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How do you avoid losing your work visa on a long business trip or visit home?

Foreigners Employment Support Organization (FESO) / Published  / Last updated

This article is a translation of the Japanese original. Where the two differ, the Japanese version prevails. Read the Japanese original(日本語版を読む)

Answer

If you leave Japan under みなし再入国許可, you must re-enter within 1 year of leaving (or by the expiration date of your period of stay, whichever comes first). If you do not, your status of residence ceases at that point. If a long business trip is possible, obtain a 再入国許可 (Re-entry Permit, valid for up to 5 years) before you leave. If you are thinking about permanent residence, please also watch the total number of days you spend outside Japan.

What is this enquiry about?

A guide to the risks of leaving Japan, and what to do about them, for people who live here on a work visa and are planning a long visit home or a long overseas business trip.

What happens if you miss the time limit on みなし再入国許可?

Once 1 year has passed, your status of residence ceases, and the limit cannot be extended from overseas.

Many foreign nationals use 「みなし再入国許可」 (Special Re-entry Permit), which lets you leave Japan without any procedure at the Immigration Services Agency of Japan beforehand. There is, however, a large pitfall here.

If you do not return within 1 year, your status of residence ceases

If you leave Japan under みなし再入国許可, you must re-enter Japan within 1 year of leaving (or by the expiration date of your period of stay, whichever comes first).

If more than 1 year passes because "the work ran on" or "I could not get a flight", your status of residence ceases at that moment. The limit cannot be extended from overseas, so you would have to start again from the 在留資格認定証明書交付申請 (Application for Certificate of Eligibility), which takes a great deal of time and effort.

If a long business trip is possible, we strongly recommend obtaining a 「再入国許可」 (Re-entry Permit, valid for up to 5 years) at the Immigration Services Agency of Japan from the outset, before you leave.

How do days spent outside Japan affect a permanent residence application?

If you are away for a long period, the requirement of 10 years of continuous residence can be reset, and you start again from zero.

For anyone thinking about permanent residence, the number of days spent outside Japan each year is an important measure that can decide the outcome of screening. The requirement of 10 years of continuous residence for a permanent residence application can be reset — you start again from zero — where there has been a long absence.

Guide figures used in screening

Generally, if either of these applies, it becomes more likely that you are treated as not having the base of your life in Japan.

Even where the trip is on the company's orders, if the number of days is too high, the fact that there is no real residence in Japan does not change.

Does it also affect the extension of my period of stay?

It is essential that your employment contract continues and that you are paid while you are away, and a long absence can count against you at the next extension.

A long absence can count against you not only in a permanent residence application but also at your next 在留期間更新許可申請 (Application for Extension of Period of Stay).

What should you finish before you leave?

Report your change of address, and complete steps such as appointing a tax agent for your resident tax, before you leave.

Failing to report a change of address, or leaving taxes unpaid while you are away, will count against you in later applications. Before you leave, always complete steps such as appointing a tax agent for your resident tax, and keep your own records in good order.

If you expect to be outside Japan for more than 100 days in a year, or if you are worried about the time limit on みなし再入国許可, we recommend getting advice from a specialist before it is too late.

Frequently Asked Questions

If I leave Japan under みなし再入国許可, by when must I return?

You must re-enter within 1 year of leaving (or by the expiration date of your period of stay, whichever comes first). Once 1 year has passed, your status of residence ceases at that point, and the limit cannot be extended from overseas.

What should I do if a long business trip is expected?

We recommend obtaining a 再入国許可 (Re-entry Permit, valid for up to 5 years) at the Immigration Services Agency of Japan from the outset, before you leave.

Does a large number of days outside Japan affect a permanent residence application?

If you are away from Japan for 90 days or more in a single absence, or from 100 days to 120 days or more in a year in total, it becomes more likely that you are treated as not having the base of your life in Japan. The same applies to trips on the company's orders.

Are there conditions for extending my period of stay while I am outside Japan?

It is an essential condition that your employment contract with the Japanese company continues and that you are paid, even while you are out of Japan. If social insurance contributions or taxes fall behind, the risk of the extension being denied rises.

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This article provides general information. Immigration rules change, and outcomes depend on individual circumstances. Please check the Immigration Services Agency website or consult a qualified specialist.
This page is a translation of the Japanese original. Where the two differ, the Japanese version prevails.