Philippine Digest

Best pinoy portal in Japan

Immigration

The new Immigration Card

admin
QUESTION 1

A rumor has been circulating and is confusing our communities. Is it true that the Immigration Control and Refugee Recognition Law has been revised and the permission for permanent residence was removed? My Immigration status is “Spouse/ Child of Japanese National” When, what and how does it change?

ANSWER 1

Please don’t be confused by the rumor and be advised of the following:

(1) When was it revised? all articles of revised law will be enforced in July 9, 2012 since it has been passed by the parliament on July 15, 2009.

(2) Does the permission for permanent residence removed? No, absolutely not. However, a person who has been granted must renew the “resident Card” at the immigration bureau every seven years.

(3) What is the “Resident Card”? Certificate of Alien Registration Law was replaced by the new immigration law. Meaning, that the Certificate of Alien registration is replaced by the “residents Card”. A “resident Card” is issued not by cities, wards, towns, and villages but by the Immigration Bureau. A Certificate of alien registration Card is deemed to be a “residents Card” through July 9, 2012 to July 8, 2015. That is when you will be granted the application of extension of period of stay at immigration between July 9, 2012 to July 8, 2015, you will be issued your resident Card at that time.

(4) How about if there is a change in address? You should notify the municipal office. It means that the change and report of your home only must be filled in the Resident Card by the municipal office, but the change of others (Ex. Name, Nationality, Date, etc) should be reported to the immigration.

(5) Is it the same procedure when I will come back to my country? The re-entry permit will be classified into as follows:

  1. De-fact reentry permit. This is a new system in the revised law. if your stay outside Japan is within one year, you are not required to apply for reentry permit. That is, you can go out and come back without obtaining a reentry permit if you possess your passport, E/D card and residents card. However, it cannot exceed one year even if you have any special reason (Ex. disease, accident,wound) in your country.
  2. Single reentry permit Same as the former system. You can use it one time and reenter to Japan until the period of reentry permit even if it exceeds one year.
  3. Multiple re-entry permit Same as the former system. You can use it multiple and reenter to Japan until the period of reentry permit even if it exceeds one year
QUESTION 2

I have been overstaying for 12 years after I came into a country as a tourist visa in May, 1999. I saw the bulletin news (homepage) of the Immigration Bureau the other day. Then, according to this bulletin news, I got to know that the revised Immigration Act will be fully enforced from July 9, 2012. However, I hardly understand it concretely. Then, please let me know about the following question;

(1) I have now the Certificate of Alien Registration on which is commented “No Immigration Status.” It is supposed to be issued a “Residents Card” instead while the Certificate of Alien Registration will be lost based on a bulletin news. Can I also be issued a “Residents Card”? Illegal immigrants like you, such as those who are residing unlawfully are not issued this Card. That is, those who will be permitted the extension of period of stay, etc. between July 9, 2012 and July 8, 2015 are supposed to be issued a “residents Card” instead from the immigration after the immigration Bureau would have collected the Certificate of Alien Registration at that time.
However,

  1. persons granted permission to stay for not more than 3 months
  2. persons granted the status of residence of “Temporary Visitor”
  3. persons granted the status of residence of “Diplomat” or “Official”
  4. persons whom a Ministry of Justice ordinance recognizes as equivalent to the aforementioned foreign nationals
  5. Special permanent residents
  6. persons with no status of residence are not to be issued the “resident Card”. That is, you cannot get a residents Card” because you are “persons with no status of residence”.

(2) Then, what does my Alien Registration Certificate mean which I have now after July 9 of this year? it does not mean anything. it just becomes similar with a “Slip of white paper”.

(3) As you know, the Alien Registration Certificate was very convenient for the issuance of a bank account, or job-hunting, employment and change of employment until now. So, if it becomes similar with a “Slip of white paper”, how am I treated by the Immigration Bureau from now on?

You will be arrested, detained and executed a deportation procedure by the immigration Bureau eventually. Then, you will be deported to your country by force, as a rule. That is, the immigration Bureau has been collecting and inputting the “Original alien registration records”, which are kept at municipal offices, into their computers so that they can easily find your address and illegal situation. Therefore, illegal immigrants are supposed to be arrested, detained and executed a deportation procedure immediately when the immigration Bureau found these person in the course of the input.

(4) If I would move away from present address in order to escape from arrest, and if I can work elsewhere, I think I am fleeing and they could not arrest me. According to the revised immigration act, all the employers have to examine foreign employees, whom they are employing now and they are going to employ from now on, whether these aliens have a “residents Card” or not, and whether they have a “immigration Status to allow them to work” or not. Furthermore, the employer is obliged to carry out the periodic report of the employee’s name etc. to the immigration Bureau.

(5) If an employer neglects this report, I think that the authority cannot find out me at all. And, if an employer did so, what is the punishment? Yes, they can do it so easy. Because, the immigration Bureau will get related information from the Ministry of labor and the circumstances become clear immediately even if he/she did not report it to the immigration. Then, he/she will be severely punished for “illegal Employment Fostering Crime.”

(6) If that is so, is it impossible to employ an illegal immigrant like me? That’s right. The employers will discharge an illegal immigrant and will not employ him after July 9. So you will not be hired.

(7) So, it means that the intention of the revised Immigration Act is a purpose to control an illegal immigrant like me, doesn’t it? Exactly yes, your point is quite right. One of the greatest purposes of a legal revision is a crackdown of illegal immigrants.

(8) What and how should I do in order to reside in Japan for me lawfully then? There is nothing except for that you would be granted the “Special permission to Stay”.

(9) Are there any criteria? Can I obtain the “Special Permission to Stay? The criteria, which the immigration Bureau has published is as follows: I Basic rationale on special permission to stay in Japan, and matters taken into account when judging whether to grant permission.

When judging whether to grant special permission to stay in Japan, a comprehensive appraisal is made of all relevant circumstances for each individual case.

These include the reason for the requested stay, family circumstances, the applicant’s conduct, situations in Japan and abroad, consideration of humanitarian grounds, and, moreover, the potential impact on other persons without legal status in Japan. When doing so, the following specific matters are taken into account. Positive Elements The following are taken into account as positive elements, in addition to the matters specified in the immigration act, article 50 paragraph 1 items (i) to (iii) (see annex).

1. positive elements to be given particular consideration

(1) When one or both of the applicant’s parents are Japanese nationals or special permanent residents.

(2) When the applicant supports his/her own child (a legitimate child or an illegitimate child acknowledged by his/her father) born of the applicant and a Japanese national or special permanent resident, and when all of the following requirements are applicable;

a. When the child is a minor and unmarried.

b. When the applicant has parental authority over the child.

c. When the applicant has lived together with the child in Japan for a significant period of time, has custody of and raises the child.

(3) When a marriage between the applicant and a Japanese national or special permanent resident has been legally established (Excluding cases in which marriage is feigned or a formal notification of marriage has been submitted with the aim of avoiding deportation), and when both of the following requirements are applicable;

a. When the applicant and his or her spouse have cohabited for asignificant period of time as a married couple, and are mutually cooperating with and supporting each other.

b. When the couple has a child or children, or when there are other reasons to deem that the marriage is stable and mature.

(4) When the applicant is living together with his/her own child who is enrolled in an institution of primary or secondary education in Japan (excluding educational institutions in which education is given in the child’s own language other than Japanese) and has resided in Japan for a significant period of time, and when the applicant has custody of and raises the child.

(5) When the applicant requires treatment in Japan for a serious illness, etc., or when the applicant’s continued presence in Japan is deemed necessary in order to nurse a family member who requires such treatment.

2. Other positive elements

(1) When the applicant has appeared in person at a regional immigration bureau to report that he or she is residing in the country without legal status.

(2) When a marriage between the applicant and a person who resides in Japan under a status of residence specified in Appended Table II (see Annex) has been legally established, and when the applicant falls into the category of the above-mentioned. 1 (3) a. and b.

(3) When the applicant supports his/her own child (a legitimate child or an illegitimate child acknowledged by his/her father) who resides in Japan under a status of residence specified in Appended Table II, and when the applicant falls into every category of the above-mentioned 1 (2) a. to c.

(4) When the applicant is a minor and an unmarried child receiving the support of his/her parent who resides in Japan under a status of residence specified in appended Table II.

(5) When the applicant has resided in Japan for a considerable period of time and is deemed to be settled in Japan.

(6) When there are humanitarian grounds or other special circumstances.

Negative Elements
Negative elements are as follows;

1. Negative elements to be given particular consideration.

(1) When the applicant has been punished for a serious crime, etc.

(Examples)

  • When the applicant has been punished with penal servitude for a vicious or serious crime.
  • When the applicant has been punished for smuggling and illegal trafficking of ‘goods harmful to society’, such as illegal narcotics and firearms.

(2) When the applicant has committed an offense related to the core of national administration on immigration control, or has committed a significant antisocial offense.

(Examples)

  • When the applicant has been punished for abetting illegal employment, crimes related to mass stowaway, illegal receipt or issue of passports, etc.
  • When the applicant has been punished for abetting illegal or fraudulent residence in Japan.
  • When the applicant has committed an act that significantly compromises the social order of this country, such as personally engaging in prostitution or causing another to engage in prostitution.
  • When the applicant has committed an act that significantly infringes human rights, such as human trafficking.

2. Other negative elements

(1) When the applicant has entered the country illegally by stowing away on a ship, or by using a false passport, etc., or falsifying the status of residence.

(2) When the applicant has undergone procedures for deportation in the past.

(3) When the applicant is deemed to have committed other violations of penal law or acts of misconduct similar to these.

(4) When the applicant has some other problems in the circumstances of his or her residence in Japan.

(Example)

– When the applicant belongs to a criminal organization. ii Judgment on whether to grant special permission to stay in Japan an application for special permission to stay in Japan is given favorable consideration when, after the items listed above as positive and negative elements have been individually evaluated and given all due consideration, circumstances that should be regarded as positive elements clearly outweigh those that should be regarded as negative elements. Therefore, an application for special permission to stay in Japan is not necessarily given favorable consideration just because a single positive element exists; conversely, the existence of a single negative element will not prevent an application from being given favorable consideration altogether.

The main examples are as follows; Examples in which an application for special permission to stay in Japan is given favorable consideration

– When one or both of the applicant’s parents are Japanese nationals or special permanent residents, and when there is deemed to be no particular problem with the circumstances of the applicant’s residence, e.g. there has been no violation of other laws or ordinances.

– When the applicant is married to a Japanese national or special permanent resident, and there is deemed to be no particular problem with the circumstances of the applicant’s residence, e.g. there has been no violation of other laws or ordinances.

– When the applicant has been resident in Japan for a considerable period of time, has personally reported to a regional immigration bureau that he or she falls into the category of deportation, and there is deemed to be no particular problem with the circumstances of the applicant’s residence, e.g. there has been no violation of other laws or ordinances.

– When the applicant is living together with his/her own child who was born in Japan, has lived for at least 10 years in Japan and is enrolled in an institution of primary or secondary education in Japan, and the applicant has custody of and raises said child, has personally reported to a regional immigration bureau that he or she is staying in Japan illegally, and there is deemed to be no particular problem with the circumstances of residence of both parent and child, e.g. there has been no violation of other laws or ordinances. Examples in which an application for special permission to stay in Japan is given unfavorable consideration.

– When the applicant, though living in Japan for at least 20 years and deemed to be settled in Japan, has been punished for crimes such as abetting illegal employment, crimes related to mass stow-away, illegal receipt or issue of passports, etc., and has committed an offense related to the core of national administration on immigration control, or has committed a significant antisocial offense.

– When the applicant, though married to a Japanese national, has committed an act that considerably disturbs the social order of this country, such as having others engage in prostitution.

(10) Would you accept an individual consultation? Surely, i am always welcome to individual consultation with pleasure since i have responded to the individual consultation of not only this case but all cases, if you would make an appointment (a consultation: fee is 5,000 yen, time unrestricted).

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

Nearest station: Keio Nagayama by Keio line or Odakyu Nagayama by Odakyu line in Tama-city, Tokyo

Working hour/day: 09:00-18:00/Monday-Saturday (except holidays)

 

Comments are closed.