Global Voice Column

Point: Mr. A has lost his passport and his visa has expired

Advice: Mr. A wants to go back to his own country to visit his sick mother. However, not only has he lost his passport, he is also an over-stayer, so he doesn’t know what to do. He’s worried if he will be detained or have to go through tough investigations.

For this kind of problem, we suggest that one should first apply to the Immigration Bureau for a voluntary deportation. After reporting himself to the Police Department of Immigration Bureau, an investigation will be carried out. If the investigation finds out that the person has not committed any crime other than illegal residence, he will be granted a provisional release, and will also receive a special one-time-only document for returning to his own country. With this document, the person can apply to his embassy for a temporary passport.

The person must also bring his Certificate of Alien Registration or any other documentation to show his nationality when reporting himself to the Immigration Bureau. Once the deportation process begins, the person will be investigated for other law infringements. However, if he is guilty of nothing but over-staying, he will be excused from detention. About two weeks later after reporting himself to the Immigration Bureau, the person will receive the deportation documentation and will be told the departure date. According to the Chapter 9 of Immigration Control and Refugee Recognition Act, the penal provisions for illegal residence include criminal punishments, and such punishments may be applied to the person who is arrested and prosecuted by the police.