Visa Problem
Q-1) I am a Filipina who got married with a Filipino and my visa is “Designated Activities”. I want to live with him in Japan, but his visa is just a tourist visa. What shall I do so he can live with me here in Japan?
(Anonymity)
A-1) According to the present Immigration Act, an Immigration status of “Temporary Stay” including the tourist can change only if he/she has unavoidable reason. Does he have any unavoidable reason?
If he has, he can apply for change of status and would be granted it from “Temporary Stay” to the other Immigration status, such as “Engineer”, “Specific Activity” or “Designated Activities” like you.
Why won’t you consult with me in person after you make an appointment. I hope to be hearing from you soon.
Q-2) I am writing to see if your firm can assist with extending our friend’s status of residence in Japan. Here is her background:
* Nationality: Philippines
* Residence: Minato-ku
* Current Immigration status: Designated activities / 1 year. Expiration date: June 24, 2022.
* Current sponsor: New Zealand Embassy
* Continuous residence in Japan: 18 years. Legal immigration status the entire time.
12 years sponsored by the New Zealand Embassy, and 6 years with other sponsors.
* Other notes: No legal problems since arriving in Japan.
Community volunteer, active in church group.
Our friend’s sponsor is returning to his home country, and she cannot find a new sponsor in the New Zealand embassy.
I am American with permanent residence in Japan. My wife is Japanese. The Tokyo immigration bureau told me that my status does not allow me to sponsor our friend. However, I am happy to pay any legal fees if it can help her. Can your firm help us find a way for our friend to get permanent residence, self-sponsorship, or any visa that will allow her to stay in Japan for 1 more year without an embassy sponsor?
Is there a process for her to get permanent residence / eijuusha? If so, would she need a guarantor / hoshonin? Or is her only choice to extend her tokutei katsudou visa with a sponsor?
Or is there another kind of visa she can get? She thinks you told her she can receive eijuken if a foreigner with a business investor visa sponsors her. I don’t think that’s what you told her, so I would like to confirm.
Thanks very much for your consideration.
Best regards,
(“Frank” in Tokyo)
A-2) The contents that I answered and commented to her are as follows.
*According to your explanation, I am so afraid that you come under one of the Immigration status except for designated activities.
*Then, you have to find a new sponsor and apply for the extension of the period of stay by June 24, 2022.
*If you cannot find a new sponsor, your application will be denied, and you have to leave the country on or before June 24, 2022.
*New sponsor should be one of which is categorized as follows,
1. Diplomat/consul,
2. Person just like diplomat/consul who authorized by Japanese government in accordance with the convention/treaty
3. Person who is now working for foreign government or United Nation (except for diplomat/consul) and has no servant
4. Representative or vice representative of Taiwanese government who has no servant
5. Representative of Palestinian mission who has no servant
6. Soldier of USA or United Nation who is stationing in Japan, entitled a lieutenant commander or upper rank and has no servant
7. Person who is residing as Investor/Business Manager with child minor 13 years old and has no servant
8. Person who is residing as Legal/Accounting Services with a child minor 13 years old and has no servant.
* You can apply for permanent resident status after you can be admitted to the application for extension of period of stay. Because you are residing continuously for over 10 years in Japan, have stable occupation/income, accomplishment of tax obligation and have no criminal record. If you can get permanent residence, you do not worry about your job because you have no limitation and restriction of work because of Permanent Resident Status.
* Anyway, the first and most important thing that you should do is to find a new sponsor who fulfills the definition of the above mentioned. That’s all that I explained. I am so sorry to make her confused because these are so legally and technically referring to the Immigration Act. I do hope you would explain to her, and I always welcome your inquiry
Office name: Miyoshi International Legal Counsel Office
Telephone/Fax (Japanese/English): 0463-61-
E-mail: joshua.miyoshi@gmail.com
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-