Change of status
QUESTION 1
Please be patient with me because I don’t know enough of the Japanese language. I have beenhere in Japan for one year and 3 months and have just delivered a child two months ago.My Japanese husband calls me “Baka” because he says I don’t know anything except “wakaranai”. Iwould like to work or get a job because my husband has given me only my visa and food, andnothing else. I married him even if I did not love him (he is already58 years old) and I wanted tobecome pregnant to make sure about the visa. He denies me almost everything and does not give meanything else. That is why I would like to divorce him, but he says that I have no right to my baby ifI divorce him. If I divorce him, am I automatically sent home to the Philippines? My visa expires inAugust 2020. Can I have my baby’s passport made even without the permission of my husband, andeven if he will not agree to it? Can I bring my baby to the Philippines so that I could work here inJapan even for 6 months only, and then I will bring my baby back to Japan again? Please reply andhelp me solve my problems. I am sorry but I don’t have any money to pay for a personalconsultation. Thank you so much.
Cynthia
ANSWER 1
I sympathize with you deeply. I got to know that you were holding the bad image to Japan orJapanese people by one “Bakana” Japanese’s speech and conduct and am apprehending.Do not worry about your case at all, please.Everybody understands what you and yourhusband are. Who can say you “Baka” as yourfoolish husband have said, irrespective of that you can write a letter in this way and are alsoplanning the future thing?As you are a Japanese spouse now, you have been admitted as the status of residence, “Spouseof Japanese National”. It is one of the statuses of residence permit, which can set to work, of course.If you will divorce from him so that you may wish, you must apply for change of status of residencefrom “Spouse of Japanese National” to “Long Term Resident”. I think this application will begranted if there is no penal record in Japan as you have already born baby among Japanesehusbands and the reason for application is the purpose of supporting this child.The important thing is that you must obtain your child’s parental authority. In the Civil Law,there are three kinds of divorce such as a divorce by agreement, a divorce by mediation, and ajudicial divorce. In divorce, a problem is who parental authority made poses. The case, which fightsin order to decide parental authority and results in a judicial divorce, is not new, either. Therefore,you have no basis and the reason to reside in Japan if you lose a parental authority. That is, you canreside in Japan given status of residence, “Long TermResident”, because you are taking care of andbringing up your child by birth who is Japanese citizen. So, if parental authority belongs to yourhusband and he takes care of him instead of you, your residence permit in Japan will cut out and areforced togo back to the Philippines.On the other hand, I am afraid of that your residence permit will close if you would continue todeposit your child with the relative of the Philippines over a long period of time even if you acquireparental authority and canbe admitted the residence permit in Japan. It will be OK if it is about sixmonths only.Therefore, you do not worry about your husband threat that makes you automatically return tothe Philippines from the time when you divorce from your husband. You can reside in Japan andwork from that time.In addition, you are possible to get and obtain your child’s passport freely at passport center only if you, as a mother of your child, can apply for your child passport, even if your husband does notmake anyconsent and cooperation.I am praying for your fortune.
QUESTION 2
We are always appreciating for your precious information, comment and answer. 2 monthsago, I made the application for the Certificate of Eligibility at Nagoya Immigration in order that I dowant to take over my old mother who is present in the Philippines and live together with me inJapan, but it was disapproved. She has no relatives who can take care of her in the country. Because,she gave birth 3 children including me, but my eldest sisteris now living in London and theyounger sister is in California. I am now living with my son, who was born from my divorcedJapanese husband, and has been granted as permanent resident. May I ask for your comment oranswer that I can invite her and make the rest of her life spend in Japan?
ANSWER 2
According to the Immigration Control and Refugee Recognition Law, an applicant must fulfilltwo conditions for this application.
1. One of it is existence of the status of residence, which suited the purpose of entry.
2. Other one is that needs to suit the standard specified to the status of residence.So, if your mother’s case is examined, no one can find any status of residence “A mother ofpermanent resident” in the law. Therefore, the Immigration Bureau isimpossible to approve yourapplication at all. Then, I can comment and offer you that you can take the only method as follows.That is, she makes the application for change of status from “Temporary Visitor” to “DesignatedActivity” after she would have entered into Japan as a “Temporary Visitor”. For that purpose, shemust acquire a “Temporary Visitor” visa at the Japanese Embassy first. Then, she will be given theImmigration status of “Temporary Visitor” from the Immigration Bureau at an airport. After that,she can apply for the change of status during the period of stay permit.However, since it is specified in the Law that “in the case of an application submitted by a personwhose status of residence is Temporary Visitor, permission shall not be granted unless theapplication is made based on the special unavoidable circumstances”, therefore she must explain bywritten document and prove her special unavoidable circumstances in detail carefully based on thefacts and proofs.As you see, it’s so hard tocreate and draw up the “Statement of reason for application”, however itis most important document for her application. So, you must create/draw it. Then, if you wouldlike to trust me, never hesitate to consult with me in person as I had done the same cases as yourmother’s until now.
Office name: Miyoshi International Legal Counsel Office
Telephone/Fax (Japanese/English): 0463-61-
E-mail: miyoshi@ipcworld.co.jp or joshua-galasha@mvg.biglobe.ne.
Website: www.phildigest.jp
Address: Kanagawa-ken, Naka-gun, Oiso-cho, Higashikoiso 716-2
Nearest station: Oiso station by Tokado Line
Working hour/day: 09:00-18:00/Monday-