Application for Certificate of Eligibility
QUESTION
I have personally applied for the Certificate of Eligibility and through lawyers with the hope that I could call and live together with my daughter by birth born among Japanese. However, each application was disapproved three times. Although, I was explained the reason for the undelivered disposal by the personnel of the Immigration Bureau, I was not fully able to understand it. But because of your help, my daughter has finally came to Japan. I would like to share this good news to all other readers.
– Jennifer Kusama
ANSWER
a. Why my application for Certificate of Eligibility was disapproved three times in the past? What were the reasons?
Although, I could find out some factors, the main reason is that her identification was unknown. That is, while you and the lawyers insist that your daughter was born as “child of Japanese national,” it is because that you could not fully prove and substantiate these facts.
As you see, referring to the proof and substantiation of the individual identification, we must investigate parents’ marital relation, the existence of a legitimate child or an illegitimate child, cognitive existence or nonexistence, etc. and also have to handle the social position relation (identification) of the child based on the statute of Japanese and Filipino countries. Especially, since the laws of Japan are described in Japanese and the Laws of Philippines are described in English, it becomes difficult to handle the procedures if the person in charge is not well versed into both languages.
b) How did you substantiate and prove it concretely?
First, I specified Japanese father of your daughter based on the testimony and materials presented from you. Unfortunately, the Kanji of his name was unknown based on the information from you. Then, I requested his resident card to the municipal office of his present address using the Katakana notation. Fortunately, I was able to specify his identification by this resident card as a result of the inquiry. Second, I requested his family register, revised family register and removal family register based on this resident card and his Kanji to the municipal office of his permanent domicile by attorney’s authority and obtained these official documents.
According to his family register, he got married with Japanese wife who gave birth to three children and is continuing marital relation until now. Furthermore, the fact of living together with his wife and eldest son’s family are observed in his present address. Although, it was accepted that it is very difficult to perform the cognition (Article 779) specified in the Japanese Civil Code, which he accepts your daughter to be a “child by birth” from this circumstances, it was expected that it becomes easy to enter a country and reside for your daughter if his cognition would be performed.
Then, I sent the notice (certification-of-contents form) attached data (birth certificate of your daughter, passport, photos, written consent of cognition etc.) to him. Since your daughter is 18 years old and eight months that is an “adult” in accordance with the Philippines Civil Code, it should be required to draw and make up the “written consent of cognition” and needed to ask for her signature.
Since the contents of notice addressed to her father contained personal information, it can’t be divulged in this column, but it was described there that “If the arbitrary cognition will not be carried out by yourself, it will be automatically carried out to the compulsive cognition by trial, either.“
In which he responded, “I quite agree with the arbitrary cognition.“
I sent the documents required for cognition to him after I created and drew up. His family register indicated the cognitive fact was sent to me about one week later.
c) What did you do after that?
I created and drew up the required documents for the application of Certificate of Eligibility. However, your daughter’s status of residence on the application form is different from the previous application. It was the “Spouse/Child of Japanese National,” but not the “Long Term Resident.” Surely, the contents of it differ from the previous one. That is, since her Japanese father has recognized her based on the laws of Japan, she is a “Child of Japanese” which should correspond to the status of residence, “Spouse/Child of Japanese National.“
I also created and draw up the “Statement of the reason for application (English and Japanese translation)” and explained the details. Then, the Immigration Bureau granted and delivered the Certificate of Eligibility to you in consideration of you and your daughter’s situation.
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