Long Lost Child
QUESTION 1
My application for extension of period of stay was rejected by the Immigration since my name on the birth certificate is different from \my baptismal certificate. So, I would like to know if the immigration officers would accept my affidavit of discrepancy because my name on the birth certificate differs from my baptismal certificate. Moreover, I am using my name on the baptismal certificate, then, my name on my passport and school records are all the same as my baptismal name.
Can I re-apply with my affidavit of discrepancy? Please enlighten me about my case and let me know how to do it. I am looking forward to receive your reply.
(Cathleen in Aichi-ken)
ANSWER 1
To be honest your affidavit of discrepancy would not be accepted by the Immigration office, even if the Philippines Embassy authenticates it, the Immigration Bureau will hardly accept your application based on this affidavit of discrepancy.
That is, the certificate of birth issued from NSO is exclusively and absolutely the public data concerning your birth on the legislation in the Philippines, and all the public data, such as record of a school, a passport and a social insurance certificate, are created based on this certificate of birth.
Therefore, when the name on a passport differs from the name on a certificate of birth, it does not seem to be a same person. It means that one character of full name or one day of birth date differs from it on the birth certificate will be a different person and it is not accepted as the same person.
For your information, there is a “Family Register System” In Japan, as you know. So, father or mother of those who were born in Japan/abroad must submit a birth report to a public office (Municipal office in Japan or Japanese Embassy in Abroad) within 14 days from the time when she will give birth.). Municipal office or Japanese Embassy is supposed to accept this report, and fill in the child’s name, date/place of birth, name of parent, weight, name of obstetrician/ gynecologist or midwife into the copy of a family register at the municipal office of father’s domicile address.
On the other hand, there is no system of a baptismal certificate in Japan. So, the Immigration Law in Japan and practical application in the Immigration Bureau regard a certificate of birth as the element of the judgment/decision.
Also, in the case of a passport issuance, passport is always created based on the certificate of birth which he/she submits.
Therefore, if the certificate of birth differs from the baptismal certificate and other certificates, he/she has to correct or amend it at the Regional Trial Court and it must be made in agreement with or suited his/her birth certificate.
QUESTION 2
Millions of thanks to your column in the Philippine Digest.
I am happy and thankful that you are here willing to give advices and help especially to us Filipinos regarding in matters of living and working here in Japan. I would like to ask your counsel too in my personal situation.
I am a Filipina who is married to a Japanese national and we have one son. My husband was married to a Japanese wife but they are now divorced with 2. During their relationship, my husband confessed to me that he had another woman who got pregnant, in other words he have another child to a Filipina who was a talent before. The Filipina talent after her contract came back in the Philippines and there he support them until their baby came out and reach until 1-2 years old, my husband says that his financial support before is not that regular since he is keeping it secret from his Japanese wife. He didn’t have the chance to follow her in the Philippines to see their son for their relationship is secret to my husband’s wife.
He only has the chance to see him in pictures. The problem now is after 2 years of supporting their child, the mother changed her address and some news he heard about their former friends that she married a Filipino without telling to him. 20 years have passed he haven’t heard from his child with that.
My husband now aged 56 wants to see his lost son and only last February of this year when we visit his old brother in Fukuoka, he had the chance to meet their old friend who is also in vacation but now staying most of the time in Shikoku. There, when they met he had the chance to ask about the whereabouts and a little information about his other girl and their child. The friend told him that his son worked here in Japan for about 2 years without visa and now he came home in the Philippines last year. My husband feels guilty for not supporting him financially for almost 20 years and now that they have the chance to see each other , my husband wants to bring his son here to be with him and spend time.
The problem is that this boy worked here without proper visa and he doesn’t use his father’s surname for his mother are not married with my husband before, is it possible for my husband to bring his son here and change its surname to my husband’s surname?
What are the needed papers for this matter for my husband is willing to bring his son here and help him?
I want my husband to be happy and feeling complete now for he has the chance to see his lost son now, please help me regarding my husband’s problem…Thank you and God bless!
（Anonymous）
ANSWER 2
I myself sincerely and seriously sympathize with so-called “Japinoy” who have many difficulties for identification, acknowledgment, adoption, naturalization and so on.
I understand his idea, intention and your heartache for your husband. Therefore, please find some ideas and way of solutions in accordance with the law concerned as follows:
First, please look at the Certificate of Birth issued from Philippine government (NSO) when his child was born in the Philippines.
- Can you find out father’s name on the Certificate of Birth of this child?
- Has father’s name been described in the column of father of the Certificate of Birth?
The possibility goes out and it comes considerably if this description exists.
Next, had Japanese father reported the acknowledgment to the district municipal office (city, town and village public office) in Japan, declaring the fact that admits, “This child is my child“, when his child was born and afterwards?
If he had never taken such acknowledgment, this child had never filled in his father’s Family Register (Koseki-Tohon in Japanese) as his child. However, your husband can submit the written report of acknowledgment to the district municipal office now where he lives. Of course, some evidences are necessary when your husband submits the report at the municipal office, because no one at the municipal office can decide and admit a person who reported by your husband as his true child or not.
What kind documents and papers are necessary to prove it? These are, for example, the Certificate of Birth from which Japanese father’s name was described in the column of father is a typical evidence. Additionally, letters exchanged between them and photographs of which Japanese father and Filipino mother were associating. Moreover, evidences in which Japanese father was doing the economic backing for her are also evidence.
Thus, if the acknowledgment report is accepted to the municipal district office in Japan, the child becomes your husband’s own child who is entitled to come into Japan after this child would be granted the visa (=Immigration status “Spouse/Child of Japanese National”).
However, according to your letter, this child has been now overstaying in Japan. Foreigner who overstayed in Japan, as a rule, is supposed to be deported to his/her own country after the Immigration formalities (= the deportation procedure), as you see. Therefore, he is also supposed to be deported for Philippine. However, if he is possible to fall under the criteria of “Special Permission To Stay” of Immigration law, he is possible to stay in Japan without deportation.
Then, let me explain about the system of “Special Permission To Stay“.
This system is stipulated at Article 44 in the Immigration law and is the only way to get Immigration status lawfully for the persons who are unlawfully staying in Japan. The Minister of Justice only can give this permission to the foreigner in the favor who resides illegally on the deportation procedure in accordance with the Immigration law.
How does the “Special permission for residence” obtain or get?
First, he has to go to Immigration office, surrender and declare his situation/background. Upon acceptance his surrender, Immigration bureau will take the deportation procedure, which includes investigation, inspection and hearing. After the hearing, he can ask for and appeal this special permission to stay to the Minister. He has to explain and prove those circumstances mentioned above that are useful materials and factors to obtain this “Special Permission To Stay”. If he cannot perform it unfortunately, he is supposed to be denied his appeal to stay in Japan, and is automatically deported back to Philippines.
As you see, so many cases have occurred in the Immigration Bureau until now, but there are innumerable cases of which has not been granted this permission by the Minister of Justice since they were not attached to their cases as an importance. It is mostly late to request a lawyer after you were caught by police or Immigration officer. Then, please consult with the specialist/expert of Immigration Law before you are caught by them.
In that case, it is useless to consult with or to trust the lawyers who do not have full knowledge of Immigration Law. Because, an illegal case is multifarious and the documents drawn up for every case are different case by case, which is required a special legal knowledge and skills. Therefore, it is required to discern whether the lawyer in charge is a specialist or not before signing a contract. You had better not to request to the lawyer at least who does not understand English or the lawyer who does not make and exchange the “Business Trust Contract” in English. Moreover, even if a contract in English is drawn up, you have to decline this contract at once since it does not mean the contract, which did not fill in a lawyer’s duty and responsibility but has indicated remuneration only.
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