🇯🇵 What Is “Provisional Stay”? Can You Really Stay in Japan That Long?? 😳

📅 Written on Friday, November 7, 2025

🌤️ Today’s weather in Tochigi is clear and crisp—perfect autumn air.
The cool morning breeze really sharpens the mind.
…Or maybe that just means I have nothing else to talk about 😅

I’m here today for the first interview for a naturalization application 🚗💨
Though to be honest, I’m just the driver this time.
Afterward, I’m hoping to reward myself with Sano ramen 🍜 and a hot spring soak ♨️.


🪪 What Is a “Provisional Stay”?

Simply put,
👉 It’s permission that allows a foreign national without a residence status to stay temporarily in Japan.

For example, when someone applies for refugee recognition 🕊️,
they may be granted provisional stay,
which means they can legally remain in Japan during the process.
In other words, the deportation procedure (forced removal ✈️) is temporarily suspended.


⚖️ Does the Minister of Justice Have to Approve It?

Yes.
When a person applies for refugee recognition,
the Minister of Justice must grant provisional stay.
This is what’s called a “bound act” (kisoku kōi) 📘 —
an action where the authority has no discretion and must follow the law.
In short: “You can’t decide based on personal preference 🙅‍♂️.”


🚫 However, There Are Cases Where It’s Not Approved!

Provisional stay may be denied in the following situations ⚠️:

⏰ When the refugee application is filed more than 6 months after entering Japan
🌍 When the person did not come directly from a country where they faced persecution
📜 When a deportation order has already been issued
🏃 When there is a risk of escape

So, depending on the situation, provisional stay may not be granted.


🙅‍♀️ Important: The Applicant Cannot Request It Themselves!

The decision to grant provisional stay is made by the Minister of Justice,
not by the applicant.

Also, provisional stay only allows temporary residence.
It does not grant a full residence status for long-term stay in Japan.


💭 My Thoughts

I’m personally against the abuse of refugee applications.
Because false or insincere filings can block the way
for those truly fleeing persecution and suffering.

Under the new administration, immigration policies may become stricter.
However—
💪 Those who live sincerely and follow the rules have nothing to fear.

Many foreign residents are hardworking and talented.
It’s painful to see them misunderstood because of the few who act irresponsibly.

🌈 Let’s stay informed and continue living safely and confidently in Japan.


📖 Reference
Yasuji Yamawaki (2020), Immigration Control Law and Practical Labor Management for Foreign Workers, Nihon Kajo Publishing.

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