Q: Under What Circumstances Does a Residence Card in Japan Become Invalid, and What is the Procedure for Returning It?
The Residence Card (在留カード - zairyū kādo) is a vital identification document for medium to long-term foreign residents in Japan, certifying their legal status and authorization to reside in the country. However, this card does not remain valid indefinitely and can become invalid under various circumstances. Understanding when a Residence Card loses its validity and the subsequent obligation to return it to the authorities is crucial for compliance with Japan's Immigration Control and Refugee Recognition Act (ICRRA). This article details the grounds for invalidation as stipulated in Article 19-14 and the procedures for returning the card under Article 19-15 of the ICRRA.
Grounds for Invalidation of a Residence Card (Article 19-14)
Article 19-14 of the ICRRA lists specific situations in which a Residence Card will cease to be valid. It's important for cardholders to be aware of these to avoid inadvertently holding an invalid card. The grounds are as follows:
- When the Holder Ceases to Be a Medium to Long-Term Resident (Item 1):
- A "medium to long-term resident" is a foreign national residing in Japan with a status of residence, excluding those with very short stays, "Temporary Visitor" status, "Diplomat" or "Official" status, or other specific exemptions.
- If a cardholder's status changes such that they no longer fit this definition, their Residence Card becomes invalid. This can occur if:
- They change their status of residence to one not classified for medium to long-term residents (e.g., "Temporary Visitor," or their period of stay is shortened to three months or less).
- They acquire Japanese nationality.
- Their status of residence is revoked by the immigration authorities.
- A deportation order is issued against them.
- Essentially, if the legal basis for being a medium to long-term resident disappears, the card associated with that status also becomes invalid[cite: 1, 240].
- When the Validity Period of the Residence Card Expires (Item 2):
- Each Residence Card has an expiration date printed on it. This date is determined based on factors such as the holder's age and their underlying period of stay or status (e.g., for permanent residents, the card is valid for 7 years if aged 16 or over; for non-permanent residents, it's generally until the expiration of their period of stay or their 16th birthday, whichever is earlier).
- Upon the expiration of this card-specific validity period, the card itself becomes invalid, even if the holder's permission to stay in Japan (i.e., their status of residence) might still be valid or renewable[cite: 1, 240]. This necessitates an application for renewal of the card itself.
- When the Holder Departs Japan Without a Re-entry Permit (Item 3):
- If a medium to long-term resident departs Japan with the intention of not returning (a "simple departure" - 単純出国 tanjun shukkoku), and receives confirmation of departure from an immigration inspector at the port of exit, their Residence Card becomes invalid at that point. This is because a simple departure generally signifies the termination of their current period of residence.
- Crucially, this item excludes those who depart Japan with a valid Re-entry Permit (including those deemed to have a re-entry permit under the Special Re-entry Permit system, Article 26-2 of the ICRRA, or those holding a valid Refugee Travel Document, which also functions as a re-entry permit). If a cardholder departs with such permission, their Residence Card does not become invalid solely due to the act of departure. Their status as a medium to long-term resident is considered to continue while they are abroad within the validity of their re-entry permission[cite: 1, 241].
- When a Holder with a Re-entry Permit Fails to Re-enter Within its Validity Period (Item 4):
- If a medium to long-term resident departs Japan with a Re-entry Permit but does not re-enter Japan before the expiration of that permit's validity period, their Residence Card becomes invalid at the moment the re-entry permit expires[cite: 1, 241].
- This provision, along with Item 3, legislatively clarifies the status of a foreign national's residence and their Residence Card when they are outside Japan. It confirms that the status of residence (and thus being a medium to long-term resident) is maintained during an authorized temporary absence abroad with a re-entry permit. However, failure to return within the permit's timeframe leads to the loss of that status and the invalidation of the card. This addresses potential legal ambiguities that existed before the 2009 ICRRA revisions regarding when exactly a person who failed to re-enter ceased to be a legal resident.
- When the Holder Receives a New Residence Card (Item 5):
- If a medium to long-term resident is issued a new Residence Card – for example, due to renewal of the card's validity, change of status of residence, extension of period of stay, reporting a change in personal details (like name or nationality), or re-issuance after loss or damage – the previously held Residence Card becomes invalid at the moment the new card is issued[cite: 1, 244]. This prevents the circulation of multiple valid cards for the same individual.
- When the Holder Dies (Item 6):
- Upon the death of a medium to long-term resident, their Residence Card immediately loses its validity[cite: 1, 244].
Obligation to Return an Invalidated Residence Card (Article 19-15)
When a Residence Card becomes invalid for any of the reasons listed above, there is a legal obligation to return it to the Minister of Justice (in practice, to a Regional Immigration Bureau). Article 19-15 outlines the specific procedures and deadlines for this return:
- Return within 14 Days (Article 19-15, Paragraph 1):
- If the card becomes invalid due to:
- The holder ceasing to be a medium to long-term resident (Article 19-14, Item 1),
- The expiration of the Residence Card's validity period (Article 19-14, Item 2), or
- The expiration of a Re-entry Permit without re-entering Japan (Article 19-14, Item 4),
- The individual (or former medium to long-term resident) must return the invalidated Residence Card within 14 days from the date on which such event occurred[cite: 1, 245].
- If the card becomes invalid due to:
- Immediate Return (Article 19-15, Paragraph 2):
- If the card becomes invalid due to:
- The holder departing Japan without a Re-entry Permit (and receiving departure confirmation) (Article 19-14, Item 3), or
- The holder receiving a new Residence Card (Article 19-14, Item 5),
- The individual must return the invalidated (old) Residence Card promptly (直ちに - tadachi ni)[cite: 1, 246]. The term "promptly" implies as soon as administratively possible, often at the time of the event itself (e.g., at the port of departure or when receiving the new card).
- If the card becomes invalid due to:
- Return of a Found Card After Invalidation (Article 19-15, Paragraph 3):
- If a medium to long-term resident loses their Residence Card, and it subsequently becomes invalid for reasons other than death (i.e., under Items 1-5 of Article 19-14), and they later find the original lost card, they must return the found (and now invalid) card within 14 days from the date of finding it[cite: 1, 246]. This prevents the misuse of an apparently valid but legally invalidated card.
- Return in Case of Death (Article 19-15, Paragraph 4):
- If the Residence Card becomes invalid due to the death of the holder (Article 19-14, Item 6), the deceased's relative or a person who was living with the deceased has the obligation to return the card.
- This must be done within 14 days from the date of death, or from the date the card was found if discovered after death[cite: 1, 246].
Where and How to Return
The return of an invalidated Residence Card is made to the Minister of Justice, which practically means submitting it to the nearest Regional Immigration Bureau or its branch office. Specific procedures might involve mailing the card or returning it in person, depending on the circumstances. It is advisable to confirm the appropriate method with the immigration authorities.
Penalties for Non-Return
Failure to comply with the obligation to return an invalidated Residence Card as stipulated in Article 19-15 can result in penalties. According to Article 71-3, Item 3 of the ICRRA, a person who violates these provisions may be subject to a fine of not more than 200,000 yen[cite: 1, 246]. While this may seem like a relatively minor penalty, a record of non-compliance can also potentially affect future immigration applications or interactions with immigration authorities.
Conclusion
The Residence Card is a critical document that signifies lawful medium to long-term residence in Japan. It is essential for cardholders to be aware of the circumstances under which their card becomes invalid, as detailed in Article 19-14 of the ICRRA. These include ceasing to be a medium to long-term resident, the card's own expiry, departing Japan without a re-entry permit, failing to re-enter before a re-entry permit expires, receiving a new card, or the holder's death.
Equally important is the legal obligation under Article 19-15 to return an invalidated Residence Card to the immigration authorities within the specified timeframes, which vary depending on the reason for invalidation. Prompt and proper return of invalidated cards helps maintain the integrity of the residency management system and ensures compliance with Japanese law. For medium to long-term residents, understanding and adhering to these rules regarding card invalidation and return is a key aspect of fulfilling their responsibilities during their stay in Japan.