Solution to Illegal Entry
QUESTION
Last April 27, my Filipino de-facto-wife was arrested by the Immigration official while she was working at the factory, and is now detained in the facility of the Immigration Bureau. The “Decision Notice” was delivered from the Immigration inspector in-charge to her on May 8, and notified the deportation to the Philippines. However, as a result of that she asked the official to live with me in Japan, her case will be transferred to the Special Inquiry Officer and the hearing will be performed on May 31. I do not understand it since the Immigration Control and Refugee Recognition Law is very technical for me. In addition to these circumstances, my de-facto-wife is likely to be deported by force because her passport is fake with another person’s name.
Please let me know the procedures of the Immigration Bureau, which is advancing now, and what I should do in order to make her stay in Japan. I sincerely do hope that she can obtain a residence permit so that she can work as soon as possible.
– Nakamura from Chiba City
ANSWER
Well, your question absolutely refers to the “Special Permission of Stay” issued by the Minister of Justice. As you see, foreigner who comes under one of the reason of deportation, such as illegal entry, overstay, criminal case and etc., as a rule, is supposed to be deported to his/her own country after the Immigration formalities (the deportation procedure).
While the process of deportation is taking place, no one can work because he/she has no Immigration status (visa) at all and is detained in the Immigration facilities.
However, he/she can work after he/she would be issued the “Special Permission of Stay” by the Minister of Justice. This “Special Permission of Stay” is supposed to be granted beneficially to a person who has some considerable circumstances or reasons while he/she would be investigated/inspected by the Immigration official. The process of it has five steps: investigation by the Immigration Control Officer, inspection by the Immigration Inspector, hearing by the Special Inquiry Officer, proposal of objection to the Minister of Justice (MOJ) and the decision of MOJ.
Therefore, your Filipino de-facto-wife can stay and work in Japan if the Minister of Justice would have decided to grant the “Special Permission of Stay.” If not, she is impossible to stay and work in Japan with you and automatically be deported by Immigration authority. Moreover, she is also impossible to get any kind of Japanese visa for five years at least.
Now, it’s absolutely necessary to carry out the marriage contract with you after you would get her birth certificate, CENOMAR and baptismal certificate. Please consult with me in person at my office as soon as you can since she has little time to do it. I think that you have to submit the required documents including the marriage contract by May 31 when the hearing carries out.
Let us try to solve your problem!
Office name: Miyoshi International Legal Counsel Office
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