Special “Grace Period” After Visa Expiry in Japan: 30 Days or 31? Common Misunderstandings Explained [2025 Edition]

Introduction

“Even if your residence card expires, you still have 30 days to stay in Japan.”
You may have heard this explanation at seminars or read it in online articles.
At first glance, it sounds reassuring—but in reality, it is not entirely correct.
If misunderstood, it can directly lead to the serious risk of overstaying illegally without realizing it.

So, what is the truth?
In fact, there is a system that allows a special “grace period” (deemed period of stay) if certain conditions are met after the expiration of your residence status.
However, not everyone is automatically eligible. The distinction between “30 days” and “31 days” in the granted period makes a difference in how the system applies.

Adding to the confusion is the 30-day departure preparation period granted after an application is rejected.
The “grace period” and the “departure preparation period” are completely different systems, but because both involve “30 days,” they are often mixed up.

In this article, from the perspective of a certified immigration lawyer who has handled many procedures with the Immigration Services Agency, we will carefully explain:

• The legal basis and overview of the deemed period of stay
• The real reason behind the “30 days” vs. “31 days” distinction
• How it differs from the 30-day departure preparation period after refusal
• Practical impacts and points to note
• Common misunderstandings and pitfalls

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What is the Deemed Period of Stay? (Legal Basis and Overview)

First, let’s clarify what the so-called “grace period” actually means.

• Legal Basis: Immigration Control and Refugee Recognition Act (Immigration Act), Article 20, Paragraph 6
• Content: If an application for extension, change of status, or permanent residency is submitted before the expiration date, the applicant will be treated as if they still hold the same status of residence while the application is pending.

Normally, staying even one day beyond the expiration date is considered illegal overstay.
However, if the application has been accepted before the deadline, you are exceptionally treated as still holding valid residence status. This is what is commonly referred to as the “grace period” or “deemed period of stay.”

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Immigration Act Article 20, Paragraph 6

The law provides:

“During the period until the day on which a decision is made to permit or not to permit the extension of the period of stay or the change of status of residence, within the scope not exceeding 30 days from the day following the expiration date of the period of stay, the foreign national shall be deemed to continue to hold their previous status of residence.”

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Dual Limitations under the Law

From this, the deemed period of stay has two restrictions:

1. Up to 30 days after the expiration date
2. Or until the decision date (approval or rejection)

👉 The shorter of the two will apply.

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“Month-End Adjustment” and Why It Can Be Nearly 2 Months

In practice, there is an additional operational rule: if the status expires at the end of the month, the Immigration Bureau counts the end of the following month as the expiration date.

• Example: Expiration on March 31 → counted until April 30

As a result, although the law states “30 days,” in practice this adjustment can make the deemed stay almost 2 months long.

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Key Points

• The deemed period is not an extension but a special legal fiction during application processing
• Legally: “30 days or the decision date, whichever is shorter”
• In practice: Month-end adjustment may stretch it close to 2 months

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The Real Difference Between “30 Days” and “31 Days”

This is where much confusion arises.

30-Day Statuses

• Example: Temporary Visitor (30 days)
• Not eligible for the deemed stay
• Even if an application is filed, no grace period applies → beyond the deadline = illegal overstay

31 Days or Longer Statuses

• Example: Spouse Visa (1 year), Engineer/Specialist (1 year), Permanent Residency application
• Eligible for the deemed stay
• If filed before expiration, the deemed status applies and lawful stay can continue for up to nearly 2 months

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How Month-End Adjustment Works

Residence periods are calculated by calendar dates, not simple day counts.
The Immigration Bureau grants status in months or years, based on the same date.

• 1-year stay → Expires on the same day, the same month, the following year
• 3-month stay → Expires 3 months later on the same day

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The 31-Day Problem

When the period begins on a date that doesn’t exist in the following month (e.g., February), the issue arises.

Example: A 1-month status starting January 31, 2025, should expire on February 31, 2025—but February has no 31st.

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The Solution: Count the Next Month’s End

To resolve this, the Bureau applies the rule: if the corresponding date does not exist, use the last day of the following month.

• January 31 → February 28/29
• March 31 → April 30
• May 31 → June 30

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Result: Why It Looks Like “31 Days is OK”

This means that only those whose status ends on the 31st are carried over to the next month’s end, which makes it appear as though they get a longer period.

So in practice:

• 30-day expiry → Ends on the 30th of that month
• 31-day expiry → Rolled over to the next month’s end (28, 29, or 30)

→ Hence, the widespread saying: “If it’s 31 days, you’re safe.”

⚠️ However, this is purely a calendar adjustment for residence periods and has nothing to do with the deemed stay (grace period) explained earlier.

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The 30-Day Departure Preparation Period After Refusal

Another system often confused with the deemed stay is the departure preparation period.

Overview

• After an application is denied, the Immigration Act grants a 30-day departure preparation period
• During this time, staying in Japan is legal, but without a valid residence status
• Work is strictly prohibited
• Staying beyond the 30 days = illegal overstay

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Comparison Table

Item	Deemed Period of Stay (Grace Period)	Departure Preparation Period
Legal Basis	Immigration Act, Art. 20(6)	Immigration Act, Art. 59 etc.
Nature	Deemed to still hold residence status	No status, mere tolerance
Activities	Same as before the application	Work prohibited
Eligible	Holders of residence status valid 31+ days	Anyone whose application is denied
Length	Up to 30 days (sometimes nearly 2 months with month-end adjustment)	30 days fixed

👉 Whether you had the grace period or not, once your application is denied, all you have left is the 30-day departure preparation period.

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Practical Implications

Case 1: 30-Day Residence Status (Temporary Visitor, etc.)

• Not eligible for the deemed stay
• Once the expiry comes → immediate overstay
• Only the 30-day departure preparation period remains after refusal

Case 2: Status of 31 Days or Longer (Work, Spouse, Permanent Residency, etc.)

• Eligible for the deemed stay while the application is pending
• Once denied → switches to departure preparation period (30 days)
• Key requirement: the application must be accepted before the expiry date

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Common Misunderstandings and Pitfalls

• “You automatically get 30 days after expiry.” → ❌ Only applies if you meet the conditions
• “The grace period continues even after refusal.” → ❌ Ends immediately once denial is issued; only departure prep remains
• “31 days means an extension.” → ❌ It’s not an extension, but a combination of the deemed stay and the month-end adjustment rule

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Conclusion and Caution

• The deemed stay is not an “extension,” but a special legal fiction while your application is under review
• It only applies to statuses of 31 days or longer
• 30-day statuses are not eligible
• Once refused, all you have is the 30-day departure preparation period
• Misunderstanding this can directly lead to illegal overstay

👉 If you are uncertain about your visa expiration or the timing of your application, do not rely on assumptions. Consult a professional before it’s too late.

Ishinagi Administrative Scrivener Office

If you would like to renew or change your work visa quickly and reliably, or if you feel uncertain about the application process, please feel free to consult with our office in Yodogawa-ku, Osaka. We provide support for clients from all over Japan, making use of our extensive experience in dealing with the Immigration Bureau.

If you wish to proceed with your work visa renewal or change of status smoothly and with confidence, please do not hesitate to contact us.

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