Japanese Recognition
QUESTION
We always deeply appreciate to your comments and answers about our problems through the Philippine Digest. My name is Norma Cruz Della Peña Onishi, a child of Japanese, homemaker of Filipino and a person with visa problem.
I visited Japan with tourist visa on November 23, 2012 and applied for change my visa from “Tourist” to “Child of Japanese National”. However, Immigration authority disapproved my application in spite of that I submitted many evidences, which I am a child of Japanese in the Philippines.
Please find a copy of my Japanese father’s family register (Koseki-Tohon), his resident card (Jyuminhyo), my birth certificate, passport and alien registration card, and do hope to receive your comments and answers about my question as follows;
- Is there a possible that I can have a “Japanese Child Visa” and my family (husband and 3 children) too?
- Can you arrange or process my documents even I’m not in there (Japan) since my mother–in-law who is now residing in Japan can contact and carry out it with you?
- My mother is not married to my Japanese father and my father who is now living in Japan doesn’t want me to go there, unfortunately.
- Is it possible that my name put into the Koseki-Tohon of my father even if he doesn’t like it? He has married there and has family now.
- How long does it take the processing time?
- How much will it cost?
- What are the required documents?
ANSWER
According to the materials that you sent me by e-mail, I recognized the following facts;
- (Your father, “Genshiro ONISHI”, was born in Kinugaoka, Hachioji-shi, Tokyo on January 31, 1935 and he has transferred his domicile address from “113-banchi 17, Kinugaoka, Hachioji-shi, Tokyo” to “5-chome 16-banchi, Fuchu-shi, Tokyo” as of May 15, 2001 according to his family register (=Koseki-Tohon) delivered as of January 13, 2012.
- He got marriage with Japanese, “Haruko SAYAMA” (Date of Birth: October 21, 1941) on July 13, 1963 and their marriage has been still maintaining his marriage through July 13, 1963 to present.
- In addition to this, he has been living with his family at “3-chome 10-ban, 1-go, Fuchu-shi, Tokyo” according to the resident card delivered from the mayor of Fuchu-shi, Tokyo on January 13, 2005.
- On the other hand, “Norma Cruz Onishi” was born on December 5, 1970 as the second child of her father, “Genshiro ONISHI” and her mother, “Garcia Maria Della Peña” at Grand General Hospital in Quezon City according to her birth certificate, which was registered at LCR as of June 18, 1970. However, the annotation that you are a legitimate child or illegitimate child among them is not found in this birth certificate.
(*) Credibility or reliability of this birth certificate is not accepted by the Immigration Bureau because the date of issuance (June 18, 1970) is before a date of birth (December 5, 1970) in which this birth certificate is the late registration.
Therefore, the annotation that “This birth report was late because of parent ignorance” should be filled in by LCR. - “Norma Cruz Della Peña Onishi” entered Japan on November 23, 2012 with the Temporary Stay visa. And, she obtained the card of Alien Registration Certificate named “Norma Cruz Della Peña Onishi” same as her passport.
- “Norma Cruz Della Peña Onishi”, applied for a change of status from “Temporary Stay” to “Spouse/Child of Japanese national” at Tokyo Regional Immigration Bureau on December 20, 2012. However, this application was made into disapproval on February 13, 2013. I was never explained the reason of disapproval at that time.
- Then, she went out from Japan on February 23, 2013.
My evaluation and comment:
a. Your identification
No one cannot decide or judge whether you are a child of Mr. ONISHI or not. Because, your name does not appear in his Koseki-Tohon, and there is no “Reviced Family Register (Kaisei-Hara-Koseki-Tohon in Japanese)” as a proof. You should clarify your identification based on your birth certificate, Koseki-Tohon and the “Reviced Family Register (Kaisei-Hara-Koseki-Tohon in Japanese)” of your father. That is, you must substantiate and prove the fact that “Norma Cruz Della Peña Onishi” or “Norma Cruz Onishi” is surely recognized as the natural child of “Genshiro ONISHI”.
b. Your parent marriage
According to his Koseki-Tohon, your father had been keeping his marriage with Japanese wife in Japan while you were born in the Philippines. That’s why your mother was impossible carry out her marriage registration to Japanese authority. As you see, it is entirely prohibited to perform the double marriage in accordance with laws not only in Japan but also in the Philippines. He, but not your mother, knew that his marriage with your mother fall under an illegal so that he could not report it to the Japanese Embassy in the Philippines.
c. Recognition by your father
On the other hand, even if he could not carried out his marriage registration with your mother, he was possible to recognize you as a child and register simultaneously to the Japanese Embassy in accordance with the Japanese Civil Code.
Nevertheless, he did not do it. He never submitted the “Cognitive Report” of “Norma Cruz Della Peña Onishi” or “Norma Cruz Onishi” to the Japanese Embassy or Consulate in the Philippines after you were born there since no fact of recognition can be found in this Koseki-Tohon. Besides, I surely believed that no one could find your name in Kaisei-Hara-Koseki-Tohon also because he never did it since he knew that his marriage corresponds to a violation of law and the childbirth with other woman falls into immoral as he got married with Japanese wife. However, it is obviously necessary to be the “Cognition” by “Genshiro ONISHI” in order that you are admitted as his natural child. If not, you have no way to be granted as a child of Japanese national at all.
What should I do?
First, you should ask him to carry out the recognition process. If he agrees with it, he must submit the “Cognitive report (Ninch-Todoke in Japanese)” to Fuchu-city office. That’s all. Your name filled in his Koseki-Tohon which means that you are a natural child of “Genshiro ONISHI”. This is called “Voluntary Cognition”.
Second, if he will not agree with it, you can file it to the Family Court as the case of “Cognitive Allegation” showing the DNA attestation and other proofs. Judge can admit your allegation and issue the decision finally. This is called “Compulsive or Judge Cognition”. Municipal office must fill in your name into his Koseki-Tohon in accordance with this Judge decision based on Civil Code. It means that you are authorized a child of Japanese national eventually and have a eligibility to be granted the status of residence as “Spouse/Child of Japanese national” after that.
d. Your name
By the way, the name of your birth certificate delivered from LCR is “Norma Cruz Onishi”. On the other hand, name of your passport/alien registration card is “Norma Cruz Della Peña Onishi”. Which is correct. You must amend or correct this big problem through a procedure of petition at the Regional Trial Court in the Philippines first, since the Japanese public office including the Immigration Bureau cannot accept a person who has two names.
e. Reason of disapproval by the Immigration
Under these facts and background, the Immigration Bureau could not admit your application for change of status. That is, the Immigration authority could not find the following important points in the materials:
-that “Norma Cruz Della Peña Onishi” and “Norma Cruz Onishi” is the same person (*),
-that “Norma Cruz Della Peña Onishi” or “Norma Cruz Onishi” is a natural child of “Genshiro ONISHI”.
(*) It is not to be accepted as the same human nature if one letter or spell of his/her name or one date of birth is difference.
f. For your information, you cannot acquire Japanese nationality immediately even if your father would carry out the “Cognition” soon since you are already over 20 years old. If you wish the acquisition of Japanese nationality, there is no other way except for the naturalization. Moreover, in that case, you have to reside permanently in Japan, which is required as the essential condition absolutely.
QUESTION-1
Is there a possible that I can have a “Japanese Child Visa” and my family (husband and 3 children) too?
ANSWER-1
Unless the blood relationship with Japanese national is proved by the public documents, anyone cannot be issued the status of residence of a “Child of Japanese national” or a “Long Term Resident”. For that purpose, the only way that you should do is just to contact to your father, and carry out the cognition process.
(Refer to the above-mentioned 2-(3) and (4))
QUESTION-2
Can you arrange or process my documents even if I’m not in there (Japan) since my mother –in-law who is now residing in Japan can contact with you?
ANSWER-2
Fortunately, your case is possible to perform by your mother-in-law in accordance with the Japanese Immigration Law. Then, if she can contact and request me to carry out after we would make our trust contract, I will take the necessary documentations if “Genshiro ONISHI” would have recognized you.
QUESTION-3
My mother is not married to my Japanese father and my father who is now living in Japan doesn’t want me to go there, unfortunately.
ANSWER-3
You can obtain your suitable visa “Spouse/Child of Japanese national” and “Long Term Resident” for your husband and children only if you could be recognized as a child by your father in the way of “Cognition Process” of Japanese Civil Code, anyway. Therefore, you must perform the “Compulsive Cognition” through the Family Court.
(Refer to the above-mentioned 2-(3))
QUESTION-4
Is it possible that my name put into the Koseki-Tohon of my father even if he doesn’t like it? He has married there and has family now.
ANSWER-4
Same as answer “No. 1” and “No.3”.
QUESTION-5
How long does it take the processing time?
ANSWER-5
It depends on the term of recognition of your birth. I think your mother-in-law would receive the approval notice about one month from the Immigration after she submitted the documents. Surely, she must attach the Koseki-Tohon filling your name as a recognized child of Genshiro ONISHI.
QUESTION-6
How much will it cost?
ANSWER-6
In accordance with our office’s regulation, your case, application of Certificate of Eligibility for “Spouse/Child of Japanese National” estimates 70,000 yen in total, and your husband/children cases for “Long Term Resident” is charged 90,000 yen per person (However, a child is 30% of the regulation charge). Then, you are supposed to pay for me it twice at the time of contract as retaining fee, and the time of when you would receive all required document from our office as a balance.
QUESTION-7
What are the required documents?
ANSWER-7
I would like to inform your mother-in-law after in detail we would have made our contract.
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