How should I solve my illegal stay?
QUESTION
Hi. I am Filipina having a business visa in Japan. I’m living with my son who is 11 years old and he’s studying here 4 years in Japanese school. He is not a Japanese. He is a Filipino. And I’m a single mother. Unfortunately, my work in the office has been bankrupt already that’s why I decided to work at night at club to be able to earn some living here, but the Immigration officer arrested me inside the club and I was detained at Tokyo Immigration for about 2 months and I have results for deportation order. But my application for provisional release permit (“Kari-houmen” in Japanese) was approved this June 23. Then, I have to apply for extension of my Kari-homen to the immigration to stay here.
- What I should I do now for staying in Japan?
- Can I get the permission for Kari houmen more?
- Can I apply for a visa during my Kari houmen? And what kind of visa can I apply now?
My son doesn’t want to go home in the Philippines, and he wants to study here in Japan. What should I do for me to be able to remain here in Japan during my Kari houmen?
Thank you and hope you will advise me to my problems. Can I see you in person so that we can discuss my legal problems personally?
Thank you and please help me.
Teresa
ANSWER:
According to your e-mail, you have already results for deportation order. It means that you have been issued the deportation order which is a final decision by the Minister of Justice to deport you and your son to your home country forcibly by the Immigration authority. You can find it in the article 49, paragraph 6 and article 54, paragraph 1 in the Immigration Act as follows.
“Art.49-6
The supervising Immigration inspector shall, upon receipt of notification from the Minister of Justice of the decision that the objection is without reason, promptly notify the suspect to that effect and issue a written deportation order in accordance with the provision of Article 51. ” and
“Art.54-1
Any person detained under a written detention order or deportation order, his proxy, curator, spouse, lineal relatives or sibling may apply for provisional release to the director of an Immigration center or supervising Immigration inspector in accordance with the procedure provided for by a Minister of Justice ordinance.”
Can you understand it?
I do hope you understand that you have now no Immigration status (= visa) at all, because the provisional release permit (Kari-houmen-kyoka in Japanese) mentioned by you is some kind of permission to release temporarily from Immigration facilities for special reason. (Ex.: Medical check, pregnancy, preparation for departure and so on). It means that it is only the release order, but not the one of permission to be able to stay in Japan. Therefore, you have no way to get any stay permit to extend for a previous stay permit (= visa) and to apply for a new visa. It also means that you can apply for extend the term of Kari-houmen kyoka if you would have any reason to extend.
For your information, the only way to get stay permit in Japan is to seek for “Special
Permission to stay” issued by the Minister of Justice through this deportation procedure. Then, a person who is now taking the deportation procedure by Immigration authority has some possibility to be issued beneficially the “Special Permission to Stay” by the Minister of Justice if a suspect would have only any special and considerable circumstances or reasons.
However, a person, like you, who had already been issued the deportation order by the supervising Immigration inspector, has no way to get this “Special Permission to Stay”.
For more information, you have a few chances to get this “Special Permission to stay” by raising a suit for cancellation of deportation order or submitting a written retrial petition to the Minister of Justice in order to be reconsidered the deportation order. In any case, I will find the best solution when you would consult with me in person.
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-