The resident’s possibility of those who have received domestic violence
QUESTION
) I visited Japan as a “Technical Intern Training” in the spring of 2018 and became acquainted with a Japanese male during the training, and I went back to the Philippines next year. Then, since the Japanese husband acquired the certificate of eligibility as a “Spouse/Chile of Japanese national” from the Immigration Bureau after he visited the Philippines twice and completed marriage procedure, I came to Japan after I got the Japanese visa from the Japanese Embassy last October, 2019. After I came in Japan, I also had been working by myself living together with him in Ichinomiya, Aichi.
However, he has come to use violence to me in the home recently, in addition to this, he came to press me a money whether he was saddled with the debt owing to pachinko, mah-jongg, etc. I cannot bear this but run away from home by depending for one of my friends who lives in Tokyo and I’m making the temporary residence her house from one week ago. My period of stay is one year, and it will expire on October 15.
May I ask you the following questions?
1) Is there any possibility to be granted the application for extension of a period of stay in such the situation?
2) I will ask for the guarantor to my friend since I cannot get a guarantee from my husband under these situations. Is it possible?
3) I wish to stay and work in Japan alone from now on. What kind of method is there for that purpose?
4) When the resident permission cannot be given to me from the Immigration Bureau, is there no other way but to go back?
Merissa in Tokyo
ANSWER
Please find my comment and answer as follows.
- Conclusion
If I would say it from a conclusion, the application for extension of period of stay would be denied, and you would be forced to go back to the Philippines in the present state/situation.
If you would refuse the decision of it and stay, you will become an “over-stay (=unlawful stay)” person and be surely deported to your native country by force after executing deportation procedure.
Under these situations, if you wish to stay in Japan succeedingly as you do want, it is necessary to carry out one of the following measures.
- Treatment
1) The residents as a “Spouse/Child of Japanese national”
Now, the status of residence (Immigration Status) to which you have been granted in Japan is defined and called as a “Spouse/Child of Japanese national”. This Immigration Status was granted to you since you’ve got married with a Japanese spouse legally and his application for a certificate of eligibility was approved from the Regional Immigration Bureau prior to your application for visa based on this certificate of eligibility.
However, if the marital relation has failed as you explained, the resident in Japan by the Immigration Status of a “Spouse/Child of Japanese national” will not be accepted as a principle, even if not divorced legally.
That is, as it is defined in the Article 752 of Civil Code (“husband and wife have to live together and have to do cooperation aid mutually”), you must live together with your Japanese husband. An official of the Immigration Bureau is always in charge of residents management treating and realizing that it is very natural “husband and wife lead community life” and this is a husband and wife’s fundamental form based on the regulation of Civil Code. Therefore, a “separation case” like your case is actually performing disposal and handling of not accepting his/her resident permission” in principle as a “case of which failed” his/her marital relation unless he/she corresponds to the exceptional case as follows.
(1) The circumstances concerning a Japanese spouse
In the case of which there is a certain special situation for a foreign spouse, such as she cannot live together along with a Japanese spouse when he received a transfer command to rural areas etc. from his company.
(2) The circumstances concerning a child
While his/her child is suffering from mental disorder and is in charge of medical treatment in the specific hospital, a transfer is difficult.
When a child is now in a junior high school, a high school, or a university and a move is difficult in practice since a child is at the time which is refraining from taking an examination.
(3) The circumstances concerning parents
When he/she lives together with his/her parents who require care, it cannot move with a family since only parents cannot be placed.
Since the reason for separation of your case is what is based on a “Japanese spouse’s DV”, you must substantiate and prove this. As one of them, there is a method on which you consult with the human-rights consultation window of the jurisdiction Legislative Bureau of Ministry of Justice. Moreover, you also can obtain the fair and exact diagnosis by the “spousal violence consultation support center” in Ichinomiya-city or the neighborhood in Aichi-prefecture after you consult with this center.
You also can obtain the information about the location of the “Legislative Bureau human-rights consultation window” and a “Spousal violence consultation support center” at the Ichinomiya city office.
When the fact of DV is accepted as a result of consultation, you will deliver and get the official document which indicated the facts from the Legislative Bureau or the center. After that, you can apply for the change of status to a “Long Term Resident” requesting with a “special consideration” attaching this document issued from these facilities.
However, the Immigration Bureau cannot decide your case since the actual condition of the contents of DV is unknown. Then, according to my individual’s opinion based on the administration precedent which can be set until now, it is as follows.
– The date of entry is in October, last year, so your marriage life and the history in Japan will not fill in eight months only.
– You have no child by birth among Japanese spouse and have also no signs to conceive
– There is no substantiation and proof about a reason which you have lived in separate house
Therefore, it seems that your application for change of status to “Long Term Resident” has no possibility to be granted based on these data.
Anyway, since the result etc. of the investigation and diagnosis about DV and the actual condition of it are unknown in the present condition, I can explain to you the only contents of this level.
Although the most desirable action is possessing yourself of the marriage life which restored marital relation with your Japanese spouse and by which the actual condition is accompanied again, is it difficult to restore a marital relationship too since you carried out the disappearance from home because of DV etc.,?
If there is no intention that you restore marital relation with your Japanese husband, it is necessary to cancel marital relation with him. A marital relationship would be cancelled by having received a “divorce notice” which you or your husband is supposed to submit it to a city, ward, town, or village public office on a law of Japan.
For that purpose, you have to discuss about the “divorce” with your Japanese spouse and a third party directly as soon as possible , and have to decide whether consider it as a “divorce by agreement”, or consider it as “divorce-by-mediation (“chotei-rikon” in Japanese)” / “judicial divorce (“saiban-rikon” in Japanese)”.
As a result of talking with your Japanese spouse temporarily, when he does not respond to a divorce by agreement, you yourself must go to the Family Court which is having jurisdiction over Ichinomiya city and file a case of “divorce by mediation”. As a result of it, if you can obtain the document proving stating the “divorce by mediation” from the Family Court, you would be given the stay permit from the Immigration Bureau and be possible to reside in Japan until your case will be settled at the Family Court.
2) The resident by other Immigration Status
As you know, there are 29 kinds of Immigration Status (it differs from the “visa” which has been issued from the Japanese embassy / consulate) provided in Immigration Control and Refugee Recognition Law now. The “Intern Technical training” and “Spouse/Child of Japanese national” given to you from the Immigration Bureau are one of these Immigration Statuses.
Since you had entered a country and resided by the Immigration Status of “Intern Technical training” in the past, you are possible to come into and reside in Japan as a “Intern Technical training” again if you would choose other types of industry which are not types of industry mastered in the past.
Moreover, if you have the requirements for the “Case No. 1 of specific skill” enforced from April 1, 2019, you are also possible to enter into a country and reside by this Immigration Status. Regarding to the requirements for “Case No. 1 of specific skill”, please ask me about it separately since it is difficult to explain it on account of space.
Even if it is which case, it is necessary to conclude an “employment agreement (contract)” among the company which are going to be in office by the time when you would go back to your native country, and to assure that the invitation procedure by the company performs. After completing these matters, you would go back to your country once. And, you would enter into Japan anew if the certificate of eligibility would be issued from the Immigration Bureau.
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