Zero Overstayer Plan Explanation Published | Enhanced Crackdown and Corporate Response

On August 31, 2026 (Reiwa 8), the Immigration Services Agency published explanatory material for the “Zero Illegal Overstayers Plan ~Strong Promotion Package~”. While the package itself was announced on May 22, 2026, this explanation has made it possible to understand the underlying figures and specific details of each measure.

In this article, we will organize from primary sources what aspects will be practically effective for both foreign nationals themselves and HR professionals at companies. This is not irrelevant even for those legally residing and companies employing them properly. Especially for companies, the stricter penalties for the Crime of facilitating illegal employment, effective from April 1, 2027, will be the most important point.

The overall framework of the policy is covered in “Second Immigration and Residence Management Basic Plan | Key Points of the Revision after 7 Years“. This article is a detailed discussion focused on measures against illegal overstayers within that plan.

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1. What was Published on August 31, 2026, was an “Explanation”

First, we will clarify the positioning of this publication. As the names are similar and easily confused, please keep track of the timeline.

Date	Published/Decided Item
May 23, 2025	“Zero Illegal Overstayers Plan for the Safety and Security of the Nation” published
November 2025	Instruction from the Prime Minister to the Minister of Justice for “Strong Promotion of the Zero Plan”
January 23, 2026	“Comprehensive Measures for the Acceptance of Foreign Nationals and Orderly Coexistence” decided
May 22, 2026	“Zero Illegal Overstayers Plan ~Strong Promotion Package~” published
August 31, 2026	“Explanation” for the above package published (Theme of this article)

The explanatory material was compiled by the Ministry of Justice, describing the background leading to the formulation of the package and adding supplementary explanations to each item. The document is dated August 2026.

In other words, this publication does not mean that laws or systems have newly changed. Its positioning is that the underlying figures and operational direction have become clear regarding measures that had already been announced. However, as described later, it contains descriptions directly relevant to corporate practice.

2. Current Situation in Figures — Breakdown of Approximately 68,000 Illegal Overstayers

The starting point of the explanatory material is an analysis of the factors influencing the increase or decrease in the number of illegal overstayers. As of January 1, 2026, the number of illegal overstayers is stated to be approximately 68,000.

2-1. Increasing Side (Those who newly became illegal overstayers in 2025: Approximately 13,000 people)

• Those who were granted Permission for Landing with the Status of Residence of “Temporary Visitor” from visa-exempt countries and subsequently overstayed illegally: Approximately 3,900 people
• Those who were granted Permission for Landing with the Status of Residence of “Temporary Visitor” from visa-required countries and subsequently overstayed illegally: Approximately 600 people
• Those who were granted the Status of Residence of “Technical Intern Training” and subsequently overstayed illegally: Approximately 3,200 people
• Those with a history of applying for refugee status: Approximately 2,500 people

2-2. Decreasing Side (Those whose illegal overstay was resolved in 2025: Approximately 17,000 people)

• Those who departed under a departure order: Approximately 9,800 people (a system allowing departure through simplified procedures without detention, provided certain requirements are met)
• Those who were deported after receiving a deportation order: Approximately 6,600 people

2-3. Breakdown of “Triggers” Leading to Procedures

This is the most indicative figure in practice. The breakdown by circumstances that led to deportation procedures or departure order procedures being taken in 2025 is as follows:

Trigger	Number of people	Percentage
Self-reporting (personal appearance by the individual)	Approximately 11,000 people	62.8%
Handover from police or other relevant agencies	Approximately 4,800 people	28.1%
Immigration Services Agency’s sole or joint crackdown with police, etc.	Approximately 1,500 people	9.1%

Over 60% of the triggers leading to procedures are “self-reporting by the individual,” while those due to crackdowns remain at about 10%. The addition of “Strengthening Crackdowns” as a new measure in this package can be interpreted as an an intention to change this structure.

3. “Strong Promotion Package”: 8 Measures

The package, like the Zero Plan, lists 8 countermeasures, divided into three stages: “Immigration Control,” “Residence Management and Refugee Screening,” and “Departure and Repatriation.” It also clarifies whether each corresponds to a “measure to prevent an increase in illegal overstayers” or a “measure to reduce them.”

Stage	Measure	Positioning
Immigration Control	(1) Early introduction of Electronic Travel Authorization System (JESTA)	Prevent increase
Immigration Control	(2) Engagement with countries with many foreign nationals whose deportation has been finalized	Prevent increase / Reduce
Residence Management and Refugee Screening	(3) Expediting refugee status application screening	Prevent increase / Reduce
Residence Management and Refugee Screening	(4) Digital Transformation (DX) of Immigration and Residence Management	Prevent increase / Reduce
Departure and Repatriation	(5) Promotion of state-funded repatriation with escort officers	Reduce
Departure and Repatriation	(6) Promotion of voluntary return utilizing the new system under the revised Immigration Control Act	Reduce
Departure and Repatriation	(7) Prevention of illegal employment by those provisionally released	Reduce
Departure and Repatriation	(8) Strengthening Crackdowns [New]	Reduce

The explanatory materials describe the following main points:

4. Details of the New Measure: “Strengthening Enforcement”

(8) “Strengthening Enforcement” was not included in the Zero Plan of May 2025, but has been newly added as a new measure to be prioritized in this package. The explanatory materials list the following three points:

1. Strengthening Joint and Immigration-Only Enforcement: While strengthening joint enforcement with relevant agencies, it is stated that accompanying local governments when they conduct on-site inspections at workplaces where foreign nationals are employed based on various industry laws will also be considered. Furthermore, it is stated that joint enforcement with the police and other agencies, as well as immigration-only enforcement, will be strengthened after reinforcing the system.
2. Realization of Cyber Patrols: It is stated that the use of information obtained through cyber patrols to prevent illegal employment (and its facilitation) and to lead to effective enforcement will be considered.
3. Consideration of Measures to Promote Information Provision and Reporting: While national and local government officials have a duty to report foreign nationals whom they believe fall under grounds for deportation when performing their duties, it is stated that this will be re-publicized, and further promotion of information provision regarding those who facilitate illegal employment will be considered.

Furthermore, in (7) “Prevention of Illegal Employment by Provisional Releasees,” it is stated that the Immigration Services Agency will collaborate with prefectural labor bureaus and other organizations that are strengthening efforts to optimize the Foreign Worker Employment Notification system, and will actively carry out enforcement when employers suspected of violating the Immigration Control Act are identified.

From a business perspective, a practical key point is that it is envisioned that the Immigration Services Agency will not only conduct inspections independently, but also collaborate with labor bureaus, local governments, and the police, and initiate investigations based on information from the internet.

5. Impact on Businesses ①: Crime of Facilitating Illegal Employment to Be Stricter from April 1, 2027

For HR professionals in businesses, this is the most important point. The explanatory materials’ footnotes clearly state the increase in statutory penalties for the Crime of facilitating illegal employment.

Item	Current	From April 1, 2027
Imprisonment	Up to 3 years	Up to 5 years
Fine	Up to 3 million yen	Up to 5 million yen
Concurrent Penalty	—	Concurrent penalty possible (from Immigration Services Agency’s “Outline of the Revised Act”)

The basis for the increase is the revised law that established the Employment for Skill Development (ESD; Japanese: Ikusei Shuro) Program. The Immigration Services Agency’s “Outline of the Revised Act (Establishment of the ESD Program, etc.)” also states, under “Stricter Penalties for the Crime of facilitating illegal employment,” “Imprisonment of up to 3 years or a fine of up to 3 million yen → up to 5 years or up to 5 million yen *Concurrent penalty possible.” This applies from April 1, 2027, the same date as the start of the Employment for Skill Development (ESD) Program.

Furthermore, the explanatory materials also touch upon the following two points:

• Ignorance is no excuse: Even if an employer did not know that a foreign national they intended to employ was an illegal worker, it is stated that they will not be exempt from punishment if there is negligence, such as failing to check the Residence Card.
• Foreign business owners subject to deportation: Foreign business owners who employ illegal workers or facilitate illegal employment are stated to be subject to deportation.

The start of the Employment for Skill Development (ESD) Program (April 1, 2027) is often discussed as “the day when new talent can be accepted,” but it also has the aspect that the responsibilities of the accepting side will become heavier from the same date.

6. Impact on Businesses ②: Disqualifying Factors for Licenses/Permits and Stricter Notification Requirements

Taking it a step further, the explanatory materials contain the following descriptions:

• It will be considered to propose including the Crime of facilitating illegal employment in the disqualifying factors of each industry law (the package itself clearly states that a Law Revision is necessary).
• Measures against inappropriate yards: In cooperation with relevant ministries and agencies, it will be considered to implement on-site inspections, etc., against inappropriate scrap yards, etc.
• The Measures Package against Illegal Employment (announced on May 22, 2026) puts forward “strengthening measures against forged or altered Residence Cards” and “strict enforcement of the Foreign National Employment Notification system.”

Regarding disqualifying factors, in the sense that receiving a fine could lead to losing the license/permit itself, this carries an impact greater than the amount of the penalty for businesses that require licenses/permits, such as construction, industrial waste processing, accommodation, and transportation industries. However, at present, it is at the stage of “considering proposing,” and a Law Revision is a prerequisite. Please note that this is not a finalized system.

Furthermore, the Notification of Foreign National Employment is mandated for employers based on the Act on Comprehensive Promotion of Labor Policies, Stabilization of Employment of Workers, and Enrichment of Workers’ Vocational Lives (Labor Policy Comprehensive Promotion Act) when hiring or separating from foreign workers (excluding those with Status of Residence “Diplomat,” “Official,” and Special Permanent Resident), and failure to submit the notification or submitting a false notification is subject to a fine of up to 300,000 yen.

6-1. What Businesses Can Check Immediately

For the basics of notifications and Residence Card confirmation, please refer to “[2026] Points to Note for Foreign Employment | Notifications for SMEs and Residence Cards” for details. If part-time job employment is involved, please also check “What is Permission for Activities Outside Status of Residence? | How to Count 28 Hours Per Week and Application Procedures“.

7. Impact on Foreign Nationals

For those legally residing in Japan, this package does not immediately change their rights and obligations. However, the following points may affect future practices.

7-1. Stricter Immigration Review and Direction of DX

• Further strict enforcement of the immigration review for Application for Certificate of Eligibility is being considered. When inviting family members or employees from overseas, the consistency of documents and explanations may be questioned more than ever before.
• After the introduction of JESTA, information from entry to exit will be centrally managed, and its utilization for identifying illegal overstayers, etc., is being considered. For family members and business partners visiting Japan on a Temporary Visitor Status of Residence, pre-authorization procedures will be required in the future (target for introduction by FY2028).

7-2. Proper Management of Residence Cards

The Measures Package against Illegal Employment calls for strengthening measures against forged or altered Residence Cards. For the individual concerned, reliably fulfilling basic obligations such as the duty to carry the Residence Card and various notifications including changes of address is a form of self-defense.

7-3. Not letting extensions/changes expire is the best defense

New occurrences of illegal overstay include cases where Application for Extension of Period of Stay or Application for Change of Status of Residence were denied (approximately 500 people, 3.5%). Last-minute applications or delays in responding after a Denial directly lead to the risk of losing one’s Status of Residence. Our office recommends starting preparations approximately 45 days before the expiration date of the Period of Stay (See “[2026] When to Apply for Extension of Period of Stay? 45 Days Before is a Guideline“).

8. Options for Those Who Have Already Lost Their Status of Residence

While this is a topic that requires careful handling, it is important to accurately understand the existing frameworks within the system. The explanatory materials include descriptions of the following three procedures.

Procedure	Overview	Period of Landing Prohibition
Deportation	Deported upon issuance of a deportation order	Generally 5 years (may be 10 years depending on circumstances)
Departure Order	If a person wishes to return to their home country and meets certain requirements, they can depart through a simplified procedure without being detained.	Generally 1 year
Decision to Shorten Period of Landing Prohibition	Can be applied for by a person who has received a deportation order and intends to depart voluntarily at their own expense (Immigration Control Act, Article 52, Paragraph 5).	5 years → 1 year (excluding cases where the person intends to land under the Status of Residence “Temporary Visitor”)

The Decision to Shorten Period of Landing Prohibition is limited to those who have not been previously deported or departed under a Departure Order, and is made when deemed appropriate after considering the applicant’s conduct, the facts that led to the deportation, and other circumstances.

The explanatory material states that for persons provisionally released or under supervision, if it is determined that they no longer meet the legal requirements due to changes in circumstances, the policy is to detain them by revoking their provisional release or supervision order, and then persuade them to return to their home country. As a reference, the number of persons provisionally released after receiving a deportation order was 1,987, and the number of persons under supervision was 894 as of the end of 2025.

9. Immediate Actions to Take

9-1. For HR Professionals at Companies

1. By April 1, 2027, document the Residence Card verification flow during hiring and the method of storing records (as negligence may not exempt from punishment, “proof of verification” will be essential).
2. Create a list of Period of Stay expiration dates and implement a system to issue alerts 45 days before expiration.
3. Review the status of Foreign Worker Employment Notifications at the time of hiring and separation, going back to past records.
4. For foreign nationals accepted through dispatch or contract, clarify the division of verification responsibilities at the contract level.
5. For licensed businesses, continuously monitor trends in Law Revisions related to disqualifying factors.

9-2. For Foreign Nationals

1. Check the Period of Stay expiration date and start preparing for renewal 45 days in advance.
2. Ensure compliance with the obligation to carry the Residence Card and to notify changes in address, etc.
3. If engaging in part-time jobs or other activities, confirm that they are within the scope of the Permission for Activities Outside Status of Residence.
4. If you receive a Denial notice, do not ignore it; consult promptly.

10. Frequently Asked Questions (FAQ)

Q1. Did the law change with the announcement on August 31, 2026?

No. What was published this time is an explanatory material regarding the package announced on May 22, 2026. It is not a change to the system itself. However, the explanation includes contents of Law Revisions that have already been finalized, such as the stricter penalties for the Crime of facilitating illegal employment, which will apply from April 1, 2027.

Q2. When will the stricter penalties for the Crime of facilitating illegal employment take effect?

The explanatory material states that from April 1, 2027, the penalties will be raised to imprisonment for up to 5 years and a fine of up to 5 million yen. This is the same day as the start of the Employment for Skill Development (ESD) Program.

Q3. If a company verifies the Residence Card, will it not be held responsible?

That cannot be definitively stated. The explanatory material states that punishment cannot be avoided if there is negligence, such as not verifying the Residence Card. Verification is essential, but responsibility may be questioned due to other circumstances, such as if the company allowed work beyond the permitted scope even after verification.

Q4. If enforcement is strengthened, will it affect foreign nationals working legally?

If the Status of Residence and employment are legal, it is not an issue in itself. However, there is a possibility that the opportunities to be asked to present the Residence Card during on-site inspections or verification will increase. Adhering to the obligation to carry the card and being able to explain that activities are within the scope of their work authorization will lead to peace of mind.

Q5. When will JESTA start?

The explanatory material states that the aim is to introduce it during fiscal year 2028, with design and development work having started in April 2026. The start date may change in the future.

Q6. Does this also apply to companies in Miyazaki Prefecture?

Yes. The strengthening of enforcement is not a measure limited to specific regions, and cooperation with Prefectural Labor Bureaus, etc. is advocated. Any business employing foreign nationals can be subject to inspection, regardless of location.

11. Summary

While this explanatory document does not create new regulations, it is a document in which the government clearly states “which figures it will look at and where it intends to focus its efforts.” The practical conclusion for businesses is simple: by the stricter penalties on April 1, 2027, it is essential to establish a “record-keeping system” for three points: Residence Card verification, Period of Stay management, and Notification of Foreign National Employment.

For foreign nationals themselves, ensuring that extensions and changes are not missed, and reliably submitting notifications regarding their Residence Card, serves as self-protection. By correctly understanding the purpose of the system and making necessary preparations in advance, there is no need to be overly anxious.

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This article is written based on publicly available information as of September 2026. The details of the system and its implementation period may change in the future. For actual applications, please confirm with the official information from the Immigration Services Agency or our office.

Author of this article: Administrative Scrivener Authorized to File Applications Satoshi Nakayama
Representative, Administrative Scrivener Corporation Miyazaki International Legal Office
Location: Miyazaki City, Miyazaki Prefecture