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Solution for Unlawful Stay

QUESTION

I’ve been separated from my Filipino husband five years ago in the Philippines though I have two children. After that, in May 2013, I visited my friend in Japan as a tourist using a fake passport, which a travel agency arranged for me. Then, after a few months, I got married to a Japanese named Hitoshi Toki on January 13, 2014 with my fake name. The Japanese Immigration granted the change of my residence status from tourist to “Spouse of Japanese National” since we submitted the marriage report issued by the municipal office.

We have no children. So, I do want to invite my children into Japan. However, my fake name is different from the true name on my children’s birth certificate. So, I need the correction of my fake name. What should I do first? Will I be deported back to the Philippines when this correction be disclosed to the Immigration? I need your help.

– Edna Toki

ANSWER

As you see, your case really includes many complicated legal problems. I do hope you could understand these problems, and would carry out the following actions with me:

1Marriage annulment. What you should accomplish first is taking the measure of marriage annulment. As you know quite very well about the Philippine Law (Philippine Family Law), there exists a system of “Marriage Annulment”, but not the “Divorce”.

 Under the Philippine Family Law and Japanese Registration Law, in order to form marriage with a Japanese husband, you must annul your marriage record with ex-Filipino husband first. According to the notification announced from PSA (Ex. NSO), those who would like to annul one’s marriage must plead his/her petition to the Regional Trial Court (abbreviation: RTC) to annul his/her marriage, and obtain the decision of RTC. Surely, this procedure is always required to perform through the RTC by a Filipino lawyer in the Philippines, but not Japan. As far as I know, it usually requires about six months – one year.

Here, the most important thing what your cautions are required is not grasping a forged document after you are deceived by the honeyed words of the dishonest trader who is performing recommendation business in the neighborhood of the Philippine Embassy in Tokyo, or a Filipino shyster in the Philippines. In fact, it will be cleared whether it is the genuine one or not since the Japanese Immigration Bureau is always making sure it to PSA whether it is forged one or not via the Japanese Embassy in the Philippines. If RTC makes a decision, the judgment concerning this determination is supposed to be notified by a lawyer to PSA via LCR, and the marriage record currently kept in LCR and PSA is also supposed to be corrected by each.

Then, when you would like to request your record of marriage to PSA, you are supposed to be delivered the document entitled “Advisory on marriages” in which you can find the fact of marriage annulment with the former husband there, and it proves that you are made an “unmarried person(single person)” by this “Advisory on marriages.”

2. The required documents for surrender and reporting your illegal entry to the Immigration Bureau. Your case comes under the “Illegal Entry” specified in Article-24, paragraph 1 of the Immigration ACT without any doubt. On the present Immigration ACT, there are 40 items of the deportation reason, which carries out the deportation from Japan, stipulated in the Act so far, and the “Illegal Entry” has been positioned on the top of this article. It means that the “Illegal Entry” is the most vicious case in the deportation reason. Therefore, under this reason, those who come under the “Illegal Entry” are, “as a rule”, supposed to be deported to his/her home country by force. However, even if he/she comes under the case of “Illegal Entry”, there also exists those who can be granted the resident permission without carrying out deportation.

Now, what and how should you do in order to reside in Japan lawfully with your present Japanese husband without being deported by force? The only way is that you would be granted the “Special Permission for Residence” from the Minister of Justice after you would surrender and declare your situation/background. Yes, you surely have to prove yourself that you are the person who comes under such requirements and conditions based on the Law, of course.

 

Then, let me explain the important thing how you should do it in detail.

  1.  Creation and making up the documents

It is absolutely necessary to create and make up the documents which you do want to substantiate and prove before you would surrender to the Immigration. There are so many cases, which any documents cannot not be prepared before the surrender either, but I never recommended to my client to do so. Because, all deportation cases are always progressing by the pace of an officer of the Immigration Bureau, and there is a possibility that the advantageous information for you may not be fully taken into consideration.

Then, you may ask for fair and proper decision that should be performed by the officer in charge based on the written documents, which you must put the advantageous information for you beforehand. The officer in charge will create and make up the “Written Statement”, which your situation/background must be filled in, at least three times or more after he/she would investigate, examine and hear from you. In that case, an official will quote the contents of your written document if you have already submitted it, which you substantiated and proved beforehand.

This becomes advantageous to you, as you know. For your information, these documents are consisting of “Written Declaration” specified by the Immigration Bureau, “Written Statement”, “Petition” and others. If you trust me, my office always incorporate “School career”, “Work experience”, “Marriage history”, “Entry/departure history”, “Criminal record”, “Deportation history”, “Family status”, “Special situation that should be considered” and etc. from the time when you were born into these documents.


Office name: Miyoshi International Legal Counsel Office

Telephone/Fax (Japanese/English): 042-371-0024(office), 090-1436-4107(Mobile phone)

E-mail: miyoshi@ipcworld.co.jp or joshua-galasha@mvg.biglobe.ne.jp (Japanese/English) OR p-digest@ipcworld.co.jp(English/Tagalog)

Website: www.phildigest.jp

Nearest station: Keio Nagayama by Keio line or Odakyu Nagayama by Odakyu line in Tama-city, Tokyo

Working hour/day: 09:00-18:00/Monday-Saturday (except holidays)

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