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ava77 · Joined: 03 Jun 2005 Posts: 100

What is the likelyhood of being put in jail for overstaying in Japan? Do they give you a chance to get the money to return home?

PAULH · Joined: 28 Jan 2003 Posts: 4672 Location: Western Japan

lahermit · Joined: 27 Dec 2004 Posts: 8 Location: Brazil

I overstayed for 6 years. I turned myself in to immigration last year in July. I just had to fill out some forms and was interviewed. Mainly they just wanted to know: why I came to Japan, why I overstayed, where I worked, and why I wanted to go leave Japan now. All together I had to make 3 trips to the immigration office. Nerve-racking!! On the 2nd trip they told me to reserve an airplane ticket for a flight for the next week and to call them by 5PM the next day with the info: flight number, travel agency, etc. On the 3rd visit I had to show them my ticket and they stapled some paper in my passport, allowing me to leave Japan. I left the next week with my cat, no problems.

I think if you get caught on the streets or if you go directly to the airport without turning yourself in first, immigration will put you in jail for about 5 days, like the San Francisco couple. If you are overstaying now, don't ride a bicycle!! I read somewhere that's the number one way people get busted for overstaying.

JimDunlop2 · Joined: 31 Jan 2003 Posts: 2286 Location: Japan

Yup.. Lahermit spelled it out pretty accurately.

IF you overstay and wish to go home, make sure you go to immigration... You should expect at least 2 interview sessions and an ultimatum by when to leave the country. But IF you get caught by anyone else, let's say the police, on even something as small as jaywalking, you can expect to do some in detention before you are deported.

I know several people who have had this happen to them.. It's no fun... It's not prison, but it ain't the Hilton either. Wouldn't want it to be me. Individual cases will vary. One fellow was sent home within a couple weeks but the other was detained for a few months before they put him on a plane.

pjm · Joined: 04 Mar 2005 Posts: 17

I had a conversation with a woman who informed the authorities that her Canadian ex-boyfriend was overstaying in the country. He was rounded up and put in what equates to immigration jail for two weeks. He was in a large room/ cell with various degrees of criminal from several countries. At night they turn off all light sources in that part of the facility. Pitch black. Eventually they escorted him in handcuffs to a flight home.
My last conversation with the woman who told on him. If you overstay and get caught you will lose your freedom until you leave the country.

Vince · Joined: 05 May 2003 Posts: 559 Location: U.S.

Things have changed a lot. I knew a few people who accidentally overstayed and, after a review and a stern warning, were given new visas under a special permission clause. I knew one guy who overstayed three times and was given a new visa each time. That's not to imply the system was a joke, but that there was flexibility. Those days are gone. You might have heard that there's a perception of an increase in foreign crime. The Japanese government has gotten draconian about it. When I'm back in Japan, I'll have that date plastered all over as I wait out my permanent resident visa.

Now they're requiring short-term visitors to have their passport copied when staying at a hotel or inn, and it isn't uncommon for long-term residents to get asked too. It's definitely something to keep an eye on.

Akula the shark · Joined: 06 Oct 2004 Posts: 103 Location: NZ

The police and government have used foreign crime as a way to divert attention from their own incompetence in dealing with crime in general.
About 98% of crimes are committed by Japanese, which shows how cynical this policy is.
This is one way that the government can be seen to be doing something about the foreign crime problem, and they have become increasingly strict in recent times. The moral of the story. Don't overstay, even by a day.

Synne · Joined: 06 Apr 2004 Posts: 269 Location: Tohoku

ava77 · Joined: 03 Jun 2005 Posts: 100

he had a spouse visa but is now divorced.

taikibansei · Joined: 14 Sep 2004 Posts: 811 Location: Japan

Ava77, if the other individual had a spouse visa--though especially if this incident had occurred over two years prior--then the experience described has limited applicability to your own situation. As I understand it, you have an expired work visa, not to mention are in danger of being evicted for nonpay of your rent.

That's a bad combination, especially in a period when the Japanese government is trying to make examples (read "scapegoats") of recalcitrant foreigners. As I've shared in previous threads, you don't want to risk their making an example of you...Japanese jails are not happy places. Perhaps cutting your losses now and talking to immigration (or a lawyer--though the latter are very expensive) would be the best thing?

Good luck, whatever you decide to do.

lahermit · Joined: 27 Dec 2004 Posts: 8 Location: Brazil

Was Synne referring to me? I came on a tourist visa and I'm female. Got tired tired of visa runs and was denied entry once after one(Kansai Airport), so overstayed once I got in (Narita). Narita is lax.

At immigration saw a lot of different nationalities (China, Colombia, Korea, etc.) given the same treatment as me. Basically assembly line. I think if you turn yourself in, you only have problems if it's your second time overstaying (immigration office mentioned this) or if you came into Japan with a fake passport or by boat.