-time procedure.

How many days do I get, and is it always fifteen?

Article 55-85, paragraph (1) provides that the supervising immigration inspector orders the person to leave Japan promptly and sets a departure deadline within a period not exceeding fifteen days. Fifteen days is the ceiling, not a guarantee: a shorter deadline may be set depending on the case. Booking a flight, terminating a lease, settling wages and disposing of belongings usually cannot be arranged from scratch after you appear at the bureau. Since Article 24-3, item (v) requires that the person be expected to leave promptly without fail, being able to show a concrete departure plan goes to the requirement itself.

What conditions can be attached to a departure order?

Under Article 55-85, paragraph (3), the supervising immigration inspector may impose restrictions on residence and area of movement and any other conditions considered necessary, such as living at a designated address and not travelling beyond a designated area. Where conditions are imposed, they must be observed until the day of departure. You remain without a status of residence during this period, so you cannot continue working.

What happens if I do not leave by the deadline?

Remaining in Japan beyond the departure deadline falls under Article 70, paragraph (1), item (viii)-2. The main clause of Article 70, paragraph (1) provides for kōkinkei (a custodial sentence) of not more than three years or a fine of not more than three million yen, or both. This is not merely an administrative matter but a criminal offence. Moreover, because Article 24-3, item (iv) requires that the person have neither a deportation record nor a record of leaving under a departure order, missing the deadline and eventually being deported significantly extends the time before you can enter Japan again, as set out below.

After leaving under a departure order, when can I return to Japan?

This is the heart of the system. Article 5, paragraph (1), item (ix) sets the period of denial of landing by category. The letters below are Japanese kana used in the same way as (a), (b), (c) and so on.

• Article 5(1)(ix)(e) — ホ A person who left Japan under a departure order: one year from the date of departure.
• Article 5(1)(ix)(f) — ヘ A person falling under Article 24-3, item (i)(b) (who stated the intention to leave only after the violation investigation had begun), who left under a departure order and thereafter seeks to engage in activities as a temporary visitor: five years from the date of departure.
• Article 5(1)(ix)(b) — ロ A person who received a decision under Article 52, paragraph (5) and left Japan voluntarily by the deadline (excluding those coming for temporary visitor purposes): one year from the date of departure.
• Article 5(1)(ix)(c) — ハ A person who was deported and had no previous deportation or departure order record: five years from the date of deportation.
• Article 5(1)(ix)(d) — ニ A person who was deported and already had a deportation or departure order record: ten years from the date of deportation.
• Article 5(1)(x) A person deported for falling under Article 24, item (iv)(e) through (iv)(s): no fixed period.

In short, someone who appears voluntarily before the violation investigation begins and leaves under a departure order (Article 24-3, item (i)(a)) faces one year under item (ix)(e). Someone who states the intention to leave only after the investigation has begun (item (i)(b)) faces five years under item (ix)(f) if they later seek to come as a temporary visitor. The same departure order produces different outcomes depending on when you come forward. A record of punishment under narcotics-related legislation (Article 5, paragraph (1), item (v)) also results in denial of landing with no fixed period. Note as well that the expiry of the period does not guarantee entry: visa screening and landing examination are conducted separately.

Should I take the departure order or seek special permission to stay?

This must be decided before you appear at the bureau, because the two paths point in opposite directions. A departure order assumes you are leaving Japan; special permission to stay (Article 50) is a request to remain.

Article 50, paragraph (1) provides that even where a person is subject to deportation, the Minister of Justice may grant special permission to stay, on the application of the foreign national or ex officio, if the person falls under any of the listed items. Most overstay cases are considered under item (v) (where the Minister finds other grounds warranting special permission). An application may be made only by a person detained under a written detention order or subject to a supervision measure decision (Article 50, paragraph (2)), and no application may be made after a written deportation order has been issued (Article 50, paragraph (3)). The decision is made after the person accepts the finding or determination, or after the objection is dismissed as groundless (Article 50, paragraph (4)). The factors to be considered are listed in Article 50, paragraph (5): the reasons for wishing to stay, family relationships, conduct, the circumstances of entry into Japan, the length of stay and legal status during that period, the facts constituting the ground for deportation, and the need for humanitarian consideration, as well as domestic and international circumstances and the effect on illegal residents in Japan. Where permission is refused, written reasons must be given promptly (Article 50, paragraph (10)).

In a case involving only overstaying (Article 24, item (iv)(b)), the heightened requirement in the proviso to Article 50, paragraph (1) does not apply. That proviso applies where the person has been sentenced to kōkinkei for life or for more than one year, and limits permission to cases where refusing it would be found to lack humanitarian consideration. Its non-application is a favourable feature of overstay cases. If family ties, an established life in Japan or health circumstances can be supported by documents, seeking special permission to stay is worth considering. If those cannot be shown objectively, leaving in the way that keeps the denial-of-landing period as short as possible, and planning a future return on a proper status of residence, may in fact bring you back to Japan sooner.

Why it matters to come forward before you are caught

The system is designed so that timing changes the outcome. Article 24-3, item (i)(a) covers those who appear voluntarily before the violation investigation under Article 27 begins, and the denial-of-landing period is then one year under item (ix)(e). If the intention to leave is stated only after the investigation has begun (item (i)(b)), a later temporary-visitor entry falls under item (ix)(f) and five years. If enforcement action starts the process and the requirements in Article 24-3, items (ii), (iii) or (iv) can no longer be met, the departure order is unavailable altogether, and deportation brings five years under item (ix)(c), or ten years under item (ix)(d) where there is a prior record. The gap between one year and five, or five and ten, is time spent apart from your family.

The Guidelines on Special Permission to Stay (revised March 2024, effective 10 June 2024) describe special permission to stay as an exceptional and discretionary measure granted to a foreign national who would otherwise be deported, and state expressly that the fact that the foreign national appeared voluntarily at a regional immigration services bureau in order to report their illegal stay is taken into account as a positive factor. Conversely, a prolonged illegal stay is assessed as a negative factor. The longer you wait, the narrower the options become.

About our office

Funado International Law Office (3F Fuse Building Main Wing, 3-4-10 Takada, Toshima-ku, Tokyo) focuses on criminal defence for foreign nationals, mainly Chinese clients, and on immigration procedures. Daisuke Matsumura, attorney at law (Daiichi Tokyo Bar Association, registration number 59077, admitted 2019), handles every stage personally, from the first consultation to the end of the procedure, without delegating the work to clerks or junior attorneys. A dedicated Chinese-language interpreter experienced in cases involving foreign nationals is based at the office; for other languages, an interpreter is arranged according to the needs of the case. This means you can use an interpreter who works for you, separately from the interpreter assigned by the investigating authorities. Renewal or change of status of residence after criminal proceedings is handled together with an affiliated administrative scrivener.

Two examples. In one case, a client who had come to Japan as a tourist had a child with a Japanese woman but lost his status of residence and was arrested and prosecuted for illegal stay. The marriage and acknowledgement of paternity had not been completed and the authorities initially refused to accept the filings; the office negotiated from a constitutional standpoint, the marriage and acknowledgement were completed, and questioning of the defendant and examination of witnesses were conducted with the criminal trial in mind. Although almost no public documents were obtainable from the country of nationality, favourable evidence was gathered and past permission cases were analysed, and special permission to stay was obtained in a single round of proceedings.

In another, a woman wrongly accused of promoting illegal employment faced deportation. Against the established practice that intent or negligence is not required for a ground of deportation, the office brought proceedings testing the reach of the principle of individual responsibility and argued the case up to the appellate level. Special permission to stay was subsequently granted by the immigration authorities. The choice between taking a departure order and seeking to remain is hard to revisit once you have appeared at the bureau. The first consultation is free, and fees are quoted according to the case.

Closing

A departure order is the lighter path in that you are not detained, but it is unavailable if even one requirement is missing, and missing the deadline is a criminal offence under Article 70, paragraph (1), item (viii)-2. Timing alone can decide whether you may return to Japan after one year or after five. While you still have time to act, gather your documents and settle on a course.

This article is a general explanation. Please consult a lawyer directly about your own case. The past results described above arose from their particular circumstances and do not guarantee a similar outcome.

Author

Daisuke Matsumura, Attorney at Law

Daiichi Tokyo Bar Association (registration number: 59077, admitted 2019)

Funado International Law Office (3F Fuse Building Main Wing, 3-4-10 Takada, Toshima-ku, Tokyo)

Focuses on criminal defence for foreign nationals, mainly Chinese clients, and on immigration procedures.

Results include an acquittal in a case under the Stimulants Control Act (possession for the purpose of profit), a non-prosecution decision in a specialised fraud case, and special permission to stay in cases regarded as difficult.

Contact

Funado International Law Office

Website: https://matsumura-lawoffice.jp/

WeChat ID: matsumura1119

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