Re-entry into Japan
Question:
May I ask for your comment or answer about my case?
I was deported back to my country five years ago, because I used a fake my passport with another name, which is not my real name. When I was deported, the Immigration officer noticed me that the period of my penalty is “5 years”. So, I came back to Japan as a Temporary Visitor.
However, they caught me and brought me back to the Philippines again (Airport to Airport) because of the fingerprint examination at the airport, though the penalty period has already passed over 1 month. On the other hand, my Japanese husband got remarried with Japanese after he made a divorce report and submitted it to the city office in Utsunomiya-city, Tochigi-prefecture without my consent. We have our son who is now living with me with a Japanese passport holder.
Can I recover my marital status?
How can I come back to Japan again with my child?
Please help me.
Rowena in Quezon-city
Answer
I think your case includes the extremely complicated and legal matter. In accordance with the law, there are two kinds of methods, which you can re-enter into Japan. One is a “Spouse of Japanese national”, and the other is a “Long Term Resident” which comes under the real mother of the child of Japanese national. You, yourself can judge and choose the best way. Please find it as I explain it in full detail as follows:
- Method that re-enters into Japan as a “Spouse of Japanese national.”
As you see, you must recover your marital status, first of all. Then, for that purpose, you surely must carry out the procedure currently mentioned below.
1) The explanation and the request to the Utsunomiya-city office
It is exactly a crime that your husband created the “divorce notice” dogmatically and submitted it to
city office, without obtaining your consent. That is, his act corresponds to the crime of the False Entry in Officially Authenticated Instruments (Paragraph 1, Article 157 of a criminal code), forgery of a Private Document etc. (Article 159) and a use-of-a-forged-private-document (Article 161), and to be carried out on punishments (five or less years of imprisonment, or a 500,000 or less yen fine Furthermore, although there is limitation in a crime, divorce is not materialized by prescription even if the state where it became divorce on a family register under the invalid divorce notice will continue in years.
Even if it had been divorced on the family register, it does not mean divorce, but the actual marriage has been continuing. Therefore, if he/she would submit a marriage report with other person to the municipal office, this action corresponds to “Committing Bigotry” based on Article 732 of Civil Code and is supposed to be severely punished as a bigamy (Article 185 of criminal code) since this marriage will not be accepted on law.
Although a victim in this case is you in a substantial manner, it is Utsunomiya city office on a formal target, which received this divorce report. Then, the city office as a victim of this case is necessary to charge this case to a criminal investigation agency (prosecutor’s office, Ministry of Justice / police office). Now, since you have been living in the Philippines, you may ask your friend or acquaintance who is now residing in Japan to explain that “the divorce notice was made falsehood by your husband” and request them to charge the criminal investigation agency (prosecutor’s office/police office).
2) Accusation to the police or a public prosecutor
However, when a city office will not correspond to their request even if your friend or acquaintance
would have explained honestly, your friend or acquaintance by themselves shall charge your case.
Although the accusation is possible by submitting a “Bill of Indictment” to the Public Prosecutor’s Office or police office by himself / herself, I think they had better consult and trust a lawyer who is the expert of this field because the creation of a bill of indictment is considerably needed for the law knowledge.
When your friend or acquaintance would create or make up a “Bill of Indictment”, she/he must fill in the following facts. For example, it is that you have been living in the Philippines all the time that a divorce notice has not been sent with international mail from your husband, that therefore you could not make your signature in it, which he submitted to the city office, and he is absolutely impossible to prove these facts. Because these facts are so clear from the entry and departure seal of Japanese Immigration.
From these facts, the criminal investigation agency will accept that a divorce notice is forged and will receive the “Bill of Indictment”. If a guilty verdict is decided as a result of a criminal trial, a public prosecutor is surely supposed to notify this decision to mayors based on paragraph 3, Article 24 of the Family Registration Law.
Then, the mayor who received the notice is also supposed to call on your husband to apply for correction. However, if there is no application of correction by him, the mayor will correct the record of his family register according to the authority of the mayor after they get permission from the Legislative Bureau, Ministry of Justice.
3) The mediation and the trial in the Family Court
Frankly and honestly speaking, the police are always negative to the handling of such a civil case. Therefore, they may be dealt with earnestly by your case saying, “There is no proof, etc.” In such a case, you must state and file your case as “mediation of a divorce invalid check” and “mediation of marriage cancellation” to the Family Court through your friend or acquaintance. “Mediation of a divorce invalid check” is the statement for accepting “The divorce between you and your husband should be invalid”.
Moreover, “Mediation of marriage cancellation” is the statement for accepting “The second marriage with your husband and a Japanese woman should be cancelled since it is bigamy”.
If it would be unsolvable by mediation, you can file it as a trial case (“the petition of a divorce invalid check”, “the petition of marriage cancellation”) at the same Family Court.
In that case, you can naturally request your husband the consolation money because of his infidelity, abandonment, and the forgery of a divorce notice with the distribution of property further. You will recover your marital status if one of the above-mentioned solutions is accepted. That is, you are able to re-enter into Japan again as a “Spouse of Japanese national” only if the period of penalty would have passed over, of course.
- Method that re-enters Japan as a “Long Term Resident” which comes under the real mother of the child of Japanese national.
It is not necessary to perform the procedures mentioned above (“1”). You yourself apply for a “Temporary-Visitor visa” at Japanese Embassy in Manila. In that case, you yourself must explain that your purpose of visit to Japan is the custody and bringing up independently your Japanese child by birth in Japan, showing your child’s Japanese passport and his family register.
Although the Temporary-Visitor visa is to go via substitute application organizations (travel company etc.) usually, the case of “Being custody and bringing up a Japanese child by birth” like your case can make the visa application at Japanese Embassy directly by yourself after you visit there.
Please keep in mind that this application is always handled at Japanese Embassy only in Manila, but not treated at the resident office in Cebu and Davao. On the other hand, it does not exist the Immigration status, “The real mother of the child who has Japanese National” in the present Immigration Control and Refugee Recognition Law. Therefore, you must come into Japan by a “Temporary-Visitor visa” first, and then you must change your Immigration status from “Temporary-Visitor” to “Long Term Resident” in the nearby Immigration Bureau promptly.
As you see, it is also possible to carry out the formalities of the above “1.” after you would be granted the change of your Immigration status.
- Information (How to prevent which a divorce notice submitted by your husband without your consent would be accepted).
Unfortunately, your case does not do any longer. However, for your information, please find the method as I comment as follows. Go to an office of the city, ward, town and village where you are now residing, and explain about your situation to which a divorce notice may be submitted by Japanese spouse without your notice. Then, you will receive a “Non-received proposal document of divorce-by-agreement report (“Fujyuri-moshide” in Japanese. See the sample)” and request to fill in this form from the clerk of municipal office. You can fill in it in English, teaching and getting the meaning of a column from the clerk, since all are indicated in Japanese.
The term of validity of this proposal document is just for “six months” only from the date of receiving. Therefore, you have to submit it new if you want to continue the term. A divorce notice will not be received for six more months.
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-