Visa Questions and Concerns
QUESTION 1
I read your column in the Philippine Digest Magazine about the new immigration law. I also want to ask for some advice from you, Atty. Miyoshi. I have already been overstaying for 2 years in Japan. I have a Family Visa when I came here. I was married with a Japanese national for almost 6 months. Just for almost a month, he started beating me which is why I decided to leave him even though my marriage visa is not yet release from the immigration. So, currently, I don’t have any visa.
Before we got married, I had a half Japanese/Brazilian boyfriend which is where I`m living now. He has been living in Japan for almost 18 years and we are planning to get married. Is it possible that I can get a special permission to stay?
What should I do? I hope you can help me with my problem.
JAY
ANSWER 1
I am so sorry that I cannot explain or answer you if you could be granted the “Special Permission to Stay” from the Minister of Justice or not because I haven`t check your passport, certificate of marriage, family register (Koseki-Tohon) of Japanese husband, final decision of marriage annulment issued from the Trial court in the Philippines, passport/alien registration of your Brazilian boyfriend and your/his background etc.
Can you show me his Immigration status and duration? What type of Immigration status does he have? Did you carry out your marriage annulment in accordance with the Family Law in the Philippine? Did you obtain your CENOMAR from NSO? Can you do your marriage registration at the Philippine embassy and Brazilian embassy?
Yes, I can answer you only if you can show to me these certificates and explain to me your personal history to your re-marriage with Mr. Brazilian. Why won’t you visit our office and consult with me in person so that you can find the best solution.
QUESTION 2
I am currently living in Manila while my parents and siblings already have a permanent resident in Japan. When I came to Japan in 2002 to visit my parents under a “Visiting Relatives Visa”, I was given a 3-month visa. When I arrived in Japan, I worked in a factory. Afterwards, I tried to apply changing my status from Temporary Visa to Long-term Resident but I was denied. The immigration personnel said that I have to go back to the Philippines if I want to obtain a Long-term Resident. However, they extended my stay for another 3 months. They said that I cannot work while having a Temporary Visa. I didn’t consume the extension. On my 5th month, I went back to the Philippines.
In 2003, I applied again at the Embassy here for “Visiting Relatives Visa” together with my husband and daughter. We obtained a 3-month visa and we intended to change our status again to Long-term Resident. Once again, our request was denied. The immigration personnel said that he could not disclose the information to us why we are denied. When I asked him if he could at least help us on how to work on our visa, he said that It`s because my birth certificate is late registered which is true. I was the one who process my own birth certificate in Manila because I tried getting the original copy at NSO but they said I am not registered. Since my parents are in Japan at that time and I am already in the legal age 18 years old, the local city hall allowed me to process my own birth certificate. The personnel said that they are questioning it. We went back to Manila but then the immigration gave us another 2 weeks extension. I never over stayed in Japan.
A friend who works in Japanese embassy in Manila told me that maybe the reason why I am having a difficulty obtaining a visa it is that we are applying in Nagoya Immigration. She said in Japan, Nagoya Immigration is the strictest. Therefore, my eldest brother wants to try to apply my visa at Gifu Immigration since he lives in Gifu Ken. What can I do with my birth certificate if it is really late registered? It is a legal document in The National Statistics Office and I cannot change the details there already. Is there any way I can obtain a Long-term Resident in Gifu Immigration? Some people say it is better if the immigration will be the one who will file for my certificate of long-term residency on behalf of my brother. Is that true? Please help. Thank you so much!
Marynel Dionisio
ANSWER 2
I guess that your case corresponds to the status of residence “Long Term Resident” from the way of response of the Immigration Bureau.
However, it seems that the authority cannot give you the status of residence “Long Term Resident” since a certain discrepancy or contradiction is on the late registration of your birth certificate.
So, you have to solve this variance and contradiction first in order to solve a matter.
As you know very well, you are required to correct or amend through the Trial court in the Philippines and get the record/certificate from NSO after that.
Besides, the case of change of status from Temporary visitor like you to another status including the Long Term Resident is not accepted in principle unless the special circumstances exist.
Especially, in your case, it is absolutely impossible to grant because your identification on the certificates is discrepancy or contradiction.
This decision will be taken at not only Nagoya immigration but also not other Immigration Bureau.
QUESTION 3
Four years ago, I had a problem and had to pay 100 000yen fine. When I paid, I renew my visa and I was told that I was punished for 5 years. I wanted to know if I go back to the eligibility process after 5 years ?
Juan HIGA
ANSWER 3
The penalty for five years imposed from the Immigration Bureau what you mentioned is a deportation, isn’t it?
Usually, a penalty is to be burdened to the deportation person (deportee). A period of it will be divided roughly into four such as for a year, five years, ten years and permanent. I think that your penalty seems to be this one. If the period of a penalty passes over, everyone can make an application for the Certificate of Eligibility. However, please do understand the point of which it does not mean that it will be certainly admitted if it will apply for it.
QUESTION 4
Last February, I presented documents to obtain permanent residency in Mito Ibaraki Immigration office. I got married to Japanese for a long time and we have three daughters in common with Japanese nationalities. I want to know why it’s taking so long to get the response over an issue. It has been 3 months now. Moreover, some people told me that they are not going to concede my permanent residency anymore and only for 5 years instead. Is that true?
Thank you in advance for any response that can clear my doubts. Thank you.
ANSWER 4
It will take about one year until you would be noticed the decision of permanent-resident after an application would be received at local Immigration office. Because, the case of application for permanent resident only should be sent to the Ministry of Justice in Kasumigaseki, Tokyo after the Regional Immigration Bureau throughout the country accepted as the Minister of Justice only can decide it.
Therefore, your case is also sent to the Ministry of Justice after Tokyo Regional Immigration Bureau in Shinagawa, Tokyo received from Mito branch office and is carefully examined.
After the Ministry of Justice in Kasumigaseki would examine anew and decide an approval or disapproval, it will be noticed to Mito branch office through Tokyo Regional Immigration Bureau.
You will be noticed the decision from Mito office.
Immigration Control and Refugee Recognition Law will be revised radically on July 9, this year. Those who have long-term Immigration status of residence like you are called a “Medium-to-Long Term Residents Person”, and the “Resident Card” will be delivered.
After the Law would be revised, a term of residence will be prolonged to five years at the longest. Those who have no problem and fulfill the criteria are given the longest period (five years). Instead, the Certificate of Alien Registration disappears and will be surrendered by the Immigration. Moreover, the permanent resident system will continue as before. However, it is necessary to renew the “Resident Card” every seven years at the Immigration Bureau even if those who are granted the permanent resident.
Office name: Miyoshi International Legal Counsel Office
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