Over 180 Days In 1 Year - Temporary Visitor

Hello,

I am a US citizen with a US passport who enters Japan with 90 day temporary visitor waiver. I usually stay around 85-87 days per 90 day temporary visitor waiver. I have a lot of savings, don't work in Japan, and mainly go to see the country and visit my girlfriend, so I don't do anything illegal.

I've been to Japan 4 times:

Year #1
1st: October 26 2017-January 20, 2018 (A couple days under 90 days)
2nd: April 2, 2018-July 2, 2018 (A couple days under 90 days
Total: Around 175 days

Year #2
3rd: October 26 2018-January 20, 2019 (A couple days under 90 days)
4th: March 10 2019 - June 6, 2019 (A couple days under 90 days)
Total: Around 175 days

Note: Despite staying in Japan 12 out of 19 months, immigration has never said anything at all to me.

I left Japan June 6 2019 to go to my home in USA for 1 month exactly and will return to Japan in 10 days July 7 2019. I am worried of being denied entry and not given another 90 day temporary visitor visa waiver when I return because within the last year I already stayed 175 days and the year would "reset" on October 26, 2019.

I heard that the 180 day limit is not an official rule but I'm not sure how strictly it is enforced.

Is it likely I'll be denied by immigration or questioned? What information/documents should I bring to improve my chances of being permitted? Would an invitation letter from my girlfriend help at all?

I'm really concerned about being on a flight from USA to Tokyo (around 20 hours) only to be denied.

You are allowed into the country - the 180 day "rule" does not exist. You have a tax issue when you go over 183 days (whole or part days).

JapanCustomTours

Are you sure about that? I know it's not technically an official rule, but I've read the generally speaking you aren't supposed to spend more than 180 days per years and after that immigration may deny you entry.

Considering my circumstance, should I be worried about not getting entry into the country of Japan?

The "180-day rule" does not exist in Japan, but you must still keep in mind that immigration officials always have the authority to deny you entry for any reason, including if they think you are spending too much time in the country.

How likely it is, nobody can tell.

Before gaining residency I commuted to Japan because of my business. I was not working in the country (according to the definitions), but I was easily over 220 days - I keep track of things. I was therefore tax resident in Japan and New Zealand so obliged to pay tax in both countries on my total income.

I think I've been asked a question once in the last decade of travelling to Japan about my travels - I used to get more from the Aussie border staff when I was commuting to Australia.

but I've read the generally speaking you aren't supposed to spend more than 180 days per years and after that immigration may deny you entry
You've read this, on the internet(?), from people that haven't actually looked at the law. The law is clear (permission for landing) and the visa waiver programme applies to you. Don't believe everything you read on the internet. The only "stories" I've seen with people denied landing permission were not under the visa waiver programme and had other "issues".

JapanCustomTours

Thank you for your response. Some questions:

Because receiving another 90 days would allow me to go over the 183 days tax issue, would they certainly interrogate me about things? Or would immigration seemingly say nothing, stamp my passport and I get hit with a tax bill from Japan later?

I'm under the impression that the 180 day mark is where they WOULD question you especially because of the tax implications.

Also, is the 183 days tax issue based on calendar year or rolling? For example, in 2019 I've only stayed 110 days (but in the past year I've been in Japan 175 days), so would I only be allowed 70 days this year when I return without having tax obligations?

JapanCustomTours

Any response to my question above?

Immigration don't care about tax - that is for the tax authorities. Plus, as an individual, you are actually responsible for following the laws yourself, even if not prompted by the tax authorities to do so - both in Japan and your home country. You will become liable to pay tax in Japan, but you might not bother and it might never be an issue.

Most jurisdictions where I have had to worry about double taxation it is 183 out of any 365 days - i.e. rolling. And, part days count as whole days. So when I was commuting to Australia, I has something like 160 days in Aus (I still have my records), and with 35 trips in 365 days that added 70 part days, so I had 274 days in New Zealand.

Immigration might ask you what you are doing spending so much time in the country, and if you have a valid answer and reason, then there is no problem.

Any response to my question above?
BTW, I usually only post into the forum each morning when not travelling, so wait 24 hours before expecting a follow-up.
And, I post based on my experience travelling, commuting to Japan and under the various visa status/arrangements. These days I avoid flying where possible.

JapanCustomTours
Thank you again for your response.

I've been worrying myself sick over this honestly...my girlfriend will be waiting at the airport for me, and to be denied at immigration after a 20 hour flight, and not be able to see her, would be devastating to me.

What really makes me worry is 2 things:
1) It seems logical that immigration would pose some kind of limit to visa waivers, it would be shocking to me if they didn't deny someone entry for the purposes of tourism/seeing friends if they tried to stay 360 days a year as an example.

2) I've read stories online of people (US and UK citizens) who were denied at Narita based on their 3rd attempt to get a visa within the same rolling year (and in these stories they almost maxed out the first 2 waivers). The reason for their denial according to them is that the immigration officer mentioned the 180 day "rule".

I guess my question is this...based on the information above, should I be concerned about being denied on July 7 when I arrive in Narita? I feel like it's a good chance I'll be denied (considering I spent 175 days in the past year already though I am in USA for 1 month now) but your words give me some hope. All I can tell the officer if he asks me what I'm doing is that I am in Japan to continue traveling in Japan and to see friends, and that I am not working at all, but I don't know if this will be good enough.

I really would not say that there is no 180 days per year rule. Just look at this webpage of japanese embassy in Malaysia: https://www.my.emb-japan.go.jp/itpr_en/visit.html
It clearly says that you might be denied entry if your total stay in Japan exceeds 180 days in a year (and since Malaysia is also exempt from visa for short-term stays just like USA and some other countries there is no reason why this should not be relevant to your case). Not all rules/conditions must be written in laws.
I think the important thing is how those 180 days are spread out within a year. In your case it is:
90D Japan - 50D away - 90D Japan - 30D away - and now you come back to Japan for third time and probably for another 90D long stay. If they let you in for another 90 days, that could make easily like 265 days in year? Not to mention last two stays would be just month apart, ie. basically 6 months stay within 7 months which I think is uncomfortably close to the need of obtaining that 6 month tourist visa. Yeah, I think you really should be worried. But there is nothing you can do with it. Just hope for the best and get ready for the worst. And please let us know how it ended up.

Thanks for your response haens

I'll let everyone know what happens. I'll be in Narita on Sunday.

Any other insight to this question?

@Skamish: What happened ?

@JapanCustomTours: Do you have experience with other people travelling to Japan after staying 180 days in 1 year? I am trying to decide if it's worth a shot.

The problem is really the downside risk of getting denied since it has to be mentioned on all other visa/visa-waiver entry forms from there on, right?

@NomNom
So an anonymous person on the internet tells you that he didn�ft have any problems and gives himself as an example and now you want more examples from that anonymous person? For what purpose exactly?
Either you trust him or you don�ft.

No, I do not have other examples other than one of my employees who also was travelling lots.
And, while that embassy reference is on the net, I have not seen other Japan Embassy websites with that information and my experience with Japan Embassy staff is that they are unreliable with the advice they are able to give. If in doubt, please refer to the actual law on things like landing permissions (I have).

I just assume Skamish made it and has no time to reply. Otherwise we probably would have hard about his anger :P

There is no 180 days per year rule
You can travel up to 90 days on a Temporary Visitor visa
You can extend another 90 days as Temporary Visitor visa at immigration.
Total 180 days max per trip and not per year.
This is a common mistake people make.

After that you need to leave Japan.
You can come back to Japan.
This is sometimes called visa run, and at the border they can ask questions.

But if your travel is eligible and you have a return flight to any other place it will be easy.
Yes the immigration can refuse entry but only if there are concerns about illegal activities such as work

I have traveled for more than a year long between China, Korea, Japan and just got questioned once, why I visit so much, so I told them the truth that there is much I want to see, and that I am traveling between all countries because I cannot stay longer than allowed.

You can extend another 90 days as Temporary Visitor visa at immigration.

Not for US citizens.