Will a Criminal Case Affect My Visa in Japan? Deportation, Suspended Sentences and Special Permission to Stay
2026/10/13
Last updated: October 13, 2026. Written by Daisuke Matsumura, Attorney at Law (Daiichi Tokyo Bar Association, Registration No. 59077), Funado International Law Office. WeChat ID: matsumura1119.
Yes, a criminal case can affect your visa in Japan, and sometimes more severely than the criminal sentence itself. Whether it does depends on three things: your residence status (Table I or Table II of the Immigration Control Act), the kind of offense, and the sentence. A drug conviction is a ground for deportation for every residence status, even if the penalty is a fine or a suspended sentence.
Many foreign nationals accept a suspended sentence believing that, if they avoid prison, life in Japan continues as before. Under the Immigration Control and Refugee Recognition Act (the "Immigration Control Act"), that belief can be wrong. For what happens immediately after an arrest, see Arrested in Japan: What Happens Next.
Key points
- Any drug conviction, including a fine or a suspended sentence, is a ground for deportation for every residence status (Article 24(4)(chi)).
- Holders of Table I statuses (work, student, dependent and similar visas) sentenced to imprisonment (拘禁刑, kokin-kei) for theft, fraud, injury, forgery and other listed offenses face deportation even if the sentence is suspended (Article 24(4-2)).
- Anyone given an actual prison term of more than one year faces deportation, regardless of residence status (Article 24(4)(ri)).
- Non-prosecution (不起訴) is not a conviction and is the most favorable outcome for residence status.
- Even after deportation proceedings begin, the Minister of Justice may grant special permission to stay (Article 50).
What is the difference between Table I and Table II residence statuses?
Table I statuses are granted for a particular activity, such as work or study. Table II statuses are based on a person's position or family relationship in Japan. The deportation rules for criminal cases are stricter for Table I.
| Group | Examples of residence status |
|---|---|
| Table I (activity-based) | Engineer/Specialist in Humanities/International Services, Business Manager, Skilled Labor, Specified Skilled Worker, Technical Intern Training, Student, Dependent, Designated Activities, Temporary Visitor |
| Table II (status-based) | Permanent Resident, Spouse or Child of Japanese National, Spouse or Child of Permanent Resident, Long-Term Resident |
| Separate law | Special Permanent Resident (Special Act on Immigration Control) |
Which criminal outcomes lead to deportation?
The table below shows how each outcome is generally treated. "Ground for deportation" means that deportation proceedings can be started; it does not mean that deportation is automatic, because special permission to stay may still be sought.
| Outcome of the criminal case | Table I statuses (work, student, dependent, etc.) | Table II statuses (permanent resident, spouse of a Japanese national, etc.) |
|---|---|---|
| Non-prosecution (不起訴) | No conviction, so no sentence-based deportation ground | No conviction, so no sentence-based deportation ground |
| Fine for a non-drug offense (often by summary order, 略式命令) | Generally not a ground by itself; may count against renewal or change of status as a conduct issue | Generally not a ground by itself; may count against renewal or permanent residence |
| Suspended imprisonment for a listed Penal Code offense (theft, fraud, injury, forgery, trespass and others) | Ground for deportation (Article 24(4-2)) | Not a ground by itself; may count against renewal or permanent residence |
| Suspended imprisonment for an offense outside that list | Not a ground under Article 24(4-2); may count against renewal | Not a ground by itself; may count against renewal or permanent residence |
| Actual imprisonment of one year or less | Ground if the offense is on the Article 24(4-2) list | Not a ground under Article 24(4)(ri) |
| Actual imprisonment of more than one year (for a partially suspended sentence, the unsuspended part exceeds one year) | Ground for deportation (Article 24(4)(ri)) | Ground for deportation (Article 24(4)(ri)) |
| Any conviction for a drug offense (fine, suspended or actual sentence) | Ground for deportation (Article 24(4)(chi)) | Ground for deportation (Article 24(4)(chi)) |
Under the 2022 amendment to the Penal Code, which took effect on June 1, 2025, the former two kinds of prison sentence were unified into a single penalty called kokin-kei (拘禁刑, imprisonment). The rules above refer to this penalty.
Why can a suspended sentence still lead to deportation?
Because two provisions of the Immigration Control Act apply even when the sentence is suspended: Article 24(4)(chi) for drug offenses, and Article 24(4-2) for listed offenses committed by holders of Table I statuses.
Article 24(4)(chi) covers anyone convicted of violating Japan's drug laws, including the laws on stimulants, narcotics and psychotropics, cannabis and opium. It applies whatever the residence status and whatever the penalty. For more detail, see Drug Offenses and Residence Status in Japan.
Article 24(4-2) applies to persons staying with a Table I status who are sentenced to imprisonment for offenses listed in that provision. The list includes Penal Code offenses such as trespass on a residence, counterfeiting and forgery of currency, documents, securities, payment cards and seals, gambling, homicide, injury and assault, unlawful arrest and confinement, kidnapping, theft and robbery, fraud (including computer fraud) and extortion, and handling stolen property, along with certain offenses under the Act on Punishment of Physical Violence and Others and related laws. The provision says "sentenced to imprisonment"; it does not exclude suspended sentences.
Offenses not on the list, such as embezzlement, property damage and many traffic offenses, do not fall under Article 24(4-2), although they may affect renewals or, with a long actual sentence, fall under Article 24(4)(ri). The exact charge therefore matters.
How is a fine treated?
A fine for a non-drug offense is generally not a ground for deportation by itself. It is, however, a criminal conviction, and immigration authorities may take it into account when deciding on renewal, change of status or permanent residence.
Many minor cases end with a summary order (略式命令, Code of Criminal Procedure, Article 461), in which the suspect agrees to a written procedure and a fine is imposed without a public trial. A summary order is still a conviction. When the person later applies to extend or change their status, the Immigration Services Agency looks at whether their conduct has been good, and a fine can count against them. For permanent residence, good conduct is a statutory requirement (Immigration Control Act, Article 22(2)(i)).
For a drug offense, a fine leads directly to a deportation ground under Article 24(4)(chi). A suspect should not agree to a summary order for a drug charge without first understanding this.
Why is non-prosecution so important for foreign nationals?
Non-prosecution (不起訴) means that the prosecutor decides not to bring the case to court. There is no conviction, so the deportation grounds that depend on a sentence do not arise.
The prosecutor may decide not to prosecute because the evidence is insufficient, or even when the evidence is sufficient, taking into account the person's character, age and circumstances, the seriousness of the offense and the situation after the offense, such as a settlement with the victim (Code of Criminal Procedure, Article 248). For a foreign suspect, the defense can present the immigration consequences as part of those circumstances.
Because the decision is made during the investigation, which in principle lasts up to 23 days for each arrest, the defense must act early: preventing unreliable statements, negotiating settlements with victims, and presenting the suspect's situation to the prosecutor.
Are special permanent residents treated differently?
Yes. Special permanent residents are covered by the Special Act on Immigration Control, under which the grounds for deportation are limited to a narrow set of very serious cases.
If you hold this status, ask a lawyer to confirm your position under the Special Act rather than relying on general explanations about visas.
What is special permission to stay, and when can it be granted?
Special permission to stay (在留特別許可) is a decision by the Minister of Justice to allow a person to remain in Japan even though a deportation ground applies (Immigration Control Act, Article 50). It is discretionary, but the law lists the circumstances to be considered.
Under Article 50(5), the factors include the reasons the person wishes to stay, family relationships, conduct, the circumstances of entry, the length of stay in Japan, the person's legal status, the circumstances of the deportation ground and humanitarian considerations. Since the amendment that took effect on June 10, 2024, a person can apply for special permission to stay through a defined procedure. For a person sentenced to actual imprisonment of more than one year, permission requires special circumstances in which refusing it would lack humanitarian consideration (Article 50(1), proviso).
A refusal can be challenged in court through an action to revoke the deportation decision. Our firm has obtained special permission to stay for clients, and we bring administrative litigation against unlawful immigration decisions. Issues from our administrative cases have been discussed in Japanese legal journals, including Hogaku Kyoshitsu No. 534, p. 124 (Masao Okitsu) and Jichi Kenkyu Vol. 102, No. 6, p. 3 (Yasutaka Abe).
If I am deported, when can I come back to Japan?
The period during which landing is refused depends on why the person left. A criminal sentence of one year or more, or any drug conviction, can lead to a refusal with no time limit.
| Situation | Landing refusal period | Legal basis |
|---|---|---|
| Sentenced to imprisonment of one year or more (in Japan or abroad), except for political offenses | No time limit | Immigration Control Act, Article 5(1)(iv) |
| Convicted of a drug offense (in Japan or abroad) | No time limit | Article 5(1)(v) |
| Deported for the first time (no earlier deportation or departure order) | 5 years from deportation | Article 5(1)(ix)(ro) |
| Deported again | 10 years from deportation | Article 5(1)(ix)(ha) |
| Left Japan under a departure order (出国命令) | 1 year from departure | Article 5(1)(ix)(ni) |
Article 5(1)(iv) refers to being "sentenced" to imprisonment of one year or more. How it applies to a suspended sentence that has run its course without revocation is a technical question that should be checked with a lawyer for each case. Even where landing is refused, the Minister of Justice may grant special landing permission (上陸特別許可) in exceptional cases (Article 12). These rules show why the length of a sentence, and not merely whether it is suspended, matters to a foreign defendant.
Frequently asked questions
Does a suspended sentence mean I can keep my visa in Japan?
Not necessarily. A suspended sentence for a drug offense is a ground for deportation for any residence status (Immigration Control Act, Article 24(4)(chi)). For holders of Table I statuses such as work, student and dependent visas, a suspended sentence of imprisonment for theft, fraud, injury, forgery and other listed offenses is also a ground for deportation (Article 24(4-2)).
Will a fine lead to deportation?
A fine for an offense other than a drug offense is generally not, by itself, a ground for deportation. However, it is a criminal record, and it can be taken into account as a matter of conduct when you apply to renew or change your status or for permanent residence. A fine for a drug offense is a ground for deportation.
Is non-prosecution (fusokiso) safe for my residence status?
Non-prosecution is not a conviction, so the deportation grounds that depend on a criminal sentence do not apply. It is the most favorable outcome for residence status, although the underlying facts may still be asked about in later immigration applications.
I am a permanent resident. Can I be deported for a crime?
Yes. Permanent residents and spouses of Japanese nationals can be deported for a drug conviction or for actual imprisonment of more than one year. They are not covered by Article 24(4-2), which applies to Table I statuses. Special permanent residents are covered by a separate law with narrower grounds.
If I am deported, can I ever return to Japan?
It depends on the reason. A person deported for the first time is generally refused landing for 5 years, and a person deported again for 10 years. A person sentenced to imprisonment of one year or more, or convicted of a drug offense, can be refused landing with no time limit (Immigration Control Act, Article 5(1)(iv) and (v)). The Minister of Justice may still grant special landing permission in exceptional cases (Article 12).
Legal basis
- Immigration Control and Refugee Recognition Act, Articles 5(1)(iv), 5(1)(v), 5(1)(ix), 12, 22(2), 24(4)(chi), 24(4)(ri), 24(4-2) and 50
- Special Act on the Immigration Control of, inter alia, Those Who Have Lost Japanese Nationality Pursuant to the Treaty of Peace with Japan
- Code of Criminal Procedure, Articles 247, 248 and 461
- Penal Code (as amended in 2022, effective June 1, 2025: imprisonment unified as kokin-kei)
Contact
| Firm | Funado International Law Office (舟渡国際法律事務所) |
|---|---|
| Attorney | Daisuke Matsumura (松村大介), Attorney at Law, Daiichi Tokyo Bar Association, Registration No. 59077 |
| Address | 3F Fuse Building Main, 3-4-10 Takada, Toshima-ku, Tokyo, Japan |
| Phone | +81-50-7587-4639 (in Japan: 050-7587-4639) |
| matsumura1119 | |
| Languages | Japanese and Chinese (Mandarin) |
| Fees | Explained before you engage us |
| Website | https://matsumura-lawoffice.jp/ / Contact form |
Related pages
- Arrested in Japan: What Happens Next and What Family Members Can Do
- Chinese-Speaking Criminal Defense Lawyer in Tokyo
- Criminal Defense and Immigration Lawyer in Tokyo for Foreign Nationals (firm overview)
- Drug Offenses and Residence Status in Japan
- 简体中文 (Chinese top page)
- 外国人の刑事事件 (Japanese: criminal cases involving foreign nationals)
- About the attorney
This page provides general information about Japanese law as of the date above. It is not legal advice for any particular case, and it is not a promise of any particular result; the outcome of each case depends on its own facts and evidence.
