The possibility of re-entering Japan after deportation
QUESTION # 1
I am Daria Ramones, the one who called about my husband and daughter’s case. We already hired an attorney last November to find the father of my daughter and get his koseki-tohon. However, the lawyer told us last October that he already has it, but we haven’t had the chance to take it from him yet. He said he’ll call us on November 25 and get back to us. That is why we are confused as what’s taking him long to talk to us. My problem is, our visa is also expiring, and we are supposed to go back to the Philippines on December 28. What steps can we take? Do we have to go back to the Philippines? Can my husband apply for 2nd generation visa without getting deported?
ANSWER # 1
You and your daughter, who are now doing unlawful stay (over-stay), have the following two choices.
1. Departure order
You would surrender to the Immigration Bureau and report the fact of unlawful stay. After that, you are supposed to be deported back to the Philippines by the “Departure Order” issued by the Immigration Service Bureau after the official in charge would have investigated you. Then, you must leave Japan within 15 days from the date of issuance of written document of the “Departure Order” and would be forbidden for one year from that date. This “Departure order” is one of the deportation orders.
2. Carrying out the deportation procedure
This is another way. You should acquire and prepare the required documents/certificates before surrendering to the Immigration Service Bureau. After you can fix it, you will surrender to the Immigration Service Bureau and report the over-stay. In this case, even if you would be requested to obey the “Departure Order” system, you should refuse it and request to be carried out the deportation order in order to obtain the “Special Permission to Stay” from the Ministry of Justice. It will take and require for this deportation procedure at least two months – two years. It depends on the contents of case.
Then, the decision/disposal is divided into two as follows:
1) One would be given the “Special Permission to Stay” and a Residence Card would be delivered to you and your daughter after decision/disposal. In order to be granted the “Special Permission to Stay,” they surely required you that you have the “special and unavoidable situation/reason”. It means that you have to substantiate and prove that you are a spouse of Japanese national and your daughter is a child by birth of Japanese national submitting the koseki-tohon of your Japanese husband.
2) The other one is the “Deportation Order,” which is ordered to repatriated by force their native countries. If they would be ordered this decision, they cannot enter Japan for five years or more after the deportation.
Anyway, please send me a copy of the family register of his father by the e-mail or post mail promptly. Because, I cannot say anything unless I can check and inspect this family register precisely.
QUESTION # 2
Thank you for explaining it in detail, we understand much clearly now. We think that it would be too risky for me and my daughter if they request for “Special Permission to Stay” because not only we do not know how long it is going to take, but also if ever we request it and in the end they get denied, they will have to be forced by the “deportation order” and cannot re-enter Japan for five or more years. We think it is better to wait one year rather than risking it. However, we still have some questions about the deportation.
1. If we surrender to the immigration and are given one year prohibition, can my daughter apply for 2nd or 3rd generation visa even if one year hasn’t completely finished, and exactly after one year, they can have their visa and go back to Japan (like applying in advance so they can go back to Japan earlier)? Or do we really have to wait exactly one year and then apply after?
2. Is it really possible for them to get 2nd or 3rd generation visa even if my husband is not in the koseki-tohon of his father? Or is it better if she be put to it first?
Whatever we decide, go back to the Philippines and wait for one year or to request for “Special Permission to Stay,” we would still like help from you. We just need to get the koseki-tohon of my husband’s father from our previous attorney and then maybe we can make a contract after that.
ANSWER # 2
Though you may think that your entrance into a country is certainly accepted if one year passes after his deportation, it is not exactly right. In order to accept your entrance into a country, he has to prove his identification/relationship with his Japanese father publicly and legally. And, regarding your question, please find my comments as follows:
1 – You and your daughter are absolutely impossible to return back to Japan within one year after deportation. Besides, that you/your daughter can return to Japan is only a case of which the certificate of eligibility would be delivered from the Immigration Service Bureau. And, the application for certificate of eligibility by him is supposed to be accepted after it would have passed one year or more from the deportation.
2- First of all, he has to prove publicly/legally a social position relation with his Japanese father. Therefore, no one can help him unless he can submit his Japanese father’s family register, which is written his relationship to his father. Please try to establish his social position relation with him first.
QUESTION # 3
I’m Santos from the Philippines. I’ve been deported using another name in my passport seven years ago in Japan. I would like to know if there is a possibility to re-enter Japan again using my real name. I want to fix everything now that I am of legal age, 27 years old. Would that be an issue?
ANSWER # 3
So, sorry. You have no way to re-enter Japan again based on the Immigration Law. Even if you would use your real name this time, an Immigration inspector can find out your deportation records by the computer system based on your fingerprint when you’d apply for entry. Moreover, your name has been listed up in the blacklist.
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-