Overstay with Spouse Visa question

Married to a Japanese women I had a Japanese residence card with �gspouse of a Japanese National status�h available for 3 years. This residence card expired in February this year and I completely forgot to make the necessary to request to extend it.
Today we went to the Immigration Office in Shinagawa,

The Immigration Office presented us the situation as follow:

- I cannot work for salary as immediate effect, so I had to resign from my job

- I have a choice to make immediately, today, between 2 options which are

1) despite being married to a Japanese National and having a Japanese daughter I decide to quite Japan without being able to come back in Japan for 1 year long. The departure from Japan being in a minimum of 1 month after today.

2) I decide to stay in Japan the time for the Administration to launch a process to get a new Residence card. This process should take about 3 months. During that time I cannot work for salary.

We took decision to go for the 2nd choice.

What can be done now to expedite the process?
What is your impress about my situation?
How long do you think it will really takes for this be done?

Thank you

Consider yourself extremely lucky that they allowed you to stay, and wait for the process to be complete.

- You can't really do anything about this.

- Once it happened to us that we let my husband's resident status expire before we went to Immigration, but it was a matter of a week or so and there was a good reason why we'd assumed the wrong date. They decided to accept the extension application with a letter of apology. But if you let it expire for a few months? What they did was reasonable.

- As long as they consider it necessary.

euh....could you please explain me in what I should "Consider yourself extremely lucky that they allowed you to stay"...?

I'm married to Japanese woman
We have a 9 years old child
I work
I pay taxes
I did no crimes

and I have since yesterday no right to work...so no income...(I had to resign from my job...) and may be subject to refusal to get an extended Residence Card...so really explain me in what I should consider myself as lucky...having a worst situation would be probably against human rights....

I did no crimes

Yes, you did. Overstaying is a crime.

To be clear, overstaying is punishable by imprisonment for up to 3 years and/or a fine of up to 3 million yen and/or deportation. You got none of that, so yes, you are lucky.

well...the Japanese law may consider this as a crime....but in my case and as for obviously a lot of other foreigners in similar situation (married, child, work) we forgot to renew the residence crime...if you, you just say it is a crime then you are complice of this disgusting system. Other than just saying "yes it is crime" such system should be reported to foreign countries rather than being somewhat complice by just accepting the way it is...

you only think that the residence card is expired. but, it means your residential status (many foreigners say it as "visa") is expired.
they kindly give you a temporary staying in Japan. (because your staying is temporary, you can't work.)
they also kindly offer you that they don't prosecute your overstaying.
are you still complaining ?

my stay may be temporary but I was allowed to work here...and again I AM MARRIED to a Japanese citizen...yes still complaining. If you, you accept to be treated like this then it is your problem. Me I do not accept this

Just a reminder to all to put in your head:
All foreigners, all foreigners can be deported. Diplomats can be asked to leave or be forced to leave. Refugees who lost the status because they commited crimes have been deported (Vietnamese). Being married to a Japanese pepson is not a protection. You are lucky. You think that being married to one of them or being a father of them is a protection? You are wrong. Unless you become a Japanese citizen you are always under the threat of deportation. Always. Put that in your head once for all.

yes any foreigner can be subject to deportation...and this from any country in the world....but for a good reason such a crime. As I wrote the law consider overstay as a crime while in a lot of cases it is something we forgot to renew...by just answering the same as before you just blindly accept this like it is....to no expect this from me....

by the way you may not know but Japan had less strict rules a few years ago for similar cases...now this is near against human rights (not yet but still near...)
When something goes wrong it has to be changed...but for this simply saying "you did a crime" or "consider yourself as luck" will definitely not help

As I wrote the law consider overstay as a crime while in a lot of cases it is something we forgot to renew...

I drank too much booze. I am too drunk to remember that driving under the influence is a crime. I kill someone. So, just because I forgot that simple fact, I can walk free. It is OK, right?

Ignorantia legis neminem excusat.

bad comparaison..."I kill someone"...while in my case:

- I worked
- I raise my child
- I pay taxes

etc...

- I raise my child

With a mindset like yours, not sure if that's such a good thing...

whatever is my mindset is none of your business and does not allow you to judge me on the fact that I raise child.

Your intervention is out of scope of this post which is the situation I live, my family live and probably a lot of other had and will have to go through.

Firas B....? Pretty sure that Tunisian in France will agree that such kind of system is not acceptable...

I guess a country that allows foreigners to work without proper status should be rare in this world. I don't think this kind of system is "disgusting" or anything. Even if you are married to a Japanese woman, you are still a foreigner. Marriage situation and nationality are two different things, you know.

but Japan had less strict rules a few years ago for similar cases
It may be because there are foreigners who take rules light just like you.

well...I was not a foreigner without proper status until my residence expired...and I was working before. I can assume in some sense being lucky, not that I have not been deported as the other one mentioned, but because I am married, child etc...I cannot imagine how someone not married, having no child and from "2nd or 3thrd zone" countries would be treated if they forgot to extend their residence card....

Japan is often criticized on the international scene for its lack of commitment regarding human rights...my case is not that critical but still I think this could be handled completely differently.

"Marriage situation and nationality are two different things"...I know thank you.
In Europe 2 persons from different countries (still one being a national the country where all reside) and having a child will not be separated....you know

the immigration will get systems allowing different processes based on different cases...they will not
disproportionate actions for having forgotten to extend the residency card...

Bro,Why you Become so worry?
Why you become so rude to our Friend Firas San?
If you didn't involve any crime, why you Become upset?
You still have 3 months to stay with your Family, So why you give pressure every seconds in this 3 months?You are not First person to reside in Japan, we millions of Foreigners also stay,some of us worker,some of us students or spouse or diplomats etc.we renew our residents permit.we Never behave this way what you Did.