Writing a Statement of Reasons: Apology and Measures for Overwork Violations#

For foreign nationals residing in Japan, engaging in activities outside the scope of their permitted status—specifically, working hours exceeding the legal limit, known commonly as “overwork”—is one of the primary reasons for the denial of visa extension or change of status applications. While the fact of a past violation cannot be erased, submitting a sincere explanation and demonstrating genuine remorse to the Immigration Services Agency of Japan (ISA) may provide a chance for renewal. The critical document for this process is the “Statement of Reasons” (Riyusho) or “Letter of Apology” (Hanseibun).

This article provides an objective and detailed guide on how to structure a Statement of Reasons regarding past overwork, how to express remorse, and how to formulate preventive measures.

Understanding the Gravity of “Overwork” Violations#

Before drafting the statement, it is crucial to understand why overwork is treated with such severity. International students and those on “Dependent” visas who obtain “Permission to Engage in Activity Other Than That Permitted under the Status of Residence Previously Granted” are strictly limited to working within 28 hours per week (up to 40 hours per week is permitted only for students during designated long school holidays).

Working beyond these limits is a violation of the Immigration Control and Refugee Recognition Act. The Immigration Bureau can accurately track an applicant’s past income and working hours through official documents such as Taxation Certificates (Kazei-shomeisho) and Withholding Tax Slips (Gensen-choshu-hyo). Therefore, attempting to conceal the facts under the assumption that “Immigration won’t find out” is futile. Such concealment is often viewed as filing a false application, which can lead to the revocation of residence status or even deportation procedures.

Four Essential Elements of the Statement of Reasons#

When addressing an overwork violation, the Statement of Reasons must logically and sincerely include the following four elements:

1. Admission of Facts and Details
2. Cause of the Violation
3. Expression of Remorse
4. Preventive Measures

These points should be written objectively rather than purely emotionally.

1. Admission of Facts and Details (The “What”)#

The most important rule is absolute honesty. You must frankly admit to the overtime work, whether it has already been pointed out by Immigration or is something you are self-reporting. Specifically, state “when,” “where (which employer),” and “how many hours per week” you worked. If you held multiple part-time jobs simultaneously, you must declare the combined total hours, as the 28-hour limit applies to the aggregate of all jobs. It is vital to verify your past pay slips to ensure the figures you write in the letter do not contradict the income shown on your tax certificates.

2. Cause of the Violation (The “Why”)#

Explain why the rule was broken. While claiming “I didn’t know” is generally not accepted as a valid excuse for violating the law, if the violation stemmed from a specific misunderstanding of the system, you should explain exactly what that misunderstanding was.

• Examples of Misunderstanding: “I calculated the 28 hours based on my payroll cutoff date rather than strictly from Monday to Sunday (or any 7-day period).” or “I mistakenly thought I could work 40 hours during weeks that were not official school holidays.”
• Financial Necessity: Applicants often cite the need to pay tuition or living expenses. While you may explain these circumstances to provide context, you must acknowledge that financial hardship does not justify breaking the law. The tone should be: “I prioritized my financial needs over compliance, which was a wrong decision.”

3. Expression of Remorse (The Apology)#

You must express deep regret for violating Japanese law and undermining the integrity of the immigration system. Rather than simply writing “I am sorry,” articulate your regret for neglecting your primary purpose of residence (such as studying or living with family) in favor of excessive labor. Acknowledging that your actions deviated from the conditions under which your visa was granted shows a deeper level of understanding.

4. Preventive Measures (The Future)#

One of the main concerns for an Immigration Inspector is, “If we approve this visa, will the applicant repeat the violation?” Abstract promises like “I will be careful” or “I will do my best” are insufficient. You must present concrete, physical measures.

• Examples of Concrete Measures:
  • “I have resigned from all part-time jobs to focus exclusively on my studies (or primary activity).”
  • “I will no longer engage in part-time work and will rely solely on remittances from my home country for living expenses (attach proof of remittance).”
  • “I have installed a shift-management app to track my hours and have set an alert at 20 hours to ensure a safety margin.”
  • “I have explained the 28-hour limit to my employer and re-signed an employment contract that strictly caps my shifts.”

Common Pitfalls and What to Avoid#

Do Not Blame Others#

Avoid statements that shift responsibility, such as “My manager asked me to stay longer, so I couldn’t refuse,” or “My friends were doing it, so I thought it was okay.” Ultimately, the decision to work lies with the applicant. Blaming others suggests a lack of personal responsibility and maturity, which can negatively impact the examination.

Avoid Overly Emotional Appeals#

While showing remorse is necessary, a letter filled solely with emotional pleas (e.g., repeating “I love Japan” or “I cannot live without this visa”) without addressing the facts and solutions is not effective. The document should maintain a polite, formal, and business-like tone. It is a legal explanation, not a personal letter.

Consistency is Key#

Ensure that the explanation in your Statement of Reasons matches the information in your application form and other supporting documents. Any discrepancy between your “Reason for Overwork” explanation and your reported income/tax documents will destroy your credibility.

Conclusion#

Overworking is a serious violation of immigration rules. However, by voluntarily declaring the facts (if not yet caught) or honestly admitting them (if pointed out), and by demonstrating sincere remorse alongside concrete plans for improvement, there may be room for discretion. The Statement of Reasons is your opportunity to explain your side of the story. Writing it with integrity, without hiding facts or making excuses, is the only path toward potentially maintaining your status of residence in Japan.