月別アーカイブ: 2016年12月

Guarantor and Letter of endorsement

In immigration procedures, there is a case that you are required to prepare guarantor and submit letter of endorsement of the guarantor.

 

When judging whether they allow you to enter and stay in Japan, there are several points to consider.

 

That is to say;

He/She is a good person or not?

Whether he/she is able to live in Japan without inconvenience or not?

Whether there is a supporter to give them a helping hand so as not to be in trouble?

Whether there is a financial supporter or not when they are in financial trouble?

Whether there someone who can support their living expenditure or traveling expenses?

 

To solve these problems, as to the person who doesn’t have the ability to make his/her own living, there is sometimes a case where you are required a guarantor to guarantee above matters. And, you are also required a letter of endorsement to guarantee with document.

 

Therefore, when you have the guarantor who has secure financial condition, they will allow you to enter and stay here by believing the guarantor. On the other hand, when there is no guarantor or even if there is a guarantor, but they lack the capacity of taking care of you, you might not be able to enter Japan.

 

This is the reason why you are required to submit the documents on guarantor such as certificate of employment, certificate of tax payment, and so on, when you submit the letter of endorsement.

 

 

Thank you.

Solicitor & Immigration Lawyer
Hitoshi Oishi

Extension of Period of Stay while you are overseas

(Question)

Can I apply for Extension of Period of Stay of my status of residence at Japanese embassies overseas, when the expiry date is approaching while I am abroad?

 

(Answer)

In this case, you can’t do it. You should re-enter Japan by the period and apply for the extension at Immigration Office which has jurisdiction over the area where you live.

 

Thank you.
Solicitor & Immigration Lawyer
Hitoshi Oishi

Even if you have Permanent Resident…,

One of the most popular inquiries is like this.

“I am a permanent resident here. I want to invite my child/children and live together in Japan.”

 

In most inquiries, their child/children is/are over 20.

 

In this case, you can’t invite them here.

If they are under 20 and unmarried and receive support from you, you will have a chance to give them the status of residence, “Long term resident”.

 

Having Permanent Resident does not mean that you have the eligibility to invite your children in all cases.

 

To invite them, you should get “Temporary visit visa” for them.

 

Thank you.

Solicitor & Immigration Lawyer Hitoshi Oishi

 

The flow of coming to Japan by using “Certificate of Eligibility” (COE)

This system enables any foreign national who presents or submits a certificate of eligibility to obtain a visa and permission for landing quickly.

 

1 Application for COE from the person concerned in Japan

 

2 Examination by Immigration Office

 

3 Getting COE

 

4 Sending it to the said person in abroad

 

5 The person goes to Japanese Embassy to apply for issuing visa.

 

6 Getting visa

 

7 Application for Landing

 

 

Please be careful about this point!

The term of validity of COE is 3 months.

You have to apply for landing within 3 months from the date of issue.

Even if you come to Japan within the validity of visa, you can’t “land” on Japan when the validity of your COE is already expired.

 

COE says “This certificate should be submitted to an Immigration Inspector with an entry visa for the landing permission at the port of entry, and shall cease to be valid if the application for landing permission is not filed within 3 months from the date of issue.”

 

Example:

(Visa)

Date of issue 08 NOV 16

Date of expiry 08 FEB 17

 

(COE)

Date of issue 29 SEP 16

Date of expiry 29 DEC 16

 

In this case, you need to come here by 29 DEC 2016.

 

 

Thank you.
Solicitor & Immigration Lawyer Hitoshi Oishi

 

Preparing for inheritance

20161211001

(Question)

My husband is Japanese.
I have been living in Japan for many years.

He suddenly fell down, and now, I am taking care of him.

I am very concerned about our future.

He was an office worker, but now, he runs his small business.

The sales results seem to be poor.

I want to make our life stable so that our children can live safely.

As to inheritance, if the worst comes to the worst, what will happen to us?

 

 

(Answer)

The first thing you do is to check everything if his business is good or poor and if there are debts or not, etc.

Also, you should check his movable property and real estate.

 

When it comes to general inheritance cases, share will be decided by the proportion based on Civil Law or 民法(Minpou).

That is to say, one-half goes to spouse, and remaining half will be divided by the number of children.

Even if the spouse is foreigner, you have the eligibility of getting this share, as long as the decedent is Japanese, and because of the wife’s Law of Habitual Residence.

 

However, this “share” contains not only properties but also all debts.

You can never pick up only “good property”.

 

So, grasping the circumstance of his financial status is very important.

 

Thank you.

Solicitor & Immigration Lawyer Hitoshi Oishi

Invitation letter for temporary visit visa

turn

Today, I got a request for making an invitation letter that is needed to apply for temporary visit visa.

My client is not so good at writing sentences in Japanese, so she came to my office, and asked me to make them.

 

In an invitation letter, you have to explain the purpose and reason for this invitation.

 

I asked about them to her, and she gave me the outline of them.

 

If you make the document that isn’t well organized, there is a possibility of being rejected, so you should be careful.

 

Based on your explanation, to prepare the letter of invitation is one of immigration lawyers’ jobs.

 

I will change your idea and explanation into well-organized Japanese sentences that are easy to read, so that you can get the result you want.

 

Thank you.
Solicitor & Immigration Lawyer Hitoshi Oishi

I am in Osaka.

iaminosaka2-1

I was born in Sapporo, Hokkaido, Japan, but now, my office is in Tennoji, Osaka.

I love this town’s down-home flavor.

For now, I don’t have any plan to move my office to other place.

 

I’m sorry for the inconvenience especially to those who are in other region.

Please confirm the location of my office before you call me, so as not to be disappointed.

 

Thank you.
Solicitor & Immigration Lawyer Hitoshi Oishi

Does Immigration Office give vocational college students a status of residence during job seeking period after graduation?

20161208-001-1

If vocational college graduates have diploma, they will be allowed to do job hunting after graduation.

This period is up to one year after graduation.

 

To prove that you are job hunting, you need to register at public employment security office (Hello Work) or Employment Service Center for Foreigners near your place.

You also have to prove that you can bear living expenditure during this period and submit the recommendation letter as to job hunting from vocational schools.

Then, you apply for permission of changing status of residence.

During job hunting period, your status of residence will be “Designated activities”.

If allowed, you will get “six months”, and if you don’t find a job during this period, by applying for extension, you will get another “six months” again.

 

I suggest you should consult with your school about this application.

 
Thank you.
Solicitor & Immigration Lawyer Hitoshi Oishi

 

The huge wall between the 3rd and 4th generation

door-1559534_640-1

The status of residence of Nikkei (Japanese descent) 2nd and 3rd generation will be “Spouse or Child of Japanese National” or “Long term resident”.

The status of residence of Nikkei 3rd generation will be “Long term resident”.

 

There is no age restriction on age to the 2nd and 3rd generation when applying for “Long term resident”.

Whether they are single or married doesn’t matter.

Even if they are over 20, it is no problem.

However, they must clear the standard of “Being a person of good conduct”.

 

On the other hand, if the 4th generation wants to get “Long term resident”, they must clear the following standards;

1 Their parent has “Long term resident” status.

2 Receiving support from them.

3 Unmarried

4 Minor

5 “Being a person of good conduct”

 

In this point, you can say there is a big wall between the 3rd and 4th.

Therefore, upgrading KOSEKI or family registration is a question of vital importance for them.

 

 

Thank you.

Solicitor & Immigration Lawyer Hitoshi Oishi

De facto marriage and the status of residence

defacto

(Question)

I have been working for more than six months in a Japanese company since I came here.

I have become accustomed living in Japan, so I want to invite my wife here.

Between us, marriage is not formed legally, but in our country, Common-Law marriage is accepted, and we have been together as a married couple for many years.

In our case, is it possible to invite her?

 

 

(Answer)

Are you saying that your marriage is de facto marriage and you can’t submit marriage certificate as a legally married couple?

In Japanese Immigration Control and Refugee Recognition Act, inviting family member will not be accepted unless you can submit legally certified documents.

Therefore, the application is almost all rejected, instead of saying “difficult”.

 

However, we hear that, in European and American countries, to avoid the trouble that comes after divorce, there are many couples not to take the form of marriage legally, and these de facto marriages are no problem socially.

 

In your case, if you can show them the following documents, I suggest you go to Immigration Office to ask about the possibility of getting “Long term” or “Designated Activities”, etc.

 

Legal Basis and documents that prove your partnership;

Living together for many years.

Your partnership is acknowledged by others around you.

The concrete documents that prove your common-law marriage.

There is mother’s name on the birth certificate of your child.

 

 

Thank you.
Solicitor & Immigration Lawyer Hitoshi Oishi