Framework of Japan's Immigration Control and Residence Management: An Overview of Law and Administration

The movement of people across Japan’s borders is comprehensively regulated by a single law known as the “Immigration Control and Refugee Recognition Act” in Japan. This law states in its first article that its purpose is “to ensure the fair administration of entry and departure of all persons entering or leaving Japan, and the residence of all foreigners residing in the country.” The phrase “fair administration” symbolizes the balance between two important national interests pursued by the Japanese immigration administration. On one hand, there is a need to smoothly welcome talented individuals, capital, and visitors essential for economic revitalization, technological innovation, and maintaining Japan’s status in the international community. On the other hand, it is equally important to maintain a strict management system to protect national security, public order, and the domestic labor market. This fundamental principle of balancing promotion and regulation permeates the entire design of the Japanese immigration control system, from the authority of the Immigration Services Agency to the conditions for landing permission for individual foreigners. Therefore, to understand this system, it is essential to grasp not only the individual procedures but also the underlying legal philosophy and administrative structure.

The Fundamental Principles of Immigration Control in Japan

The most fundamental legal principle underpinning the entire Japanese immigration control system is the principle of state sovereignty. This principle is based on the established international customary law that states have the sovereign right to deny entry to foreigners who may harm their security or interests. Specifically, the authority of a state to decide which foreigners to admit into its territory and under what conditions is, in principle, left to the state’s free discretion. An important consequence derived from this principle of international law is that for foreigners, entering or residing in Japan is not an inherent right guaranteed by birth, but rather a type of permission granted at the discretion of the Japanese government. This concept does not remain merely an abstract legal theory. It serves as the source of legal legitimacy for the broad discretionary powers recognized by Japanese courts, including the Ministry of Justice, in matters such as the renewal of residence permits, as demonstrated in the subsequent McLean case judgment. Understanding the basic principle of state sovereignty is key to comprehending why the Japanese immigration control system is operated in a manner that allows administrative agencies significant leeway in discretionary decision-making.

The Organization Responsible for Immigration Control Administration: The Immigration Services Agency of Japan

In Japan, the specialized agency responsible for administrative affairs related to immigration control is the Immigration Services Agency, established within the Ministry of Justice. Commonly known by its abbreviation “Immigration,” the agency underwent a reorganization in April 2019 (Reiwa 1), transforming from the Immigration Bureau—an internal division of the Ministry of Justice—into the Immigration Services Agency, an external bureau with more robust authority and independence. The background of this reorganization includes a significant increase in the number of foreign nationals residing in Japan and the creation of new residency statuses to address the serious labor shortage. These challenges facing immigration administration have grown both qualitatively and quantitatively, becoming more complex. This change reflects a critical shift in Japan’s national strategy, not merely a name change. It represents a strengthening of the system to pursue conflicting policy goals: promoting the acceptance of foreign nationals to secure labor forces and maintaining national security and social order.

The main duties of the Immigration Services Agency are broadly divided into four pillars. First is “Immigration Inspection” at airports and seaports, which is the core of border control measures managing foreign nationals entering Japan and those leaving the country. Second is “Residency Examination & Management,” which involves reviewing applications for renewal of stay periods and changes in residency status for foreign nationals already in Japan and managing data related to resident foreigners. Third is “Residency Support,” a relatively new function that provides information and consultation to help foreign nationals live smoothly as members of Japanese society, including the operation of the Foreign Residents Support Center (FRESC). Fourth is “Violation Examination & Deportation,” which investigates foreign nationals who have violated the Japanese Immigration Control and Refugee Recognition Act and, if necessary, carries out deportation procedures to enforce the law.

The change in organizational structure signifies more than just an administrative reorganization. It indicates that the agency responsible for immigration control now officially takes on the role of supporting the smooth acceptance and social integration of foreign nationals, in addition to its traditional role of strict management and enforcement. This dual role is a strategic choice to respond to the realities of demographic changes and economic necessities that Japan faces.

The Entry Process: Landing Procedures in Japan

Foreign nationals seeking entry into Japan must undergo a legal process to obtain permission to land. The basis for this procedure is outlined in Article 7 of the Japanese Immigration Control and Refugee Recognition Act, which specifies the “conditions for landing.” This article clearly defines the five requirements that a foreign national must satisfy to be granted permission to land.

Firstly, the individual must possess a valid passport and, as a general rule, a valid visa issued by the head of a diplomatic mission abroad or the Minister for Foreign Affairs of Japan. Secondly, the activities the individual intends to engage in within Japan must not be falsely represented in their application. Thirdly, these activities must correspond to one of the statuses of residence stipulated by the Japanese Immigration Control and Refugee Recognition Act. Fourthly, the planned duration of stay in Japan must conform to the provisions of the law. Lastly, the individual must not fall under any of the grounds for denial of landing, which will be discussed later.

The actual inspection is conducted by immigration officers at Japanese airports and seaports. Foreign nationals must provide personal identification information, such as fingerprints and photographs, when applying for landing. Subsequently, through interviews and other assessments by immigration officers, it is determined whether the individual meets the aforementioned five conditions for landing. If an immigration officer certifies that all conditions are met, a “landing permission” stamp is placed in the foreign national’s passport, which then legally allows them to land in Japan for the first time. This series of processes, from visa application to the final inspection at the border, is designed to ensure that foreign nationals entering Japan meet all the legal requirements.

Ensuring Fairness and Safety: Grounds for Denial of Entry in Japan

Among the five conditions for entry, a particularly important role in maintaining Japan’s safety and public order is the requirement not to fall under the grounds for denial of entry. Article 5 of the Japanese Immigration Control and Refugee Recognition Act (1982) specifically enumerates types of foreigners who should not be granted entry from the perspective of protecting the interests of Japanese society. This provision legally ensures the aspect of ‘strict control’ in immigration management.

The grounds for denial of entry are diverse, but according to the organization by the Immigration Services Agency of Japan, they can mainly be classified into the following categories. First, those who are deemed undesirable for entry from a public health perspective, including patients with specific infectious diseases. Second, individuals recognized as having strong antisocial tendencies, such as members of organized crime syndicates. Third, those who have a history of being deported from Japan or have been sentenced for serious crimes domestically or abroad. This serves as an important criterion for assessing the risk of reoffending and compatibility with Japan’s legal order. Fourth, individuals who are believed to potentially engage in activities that harm Japan’s national interests or public safety, with terrorists and those involved in espionage activities being typical examples in this category. Lastly, cases based on the principle of reciprocity. These provisions demonstrate that Japan’s border control functions not merely as a management of people’s movement but as a vital line of defense to protect the nation from various threats.

Management of Foreign Nationals Residing in Japan

When foreign nationals obtain landing permission to reside in Japan, their activities are legally defined by the “status of residence” determined at the time of landing. This status of residence system forms the core of residence management. In parallel, companies and the foreign nationals themselves are subject to several important administrative notification obligations aimed at accurately understanding the residency status.

One such obligation is the “notification by the affiliated organization” based on Article 19-16 of the Japanese Immigration Control and Refugee Recognition Act. This provision mandates that companies employing foreign nationals as mid-to-long-term residents, or educational institutions accepting them, must notify the Immigration Services Agency of Japan within 14 days of either the commencement or termination of the contract with the foreign national (for example, when an employee resigns).

In a corresponding manner, Article 19-17 of the same law stipulates the “notification by mid-to-long-term residents.” This requires foreign nationals themselves to notify within 14 days of any changes in the name or location of the affiliated organization, the dissolution of the organization, or their departure or transfer from the organization.

These notification obligations are not merely administrative procedures. They function as an extremely important data collection mechanism for the government to grasp the movements of foreign talent within Japan almost in real-time. By obtaining information from both companies and individuals, the accuracy of the data is ensured, and it becomes possible to quickly detect if a foreign national has potentially lost the legal basis for their residency (for example, if they have resigned from a company and have not found a new job). For companies, neglecting this notification is not just a procedural violation but can be seen as a failure to cooperate with the residency management system that underpins national security and economic policy, potentially leading to adverse evaluations in future residency qualification applications.

Furthermore, when foreign nationals residing in Japan wish to temporarily leave the country and re-enter with the same status of residence, they generally need to obtain “re-entry permission” in advance. By utilizing this system, set forth in Article 26 of the Japanese Immigration Control and Refugee Recognition Act, it is possible to re-enter while maintaining the status of residence held before departure.

The Scope of Administrative Discretion: Key Japanese Court Cases

Understanding the operation of Japan’s immigration administration is crucial, and the Supreme Court of Japan’s precedents defining the extent of discretionary powers held by administrative agencies, especially the Minister of Justice, are extremely important. A representative case is the Supreme Court’s decision on October 4, 1978 (Showa 53), commonly known as the McCarran Case. In this case, the Supreme Court acknowledged that the Minister of Justice has a very broad discretion in deciding whether to permit the renewal of a foreign national’s period of stay.

The court’s reasoning was that in order to decide on the renewal of the period of stay, it is necessary to comprehensively consider not only the individual circumstances of the applicant but also a variety of highly public factors such as the political, economic, and social situation within Japan, international relations, and diplomatic considerations. The court concluded that such highly policy-oriented decisions are most appropriately left to the specialized and policy-based discretion of the Minister of Justice, who is responsible for immigration administration.

Furthermore, the decision strictly limited the circumstances under which the court could intervene in the Minister’s decision. The court held that it could only overturn the decision if it was “clearly lacking any factual basis or was patently unreasonable in light of social conventions.” This very high threshold effectively protects the administrative decision from judicial review to a significant extent.

The practical implications of this precedent are profound. It means that it is extremely difficult to overturn decisions such as denials of residency status through litigation. Therefore, for companies to smoothly facilitate the acceptance of foreign talent, it is strategically crucial to adopt a proactive and preventive approach, preparing persuasive documentation that fulfills all requirements at the application stage and ensuring thorough compliance with notification obligations, rather than relying on retrospective litigation. This case is perhaps the clearest example of how the principle of national sovereignty is concretized in domestic judicial decisions in Japan.

Summary

The Japanese Immigration Control and Residency Management system is a complex legal and administrative framework built upon the principle of national sovereignty, designed to balance the dual objectives of economic demands and national security. Its operation is entrusted to the Immigration Services Agency of Japan, which aims to achieve both strictness and smoothness under the broad discretionary power of the Minister of Justice. Understanding this system accurately and responding appropriately is an essential management issue for companies expanding their business globally.

At Monolith Law Office, we have a wealth of experience in advising numerous domestic clients on legal issues related to the Japanese immigration control system, as discussed in this article. Our firm is staffed with professionals who are fluent in English and hold both Japanese attorney qualifications and foreign legal qualifications, enabling us to provide comprehensive legal support that integrates deep insights into domestic law with an international perspective. If you are facing challenges with the complexities of immigration control and residency management, please do not hesitate to consult with our firm.