Q: What is the Re-entry Permit System in Japan, and How Does it Allow Foreign Residents to Travel Abroad and Return?

Foreign nationals residing in Japan often need to travel abroad temporarily for various reasons, such as business trips, family visits, or vacations, with the intention of returning to continue their residence. To facilitate this, Japan's Immigration Control and Refugee Recognition Act (ICRRA) provides for a Re-entry Permit system. This system allows foreign residents to leave and re-enter Japan without having to obtain a new visa for each return, thereby maintaining their current status of residence. Understanding the different types of re-entry permits—the standard Re-entry Permit (Article 26) and the Special Re-entry Permit (Article 26-2)—is crucial for ensuring a smooth departure and return.

The Fundamental Purpose of Re-entry Permits

The primary purpose of the Re-entry Permit system is to simplify the procedures for foreign nationals who are already legal residents of Japan to temporarily leave and then re-enter the country to resume their activities under their existing status of residence and within their current period of stay.

Without a re-entry permit (or a valid Special Re-entry Permit), if a foreign national (other than those with specific exceptions like Refugee Travel Document holders who might be exempt under certain conditions) departs Japan, their current status of residence and period of stay are generally considered to have terminated upon their departure. To return to Japan, they would typically need to apply for a new visa from scratch, often requiring a new Certificate of Eligibility, which can be a time-consuming process.

The Re-entry Permit effectively keeps their current status of residence "alive" during their temporary absence from Japan, allowing them to re-enter with a simplified landing examination. Upon re-entry, the immigration inspector primarily verifies the validity of the re-entry permit and the individual's identity, rather than re-adjudicating their eligibility for the status of residence or their compliance with landing permission standards (which were assessed when their current status was initially granted or last extended/changed).

1. The Standard Re-entry Permit (Article 26)

The standard Re-entry Permit is a formal permission granted by the Minister of Justice (through regional immigration authorities) to a foreign national residing in Japan who wishes to depart temporarily and re-enter.

Legislative History and Evolution

The concept of a re-entry permit has existed in Japanese immigration law since its early stages. Significant amendments over the years have refined the system:

• 1981 Amendments: Clarified that holders of Refugee Travel Documents issued by Japan do not require a separate re-entry permit.
• 1999 Amendments (Act No. 135 of 1999):
  • Extended the maximum validity period of a re-entry permit from 3 years to 5 years.
  • Formally introduced the multiple re-entry permit, allowing for multiple departures and re-entries within the permit's validity.
• 2009 Amendments (Act No. 79 of 2009): The introduction of the Special Re-entry Permit system (Article 26-2) for Residence Card holders led to a clearer delineation and purpose for the standard Re-entry Permit, particularly for those planning longer absences or not eligible for the special system.

Application Process (Article 26, Paragraph 1)

A foreign national residing in Japan who wishes to obtain a standard Re-entry Permit must apply to the Minister of Justice before their intended departure from Japan. Applications are submitted to the Regional Immigration Bureau that has jurisdiction over their place of residence.

Conditions for Granting (Proviso to Article 26, Paragraph 1)

While generally granted to eligible applicants, the Minister of Justice may choose not to grant a re-entry permit if there are reasonable grounds to believe that doing so would be inappropriate for ensuring fair immigration control. For instance, if the applicant is currently subject to deportation proceedings or is deemed likely to engage in activities harmful to Japan's interests upon re-entry, the permit may be denied.

Validity Period (Article 26, Paragraph 3)

The validity period of a standard Re-entry Permit is determined by the Minister of Justice within a scope not exceeding 5 years from the date of issuance. However, this period cannot extend beyond the expiration date of the foreign national's current period of stay.

• For Permanent Residents and Special Permanent Residents: Since their period of stay is indefinite, their re-entry permits can be granted for the maximum 5-year validity.
• For other statuses of residence: The re-entry permit will be valid up to 5 years or until the expiration of their current period of stay, whichever is shorter.

Single vs. Multiple Re-entry Permits (Article 26, Paragraph 4)

Upon application, the Minister of Justice can issue either:

• A single re-entry permit: Valid for only one departure and re-entry.
• A multiple re-entry permit: Valid for an unlimited number of departures and re-entries within the specified validity period.
  A multiple re-entry permit is particularly beneficial for foreign residents who need to travel abroad frequently for business or personal reasons.

Form of Permission (Article 26, Paragraph 5)

The re-entry permission can be granted in one of two forms:

1. Issuance of a Re-entry Permit document (再入国許可書 - sai'nyūkoku kyokasho): This is a booklet similar in appearance to a passport. It is typically issued to individuals who, for example, are stateless and do not possess a national passport, or whose passport is nearing expiration or has no blank pages for endorsements.
2. Endorsement of re-entry permission in the foreign national's passport (再入国許可証印 - sai'nyūkoku kyoka shōin): This is a stamp or seal affixed to a page in the valid passport.

Extension of Validity Period While Abroad (Article 26, Paragraph 6)

If a foreign national who has departed Japan with a standard Re-entry Permit finds themselves unable to re-enter Japan within the permit's validity period due to unforeseen circumstances such as natural disasters, illness, or other unavoidable reasons, they can apply for an extension of the validity period at a Japanese embassy or consulate abroad.

• The extension can be granted for a period not exceeding one year from the original expiration date.
• The total validity, including the extension, cannot exceed six years from the date the original re-entry permit was issued.
  This provision offers crucial flexibility for individuals facing genuine difficulties in returning to Japan on time.

Fees (Article 26, Paragraph 7)

A fee is payable for the issuance of a standard Re-entry Permit (both single and multiple) and for an extension of its validity period abroad.

Re-entry Permit Document as a Passport (Article 26, Paragraph 8)

In certain cases, the Re-entry Permit document (the booklet type) is deemed to be a passport for the purposes of re-entering Japan based on that permit. This is particularly relevant for individuals like stateless persons who may not have a national passport.

2. The Special Re-entry Permit (みなし再入国許可 - Minashi Sai'nyūkoku Kyoka) (Article 26-2)

The Special Re-entry Permit system, introduced in 2009 and fully implemented with the new residency management system in 2012, significantly streamlined the process for many medium to long-term residents. It allows eligible foreign nationals to depart and re-enter Japan without obtaining a standard Re-entry Permit in advance, provided their intended absence is relatively short.

Purpose and Rationale

The primary aim of the Special Re-entry Permit system is to enhance convenience for legally residing foreign nationals who frequently travel for short periods or who may need to depart on short notice. It reduces the administrative burden of applying for a standard permit for each such trip.

Eligibility (Article 26-2, Paragraph 1)

To be eligible for a Special Re-entry Permit, a foreign national must:

1. Possess a valid passport (this excludes those holding only a Refugee Travel Document for this purpose, though Refugee Travel Document holders are generally exempt from needing a re-entry permit if their document is valid).
2. Possess a valid Residence Card (or a Special Permanent Resident Certificate for Special Permanent Residents).
3. Not fall under any of the exclusion categories (see below).

Exclusion Categories (Article 26-2, Paragraph 1, Items 1-4)

Foreign nationals are not eligible for a Special Re-entry Permit if they:

1. Are currently undergoing procedures for revocation of their status of residence (Article 22-4).
2. Have had a decision on the confirmation of their departure deferred (under Article 25-2, concerning individuals who may be subject to criminal proceedings or whose departure might hinder investigations).
3. Are subject to a written detention order (under Article 39).
4. Are residing under the "Designated Activities" (特定活動 - tokutei katsudō) status specifically for the purpose of refugee status determination procedures, or are otherwise designated by the Minister of Justice as requiring a standard re-entry permit for fair immigration control.

Procedure: Declaration of Intent at Departure

To utilize the Special Re-entry Permit system, an eligible foreign national must, at the time of their departure from Japan, indicate their intention to depart under the Special Re-entry Permit system to an immigration inspector. This is typically done by ticking a designated box on the Embarkation Card for Re-entrant (ED Card).

Effect and Validity (Article 26-2, Paragraph 1)

If the above conditions are met, the foreign national is deemed to have received a re-entry permit at the time of their departure. This deemed permit allows them to re-enter Japan to continue their previous activities under their existing status of residence.
The validity of this Special Re-entry Permit is:

• One year from the date of departure, OR
• Until the expiration date of their current period of stay,
  whichever is shorter.

No Extension Abroad (Article 26-2, Paragraph 2)

A critical feature of the Special Re-entry Permit is that its validity period cannot be extended while the foreign national is outside Japan. If a person departs under this system and then finds they cannot return within the one-year (or shorter) limit, they will lose their current status of residence. They would then need to obtain a new visa and Certificate of Eligibility to re-enter Japan.

No Fee

There is no fee associated with using the Special Re-entry Permit system.

Comparing Standard and Special Re-entry Permits

Consequences of Departing Without Any Re-entry Permission

If a medium to long-term resident (who is not otherwise exempt, e.g., a Refugee Travel Document holder) departs Japan without obtaining a standard Re-entry Permit and without utilizing the Special Re-entry Permit system (e.g., by failing to declare their intent on the ED card), their current status of residence is generally considered terminated upon departure. Their Residence Card also becomes invalid (Article 19-14, Item 3). To return to Japan, they would need to start the visa and landing permission process anew, usually involving obtaining a Certificate of Eligibility from Japan. This is a significant consequence that underscores the importance of the re-entry permit systems.

Conclusion

Japan's Re-entry Permit system, encompassing both the standard permit under Article 26 and the more convenient Special Re-entry Permit under Article 26-2, is designed to facilitate the international travel of its foreign residents while maintaining the integrity of their immigration status. The standard permit offers longer validity and the possibility of extension abroad, making it suitable for planned absences exceeding one year. The Special Re-entry Permit, on the other hand, provides a highly convenient option for shorter trips without the need for a prior application, but with the critical limitation that its one-year validity cannot be extended overseas. Foreign residents must carefully consider their travel plans and the duration of their intended absence to choose the appropriate re-entry permission, thereby ensuring their ability to smoothly return to Japan and continue their residence.