Inquiries regarding naturalization

20 March 201222 May 2017 admin

QUESTION

I am married to a 3rd generation Nikkie jin with a 3-year long term visa. My husband and me came here in Japan in 2007 and my visa during that time is 1 year.
After staying a year in Japan, my two kids came here also, 18 & 26 years old with a tourist visa last Nov. 2008. After a month we applied our kids for change of status, and my 18 year-old got 1-year long term visa, but my 26-years kid up to now is still on application status, for the reason that the mother of my husband need to have koseiki tohon before my kids are given visa.
So we applied soon, with supporting documents. The grand-father of my husband is a military before the World War II. His Grand Father got married to 3 women with 1 kid to each of them. My husband belongs to 2nd family. The third family came here first in 1998. The second family to come here is the First Family and we the second family is the last to come here in Japan. And after a few months, the result for application of KOSEIKI TOHON of the grandfather of my husband in 3rd generation is denied for the following reasons:

1. The death certificate of the 1st wife A – which we had submitted was different compared to the document submitted 8 years ago by the generation of the 1st wife meaning wife A has 2 death certificate in Philippine NSO and the date of death are different .

2. Some documents submitted to the Ministry of Justice 8 years ago by the generation of the 3rd wife C- has a discrepancies, some dates were overlapping.

My Questions is:

We, the applicants ( my husband 3rd gen.) belonging to the 2nd wife (B) of the Japanese with intact documents submitted to the Ministry of Justice for the registration of the 2nd generation (mother of my husband) , why are the ones who suffer . We don’t know anything about the documents of wife A and wife C. We are from wife B and is the 2ndFamily.

What is the solution for this application of kosieketihon of my mother in law. Can we RE APPLY again? if Yes when? Can we be allowed to file a motion for reconsideration, if Yes how long ? Do we need a lawyer? if yes how much is the cost? WHAT IS THE BEST SOLUTIONS TO THIS PROBLEM?

What will happen with the visa application of my son? He (my son) landed here in Japan last Nov, 2008.The date applied for the change status of my son was on Feb. 2009. I knew, you have the expertise regarding this matters, I’ve got your email address on the Phil Digest issued Aug .2009.
Respectfully yours,
– Vic

ANSWER 1

As you know, so many forged Filipino-Japanese-descendents who is not actually Filipino-Japanese-descendants and were produced by vicious broker maneuvers secretly rushed into Japan to work illegally. Under these situation, Immigration authorities are now examining documents strictly and deny applications if papers are not compatible, even if it the discrepancies are one-character difference or even just one-day difference in the dates. Therefore, your case must also conform with the records, which the first wife’s family submitted to the authorities.

First, you have to make sure of the contents, types and numbers of document/certificate of which she had submitted to the authority after you got in touch with her family.

Next, you must carry out divisibility of the related papers of the Philippines in conformity with the copy of Japanese Family Register (=Koseki Tohon). For this purpose, it is necessary to file for the corrections recognition of these corrections of the certificates to a Regional Trial court. In addition, you are required to obtain these official and formal documents/certificates from municipal civil registrar office and NSO.

Although you can re-apply at anytime but if the same papers are used, the authorities will automatically deny the application, not unless the competent authorities, such as a court, recognizes and authenticates the facts of it according to the above mentioned way. More information will be given at my office if you come personally and we will find ways to find solutions for your problems.

QUESTION 2

Sir, Atty., Reading your articles, I began to have a new hope on my problem and I am sure that you can help me too like you have helped your readers. I divorced with my husband last year. My 3-year visa will be expired this coming March. But, I do want to continue to live here in Japan but we don’t have a child. I don’t to be overstaying here. What should I do?.

ANSWER 2

When did you get married and divorced with former Japanese husband? How long was the marriage life? What caused the divorce? Was there a problem (immorality, domestic violence, waste, and gambling, etc.) on your side? On the other hand, was there a problem (immorality, domestic violence, waste, gambling, and economic failure, etc.) on your husband’s side?

What were your personal history, entry/exit record, residence record, marriage life (if any), the criminal background, and relatives in Philippines/Japan, a present living situation (especially, method of paying the cost of living) and your intention to the future livelihood?

Moreover, what are the cause and the reason why you had no child, or were not able to birth your child with your husband? Immigration authority cannot judge whether to permit or not your residence in Japan, unless these items should be not clarified at least.

As you see, these items are almost belonging to your privacy. Therefore, I do hope you will consult and inquire directly to me when you, by all means, want concretely to know the possibility etc.

QUESTION 3

I have been here in Japan for one year and 3 months and have just delivered a child two months ago. I married him even if I do not love him and I wanted to become pregnant to make sure about the visa. He denies me almost everything and does not give me anything else. That is why I would like to divorce him, but he says that I have no right to my baby if I divorce him. He often shouted that you will be automatically sent back home if I divorce him. My visa expires in August 2010. Can I have my baby’s passport made even without the permission of my husband, and even if he will not agree to it? Can I bring my baby to the Philippines so that I could work here in Japan even for 6 months only, and then I will bring my baby back to Japan again? Please help me.
– Tania

ANSWER 3

I sympathize with you deeply. I think you do not worry about your case at all, please. Everybody understands what you and your husband are. As you are a Japanese spouse now, you have been admitted as the status of residence, “Spouse of Japanese National”.

It is one of the statuses of residence permit, which can allow you to work, of course. If you will divorce from him so that you may wish, you have to apply for change of status of residence from “Spouse of Japanese National” to “Long Term Resident”. I think this application will be permitted as long as you have no penal record in Japan, because you have already gave birth to a baby of a Japanese husband 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 a judicial divorce. In a divorce, the problem is who will have parental authority over the child. The case, which you will fight in order to be awarded parental authority through a judicial divorce.

Therefore, if you lose a parental authority, you have no basis and the reason to reside in Japan. The general idea is that you can reside in Japan given the status of residence, “Long Term Resident”, because you are taking care of and bringing up your child who is Japanese citizen. So, if parental authority belongs to your husband and he takes care of him instead of you, your residence permit in Japan will be cut off and be forced to go back to the Philippines.

On the other hand, I am afraid of that you will lose your residence permit if you send your child with a relative in the Philippines over a long period of time, even if you have parental authority and admitted as a resident in Japan. It will be OK if it is about six months only.

Therefore, you don’t need to worry about your husband’s threat to make you automatically return to the Philippines when you divorce from your husband. You can reside in Japan and work from that time.

In addition, you can 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 not make any consent and cooperation. I am praying for your fortune.

QUESTION 4

I am a Filipina living with two children here in Japan for 10 years now after I got married with my Japanese husband. However, we quarreled often regarding his affair with another woman. Now he has left me. So, I have humbled myself and have done all I could to have the family together again, for the sake of my children. But, my husband has turned a deaf ear to all my pleadings and his heart has hardened against our family. I have learned that this woman has a family of her own. I want justice for myself and the children for all the anguish they have given my children and myself. I would like to bring them to court or to sue them and let them learn their lesson. My children and I live with my mother-in-law. Ever since my husband and I got married, we have lived with his mother. I would like to divorce him now and make the proper arrangements for the support of my children until they finish their studies. Please help me how to go about this problem.
– Claire

ANSWER 4

Although what is called an “extramarital affair” will be stimulative for a person concerned, it is not only very troublesome to the persons involved in surrounding, but also it becomes inducing the tragedy occasionally.

I think that you, first of all, should examine thoroughly and fully discuss with your husband about the financial support for the present and the future. In addition to the present and the future care about your children and you, discuss with him the “extramarital affair” whether it is for good or temporary fickleness. As a result, when a husband refuses to talk, you shall go to state mediation for divorce on the grounds of your “husband’s infidelity”. Your case will go to the Family Court.

In the case your husband refuses to mediation, the law on judicial divorce maybe applied. When your husband is earnest at his mistress, your request of divorce will materialized. Then, you have to charge and gain the following things.

1. To acquire a child parental authority;
There is nothing to worry about your resident permission, because you already have “permanent-resident permission” now. However, when permanent-resident permission will be canceled by Immigration, it will be more advantageous when obtaining residents permission if you have acquired a child’s parental authority.

For your information, please take note that a person who has no permanent resident permit will have a difficulty to obtain residency permission she has no child’s parental authority.

2. To gain the consolation money;

You have right to require the consolation money from your husband. The consolation money for mental and a bodily pain which you suffered because of your husband’s infidelity will be charged. Although the amount of money is based by a husband’s properties, the annual income, etc., a large sum may be awarded to you by the court decides.

3. To gain the expense of bringing up your child;

You also have right to require the expense of bringing up your child from your husband. The necessary expenses (tuition and living expenses) of every month until a child becomes 18 years old are supposed to paid. Although this amount of money is also influenced by a husband’s properties, the annual income, etc. you may state and offer the amount your require but the court will decide for it.

In short and frankly speaking, if the husband who committed infidelity will be divorced, this divorce will be referred to as “Not suiting comparatively” because he has to pay for very big-ticket consolation money at once and a continuous support expense of bringing up a child for a long time.

Therefore, many husbands and wives avoid this kind of divorce. However, when a marital relationship is hard to restore, then there is no way other than to go through it.

Anyway, you should talk and discuss with your husband first. If nothing is resolved then it would be taken to the Family Court. In that case, you don’t have to ask for and consult with a lawyer who specializes in divorce. The specialist from the Family Court will guide you through out the process.

Office name: Miyoshi International Legal Counsel Office

Telephone/Fax (Japanese/English): 042-339-8013(office), 090-14360-4107(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

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