月別アーカイブ: 2016年11月

Immigration and Residence inspection toward spouse of same sex marriage

same-sex-marriage

Today, I’d like to introduce the notification from Immigration Office about same sex marriage and status of residence to you.
This is the summarized version I made.

The “spouse” stipulated in the status of residence “Dependent”, “Spouse of Permanent Resident”, etc. means that the one whose marriage is regarded as valid under the relating Japanese Laws on marriage as well.

It did not contain the spouse of same sex marriage, even if the marriage is valid under their national laws.

However, from now on, we decided that in principle we will allow the spouse of same sex marriage to enter and stay here under the status of residence “Designated Activities”.

There are mainly two reasons.

One is that recent other countries’ circumstances of organizing the laws relating same sex marriage, such as operation of same sex marriage in France in May, 2015.

The other is that from humanitarian perspective, as to the person who already live under same sex marriage, we should give them consideration so that they can live here stably as same as living in their countries.

So, now, there is a possibility that you can give your partner a status of residence.

Thank you.
Solicitor & Immigration Lawyer Hitoshi Oishi

I will provide high quality legal service with low financial and psychological burden to you.

20161129-service-1

I take refund system.
If your application fails, I will refund 70% of the fee to you.

Before receiving your request, I will ask you the information needed for application, then I will tell you an estimation about how much cost it will take.

Consultation is free of charge.

I will provide high quality legal service with low financial and psychological burden to you.

 

Thank you.
Solicitor & Immigration Lawyer Hitoshi Oishi

The death of or divorce from the spouse and the destiny of your status of residence

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When a foreigner married with Japanese and given the status of residence “Spouse of Japanese” divorces from or is bereaved of the Japanese spouse, he/she will lose the status of “spouse”, and therefore, in Immigration Control and Refugee Recognition Act, they will lose the eligibility for the “Spouse of Japanese” status, too.

As to this, there are two important rules.

Immigration Control and Refugee Recognition Act

Article 19-16 Any mid to long resident who is residing in Japan with a status of residence listed in the following items shall, (snip) notify the Minister of Justice to such effect and of the matters provided for in an Ordinance of the Ministry of Justice in accordance with the procedures provided for in the Ordinance of the Ministry of Justice within 14 days of the date of the occurrence of such cause.

(iii)
“Dependent” (limited to those pertaining to persons who are able to engage in daily activities as a spouse),
“Spouse or Child of Japanese National” (limited to those pertaining to persons with the status of the spouse of a Japanese national) or
“Spouse or Child of Permanent Resident” (limited to those pertaining to persons with the status of the spouse of a person residing with the status of residence of “Permanent Resident” or
“Special Permanent Resident” (hereinafter referred to as “Permanent Resident, etc.”):

Death of or Divorce from the spouse.

Immigration Control and Refugee Recognition

ActArticle 22-4(1)
(snip), the Minister of Justice may revoke the foreign national’s status of residence in accordance with the procedures provided for by Ordinance of the Ministry of Justice.

(vii)
Any person residing with the status of residence of “Spouse (snip) of Japanese National (snip) or the status of residence of “Spouse (snip) of Permanent Resident” (snip), who has been residing for six months or more without continuously engaging in activities as a person with the status of a spouse (except where there is a justifiable reason for residing without engaging in the activities).

Even if you divorce or lose your spouse, you will not lose your status of residence immediately, instead, for the time being, you can stay here as it is until you get the permit of changing of status of residence.

However, judging from the aim of Immigration Law, you had better apply for changing of status of residence without delay.

If you can’t get the permit, you will not be able to stay here, so you have to leave.

Thank you.
Solicitor & Immigration Lawyer Hitoshi Oishi

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The status of residence to stay as a family member (5)

dependent(5) Dependent

This status of residence will be given to the spouse or child who receives support from the person with the status of residence as follows;

 

“Professor”, ” Artist”, “Religious Activities”, “Journalist”, “Highly skilled professional “, “Business/Management”, “Legal/Accounting Services”, “Medical Services”, “Researcher”, “Instructor”, “Engineer”, “Specialist in Humanities/International Services”, “Intra-company Transferee”, “Entertainer”, “Skilled Labor”, “Cultural Activities”, and “College Student”

 

This status of residence will not be given to the family of “Technical Intern Training “and “Temporary Visitor”.

 

Also, this will not be given to the spouse or the child who receives support from the following person.

  1. Some part of the person with the status of “College Student”
  2. The person with the status of “Trainee”

 

As to “Spouse”, both patterns will be acceptable.

・A husband supports his wife.

・A wife supports her husband.

 

As to “child”, it contains not only real child but also adopted child and his/her age doesn’t matter.

 

However, as to the child of the wife by former marriage, which is not adopted by the current husband, even if the husband supports him/her, he/she is not eligible to this status of residence. The converse case is also true.

 

Anyway, to get this status of residence, the spouse or the child should receive support and stay as dependent family member. These two conditions are required.

 

If they get the “Permission to Engage in Activity Other Than That Permitted under the Status of Residence Previously Granted”, they will be allowed to work even having this “Dependent” status.

 

However, when they work and earn well enough amount of money, they will not be recognized as “Dependent”, so they will lose this status of residence.

 

The family member with this “Dependent” status is allowed to stay as long as the supporter spouse or parent can stay in Japan.

 

In principle, the stay period of the family member is the same as the supporter spouse or parent has.

 

If the family member can’t receive support from the supporter spouse or parent due to (1) death of the supporter, (2) departure from Japan, and (3) divorce the supporter, etc., they will lose the eligibility for this status of residence.

 

 

Thank you.
Solicitor & Immigration Lawyer Hitoshi Oishi

The status of residence to stay as a family member (4)

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(4) Designated Activities

 

“Designated Activities” is the activity that the Minister of Justice will designate to each foreigner especially.

 

As to the spouse or the child (children) who receive(s) the support from the foreigner with the status of residence “Designated Activities”, they will be given to this status of residence as dependent family member of  the designated activist as well, when they (Immigration Office or authority) allow them to enter or stay.

 

The family member with this status of residence is not allowed to work unless they get “Permission to Engage in Activity Other Than That Permitted under the Status of Residence Previously Granted”.

 

 

Thank you.

Solicitor & Immigration Lawyer Hitoshi Oishi

The status of residence to stay as a family member (3)

258926-1

(3) Long-term resident

 

Long-term resident is the person that is allowed to stay for a certain period of time by the Minister of Justice with the consideration of special reason.

 

Specifically, the notification of Justice Ministry stipulates the scope of this status, and there are some patterns of “Long term resident” who will stay as a family member.

 

Typical examples are as follows. (please refer to the diagram)

 

  1. A real child of the person who was born as the child of Japanese national.
  2. A spouse of the person who was born as the child of Japanese national and who stays with the status of residence “Child of Japanese”
  3. A spouse of the person with the status of residence “Long term resident” that is granted to stay here for over one year.
  4. A real child who is minor and unmarried and who lives by receiving support from the one with the status of residence “Spouse of Japanese” or “Spouse of Permanent Resident”

 

long-term20161122-1

 

When a child* of a Japanese (1st generation) who emigrated to the South American countries enters Japan, he/she (2nd generation/foreigner) will be given the status of residence as “Child of Japanese”.

*In case he/she was born in South American countries and didn’t take the reservation of Japanese nationality

 

In addition to that, the status of residence as “Long term resident” will be given to the person as follows; (please refer to the diagram)

 

  1. A spouse of the person (2nd generation)
  2. A child (3rd generation) who was born under between them

 

Like “Spouse or Child of Japanese” or “Permanent Resident”, there is no work restrictions to these long term residents.

 

 

As to the handling on status of residence about the foreign parent who support the real child of Japanese nationals;

To the foreign parent who wants to stay to take care of the real child who is minor unmarried Japanese, and who is no longer eligible to keep “Spouse of Japanese” status due to divorce from Japanese spouse or separation by death, in principle, they will allow them to change to “Long term resident” status, if the foreign parent applies for it.

In this case, the parent should have parental authority of the real child and need to take care of the child for a reasonable period of time actually.

 

 

Thank you.
Solicitor & Immigration Lawyer Hitoshi Oishi

 

The status of residence to stay as a family member (2)

smile20161121-1

(2) Spouse or Child of Permanent Resident

 

This status of residence will be given to the following person.

  1. Spouse of Permanent Resident or Special Permanent Resident
  2. Child born in Japan as the child of Permanent Resident or Special Permanent Resident and has been staying in Japan since then.

 

The meaning of “Child born in Japan as the child of Permanent Resident or Special Permanent Resident” is that when the child was born in Japan, any of the parents should be “Permanent Resident” or “Special Permanent Resident”.

 

When the father has already passed away before the birth of his child, the child will be eligible for this status of residence as long as the father was “Permanent Resident” or “Special Permanent Resident” at the time of his death.

 

The condition of this status of residence is whether the child has this personal status or not, so, this will be given regardless of whether the child receives support from his/her family or not, or, age.

 

Of course, the child should be staying here continuously.

 

There are no working restrictions to this status of residence.

 

Thank you.

Solicitor & Immigration Lawyer Hitoshi Oishi

 

The status of residence to stay as a family member (1)

409676

(1) Spouse or Child of Japanese National

This status of residence will be given to the following person.

  1. Spouse of Japanese
  2. Specially adopted child based on article 817-2 of Civil Law
  3. Child of Japanese

 

“Spouse” contains both patterns.

Husband: Japanese  Wife: Foreigner

Husband: Foreigner  Wife: Japanese

 

Adopted child except for specially adopted child will not be given this status.

 

The law stipulates that “Child” should be born under Japanese parent and there is no limitation of age.

 

The law does not require that the child should be born in Japan, so, even if the child was born abroad, he/she will be given this status.

 

Unlike “Dependent” status, there is no condition that the one should receive support from other family members.

Therefore, even if you are independent and make living by yourself, as long as you have the personal status above, you are eligible for “Spouse or Child of Japanese National”.

 

There are no working restrictions to foreigners with this status of residence, so they can engage to activities of other status of residence.

They can also do other activities such as simple labor.

 

This status of residence will be given to a child who was born abroad with no Japanese nationality under Japanese parent who has migrated to the South American countries.

 

Thank you.
Solicitor & Immigration Lawyer Hitoshi Oishi

Japanese language test in naturalization

japanese-language-test

 

I went to Nagoya to meet my client.

We went to Legal Affairs Bureau of Nagoya together to consult about his naturalization.

 

Today, he had to take a Japanese language test.

That was very important information.

 

Unfortunately, he didn’t pass the test, because he was bit nervous.

They told him that you can come here again to take the test after learning how to write more.

However the level of the test was relatively easy, so I am sure he would pass the next one.

To make it certain, I assigned him the homework.

That is “To write diary in Japanese”.

 

For the time being from now, he sends me the photo of his diary to me after he finishes writing every time, and then I will check them.

In this way, I will support him to improve his writing ability.

There are many matters to face in front of us, but I will do my best to get the best result for him

This is one of my jobs.

 

Even if your speaking ability is very well, when it comes to writing, you may feel it is difficult.

To get Japanese citizenship or to become Japanese, it is inevitable.

 

 

Thank you.

Solicitor & Immigration Lawyer Hitoshi Oishi