Hi everyone,
I’m in a bit of a peculiar situation at the moment, I was working in Japan and had a valid work visa until 2024. Due to some unforeseen circumstances, I had to take family related leave and go back to my home country and had a plan to return. I provided all the documentation they needed to verify the reasons I was going and what they needed, so when I left Japan – I told the immigration officer I will be coming back. A bit before the time I was supposed to return, I started to have some health problems come up and my doctor recommended I don’t fly back yet until they determine what’s going on. I asked my work for a bit more time to get these health affairs in order and they told me if I can’t come back within this month, my contract will be terminated. My apartment still has all my things, and I’ve paid up to the end of this month either way but it was found via the company I work for.
It’s kind of hard to deal with especially with the health issues, so I’m worried about a few things:
1. Will my visa automatically deactivate because I’m out of the country? I know if someone is laid off, they can visit immigration and tell them they’re trying to find another job within a few months. I was hoping to return to work, even if it was another job.
2. Will I get any penalties or bans from Japan because I technically wasn’t able to do the proper exit requirements (even though my intention was to return, and still is… my current work just doesn’t want to wait because they’re afraid my health won’t allow me to do my job anymore so they told me I have to be back by the 30th).
I’m hoping to find another job, but don’t know how long I would have considering I’m out of the country at the moment but I already started just in case. Tried finding info but I’ve been struggling with that at the moment, was hoping if someone had any personal experience or real world knowledge that would help. Thank you!
3 comments
Any help is greatly appreciated, thank you!!
>1. Will my visa automatically deactivate because I’m out of the country?
Your visa automatically deactivated when you first used it to enter Japan.
Your status of residence will expire if you’ve been out of Japan for a year or more without a 5year re-entry permit (the one you pay for, not the special re-entry permit you get at the airport when you leave).
>I know if someone is laid off, they can visit immigration and tell them they’re trying to find another job within a few months.
You’re meant to notify immigration within two weeks if you lose your job. Looking for work is something that is part of your status of residence though so you’ll usually not run into any immigration issues until your status of residence expires. You still need to notify them though.
>Will I get any penalties or bans from Japan because I technically wasn’t able to do the proper exit requirements
You will owe taxes that you’ll need to pay. If you are late or don’t pay them at all then you could have issues on future visa applications or renewals of your status of residence. Not to mention what ever other debts you’re ringing up by not cancelling services.
1) you’re status of residency (SOR) won’t be automatically revoked. You have to inform immigration within 14 days after you final day with your current employer. The process you follow depends which SOR you’re on. You can check these links here:
https://www.isa.go.jp/en/applications/procedures/nyuukokukanri10_00015.html or https://www.isa.go.jp/en/applications/procedures/nyuukokukanri10_00014.html
You will then need to (somehow as maybe difficult whilst out the country) enroll in an pay national health insurance and national pension at your local registered municipality/ward office. This is because you *should* still a registered resident. Right?
Also you’re going to have to sort out what happens with the remaining of your 2021 resident tax bill. Billing started June 2022. It’s likely your employer are withholding resident tax via “special collection” from your monthly salary. Should they not withhold what remains from your final salary then you need to sort out paying that with your local registered municipality/ward office. If your employer is doing “special collection” and say your contract ends the end of this month (august 2022) then it means you’ve paid 3/12th (June 2022, July 2022 and august 2022) resident tax. Meaning you still owe 9/12th of the bill. Easiest would be to request your employer deduct that remaining 9/12th from your final salary on account of you not physically being in the country to sort that out with your billing municipality/ward.
Then as per Article 22-4 of the ‘Immigration Control And Refugee Recognition Act’ “Revocation of Status of Residence” means you have 3 months before of not actively enraging in your status of residency* before immigration can start the process to revoke your SOR.
*actively engaging means 1) being employed, 2) being employed but on paid/unpaid leave eg child care leave, or medical leave, or some other long-term leave where you’re still technically employed by your employer, or 3) actively looking for work in Japan and attending interviews in Japan
Being overseas DOES NOT excuse you from this law. In fact it maybe worse because it’s going to look like you’re a “resident for convenience” Maintaining residency in Japan but on a long holiday overseas. So why you need to do is, if you lose your job make sure immigration are aware you’re overseas because you’re Ill health, overseas they are just going to think you’re a resident of convenience on a long overseas holiday.
If you don’t return before your “1 year special re-entry permit” expires (I assume you got that free one at the airport hence why I assume you’re still a resident) OR when your SOR (resident card) naturally expire, then your automatically SOR expires. So make sure to return before either on them expire.
2) in a way, yes. You left obtaining a 1 year special re-entry permit so you declared and signed your intent to return within 1 year. On your departure card I.e you’re still a resident of Japan so whilst still a resident of Japan you MUST follow the instructions I gave you above in point 1 (paying your taxes, health insurance and pension).
To cease residency you’re going to have to call your municipality/ward office and see if they will remove you from the resident register. You’re then going to have to have technically been gone for at least 1 year before you return, which this technically means your SOR will expire because you only have a “1 year special re-entry permit”.
But you can call immigration and see if they will let you switch from a 1 year special re-entry permit to a re-entry permit: https://www.isa.go.jp/en/applications/procedures/16-5.html but it’s up to them if they allow that.
TLDR: notify immigration within 14 days after you final day with current employer. pay your required taxes and bills each month, even whilst out the country, return to Japan ideally within 3 months after you final day with current employer, but make sure immigration know you’re sick. Make sure your Resident card or 1 year special re-entry permit don’t expire whilst out of Japan.