Re-application Timing After a Visa Denial Based on “Conduct”#

In the Japanese immigration system, receiving a rejection notice is always distressing, but the reason behind the rejection significantly influences the difficulty of overturning the decision. When the reason for denial is listed as “Conduct” (Soko / 素行), specifically referring to the “Good Conduct Requirement” (素行善良要件 / Soko Zenryo Yoken), the situation is considered serious. Unlike rejections due to missing documents or minor calculation errors in income, issues related to conduct involve violations of the law and affect the core trust between the applicant and the Japanese government.

This article provides an objective analysis of the appropriate timing for re-application and the necessary steps to take if your previous application was denied due to issues with your conduct.

Understanding “Bad Conduct” in Immigration Terms#

In the context of immigration review, “Conduct” does not simply refer to one’s personality; it strictly refers to compliance with Japanese laws. “Bad Conduct” usually falls into one of three categories:

1. Criminal Punishments: Cases where the applicant was arrested by the police and received a sentence from the court (Imprisonment, suspended sentence, or criminal fines).
2. Traffic Violations: Repeated minor violations (Blue tickets) or serious violations resulting in criminal fines (Red tickets/DUI).
3. Immigration Violations and Lifestyle: Engaging in activities not permitted by the visa status (working illegally), aiding others in illegal overstaying, or causing significant public nuisance.

If any of these lead to a visa denial, a simple apology letter is insufficient. A specific “period of clean conduct” is required to demonstrate rehabilitation.

Recommended Waiting Periods for Re-application#

The time you must wait before re-applying depends heavily on the severity of the punishment received. While there is no explicitly written “statute of limitations” in the Immigration Control Act for every scenario, the following guidelines are generally observed in practice, particularly derived from the strict standards for Permanent Residence (PR).

1. Imprisonment (With or Without Labor)#

This is the most severe category. If an applicant was sentenced to actual prison time, the general guideline—especially for Permanent Residency—is that 10 years must pass after the release from prison. During these 10 years, the applicant must demonstrate a spotless record. For standard visa renewals (e.g., Engineer or Spouse), the scrutiny is also intense, and while humanitarian grounds (like having a Japanese spouse) might allow for a visa sooner than 10 years, upgrading to PR will strictly require this decade-long wait.

2. Suspended Sentences (Shikko-yuyo)#

A suspended sentence is lighter than actual imprisonment but is still a criminal record. In this case, the standard waiting period is 5 years after the suspension period has fully ended. For example, if you received a “3-year sentence suspended for 5 years,” you generally cannot apply successfully during those 5 years of suspension. Once the suspension period finishes, you should ideally wait another 5 years (totaling roughly 10 years from the court ruling) for Permanent Residency applications to ensure the requirement of good conduct is met.

3. Criminal Fines (Bakkin)#

This includes fines for serious traffic offenses (like DUI or speeding exceeding 30km/h over the limit) or minor criminal offenses (assault, theft) handled through summary indictment. The guideline here is generally 5 years after the payment of the fine. The Immigration Bureau checks if the applicant has received any fines in the past 5 years when assessing the Good Conduct requirement for PR.

4. Minor Traffic Violations (Hansokukin)#

Minor violations, such as parking tickets or ignoring a stop sign (processed via Blue tickets and payment of a “penalty” rather than a “criminal fine”), do not immediately result in denial if they are infrequent. However, repeated violations (e.g., 5 or 6 times in a few years) indicate a lack of respect for the law. In such cases of repeated violations, it is advisable to wait at least 2 to 3 years from the last violation, maintaining a completely clean driving record during that time, before re-applying.

Strategies for a Successful Re-application#

Simply waiting for time to pass is the baseline; active proof of rehabilitation is also required.

Full Disclosure and Apology#

The most critical rule is honesty. The Immigration Services Agency has access to police records. Attempting to hide a past criminal record or traffic violation will result in a denial based on “false application,” which is often fatal for future prospects. You must accurately list your history in the application form. Additionally, submit a “Statement of Apology” (Hansheibun). This document should explain the facts of the incident, express sincere remorse, detail the concrete steps taken to prevent recurrence (e.g., attending driving safety courses), and highlight your current stable, law-abiding lifestyle.

Proof of Stability#

Since the “Conduct” aspect is a negative point, other aspects of your application must be flawless. Ensure that your tax payments, social security contributions, income stability, and family situation are perfect. Providing a “Driving Record Certificate” (Un-ten Kiroku Shomeisho) showing a recent clean record is also highly effective for traffic-related issues.

Conclusion#

Recovering from a visa denial based on conduct requires patience and a demonstrated change in behavior. There are no shortcuts. For criminal fines or imprisonment, a period ranging from 5 to 10 years of clean living is typically the threshold for regaining the trust of the immigration authorities, especially for Permanent Residency.

The most effective strategy is to accept the waiting period, adhere strictly to all Japanese laws during that time, and then submit a transparent, honest application that proves you have become a model resident. Rushing a re-application without sufficient time passing often leads to consecutive denials, further complicating your immigration history.