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Expires: 23 May 2005 23:13 PDT Question ID: 513396. I need to consult a US immigration attorney for a 60 minute consultation in Honolulu and must be
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Hello,
I have a few questions about penalties for violations of immigration law. First, what are the penalties and individual could face (jail, fine, deportation, etc.)? Second, are there any penalties levied against a company that knowingly hires an illegal resident or allows an employee to overstay their visa?
Thanks for your help.
Well, you likely have more dedication than me. My life is pretty structured at the moment. I work at home, and have plenty of it to do. I'm assuming a proxy that has experience can once over everything and hopefully save me from any glaring mistakes. That's the main thing I would be worried about.
2.5 hours? Impressive. I'm about a 30 minute cab ride, or an hour+ train affair. I remember the old days when there was more than one immigration office in Kanto.
No offense, GP, but why a lawyer to do a terribly simple job of filling out one lousy form? A lawyer!?
i have hard question.... me and my boyfriend are not japanese but we, would like to live in japan when were ready... is that posable? and if it is how do we become a citiazen ?
I suggest that you make a trip to Japan and meet various Japanese immigration lawyers. There can be various ways to reside permanently in Japan for those of wealth.
Nuff said.
The above statement seems to imply that a visa is not necessary. Is that what you are saying? If so, please elaborate.
I apologize to all whom I have offended with my queries.
I knew that would be one of the first questions asked about this post. ;) This is a research question and does not apply to me personally (really).
As of now, please assume the offense is an overstay of visa (most likely tourist).
Thanks!
You'd be arrested, detained, fined heavily, deported and barred from Japan for 10 years.
I was referring to the post by Mr. Cash not you Gelsinki. Thank you for your help. I have always felt drawn to Japan and would like to be a permanent resident there. I like to be in large cities so I was thinking maybe Tokyo but I don't really want to spen a couple million dollars for a home. Dose anybody have any suggestions where a nice place to live would be?
i have hard question.... me and my boyfriend are not japanese but we, would like to live in japan when were ready... is that posable? and if it is how do we become a citiazen ?
And yet another person who signs up, asks a question, and never ever bothers to come back to check for replies.
As for the most recent necro-post from our new-found independently wealthy friend: Offhand I can't think of a single status of residence which allows for the idle wealthy to immigrate, and permanent residency is not granted to people F.O.B. (Fresh Off the Boeing) as far as I know. Japan is not one of the countries which "sells" visas.
If you want to start some sort of business here that would probably be a different matter.
Depends on the crime.
What did you do?
The above statement seems to imply that a visa is not necessary. Is that what you are saying? If so, please elaborate.
I think he is implying that if you have enough money, there are ways to get a visa without actually working, studying, or marrying somebody.
Monetary corruption is what Japan does best.
Heavy emphasis on the can be granted....
I remember one case of a Cambodian man who had been living in Japan for 18 years, steadily employed and a good worker, raised his children monoculturally Japanese....and had his application rejected because his daughter had received a traffic ticket for riding a scooter without a helmet. He was told he should wait another three years or so then apply again.
It is highly arbitrary.
Well who cares if you don't like it. It means it may be worth getting off the old oshiri and meeting a few lawyers for yourself.
Just as I thought. You were talking out your *** to begin with.
Just apply. Doesn't cost anything and doesn't look bad on your "record". With any luck, you'll get it. Mine took less than 2 months just a couple of years ago, despite them telling me to expect to wait 6 months. I'd been married 5 years and was on the second renewal of my spouse visa (one year, then 3 years).
Contributions? I taught English for 7 years. Never got arrested or ticketed. I married a Japanese. I really don't think you need to worry about any contributions. If someone actually asks you, just say you did whatever work you did up to the point of running your own business, and add that you started whatever business you have now. The worst that can happen is they say apply again later, and the next worst thing is that they simply ask for some extra documentation.
Give it a shot.
Well, I've got 2.5 years left on my visa. When I went to the ole' soudan corner, they said don't bother unless I had been in Japan 3 consecutive years (married). Consecutive being the main word. I told them my situation, and they told me to wait. Accumulative apparently doesn't help much. :(
One other thing I'm not clear on. I hear it takes 8 months in some cases. Are you not allowed to leave the country at all during the process? That seems rather lengthy for some people...especially something that leaves 4 times a year.
Roll the dice. It's free. When it comes in, you bring your 8000 yen plus whatever fee for reentry permit, and you're done.
Aight, sounds like a plan. I'd rather hire a lawyer to take care of it if possible as I'm kind of slammed these days.
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Oh, and I had planned on applying w/ at least a year left on my spouse visa anyway. ;)
Cheers for all the info/support.
Thanks, Glenski. I will likely do that here towrads the end off this visa (about 2 years and change from now) assuming I haven't hit burnout by then.
Read this, especially chapters V and IX.
http://www.moj.go.jp/ENGLISH/information/icrr-01.html
No that is not what I am stating. You need to get a visa to enter Japan and then stay but people with wealth, with the right connections, may be able to smooth their way for PR or kokuseki.Hmm, "kokuseki" simply means nationality. What are you trying to say here? I'm confused again.
Please stop with the "money smooths things out" routine. Spit it out. What sort of "smoothing" are you talking about? Bribing an immigration officer? If you have never been to Japan, then you know nothing about their pretty strict immigration policies. Money will not buy you PR.
The above statement seems to imply that a visa is not necessary. Is that what you are saying? If so, please elaborate.
No that is not what I am stating. You need to get a visa to enter Japan and then stay but people with wealth, with the right connections, may be able to smooth their way for PR or kokuseki.
I hate that nudge-nudge-wink-wink "nuff said" expression. Generally people who say "nuff said" said it because they either have no more information or are talking out their *** to begin with.
Elaborate. List a few of those various ways that one might find out by meeting with various lawyers.
Surely if a guy on the internet in America is privy to this information then a visit to just one Japanese immigration attorney ought to suffice?
Well who cares if you don't like it. It means it may be worth getting off the old oshiri and meeting a few lawyers for yourself.
I referred to you as a new-found friend, answered your question, and indicated that there are still options open to you.
And I get called "mean".
You haven't offended anyone, by the way.
From the same site:
Guidelines for Contribution to Japan
The person satisfies any of the below-mentioned requirements and has stayed in Japan for more than five years without causing any problems in his/her social life.
1. Common to all fields
* The person has been awarded a prize by an international organization, foreign government or any equivalent organization, with the prize being internationally evaluated as authoritative.
ex.) Nobel Prize, Fields Prize, The Pritzker Architecture Prize and Legion d’Honneur
* The person has been given any of the following awards by Japanese government:
National Honor Award, decoration, the Order of Culture, Medal of Honor (except the Medal with Dark Blue Ribbon and an award for the deceased given to a bereaved family) or the Japan Prize
* The person spent more than three years or so for pursuing public-service activities as a committee member, etc. appointed or commissioned by the Japanese central government or a local government.
* The person has made great contribution to the conservation or development of the society or local community in Japan through medical, educational and other vocational activities.
2. Diplomatic field
* The person has been working in Japan as a member of a diplomatic mission or consular office of a foreign government and has rendered distinguished service contributing to the improvement of friendship or cultural exchanges between Japan and his/her country.
* The person has a career as a secretary-general, deputy secretary-general or a higher-level title holder of any equivalent managerial position of an international organization of which Japan is a member nation.
3. Economic or industrial field
* The person has made contribution to the development of the Japanese economy or industry through his/her activities as an employee or management in a Japanese company whose stock is listed on the stock exchange or whose business scale is as large as those companies having listed stocks, and has been or had been engaged in the activities for more than three years in Japan.
* The person has made contribution to the development of the Japanese economy or industry through his/her activities as a manager or equivalent title holder in a managerial position of a Japanese company whose stock is listed on the stock exchange or whose business scale is as large as those companies having listed stocks, and has been engaged in the activities for more than five years.
* The person has made contribution to the industrial development of our country, and has been awarded a prize as a result of being selected from among nationwide candidates.
ex.) Grand Prize or Special Prize of Good Design Award (sponsored by Japan Industrial design Promotion Organization)
* The person has made great contribution to Japan’s agricultural, forestry, fishery, industrial, commercial or other business development through his/her activities as an engineer or technical expert having advanced or high-level expertise.
4. Culture or art field
* The person has been awarded a prize which is widely evaluated as authoritative in the category of literature, fine art, motion pictures, music, theater art, entertainment or other cultural or artistic fields.
ex.) La Biennale di Venezia, Golden Lion, Prince Takamatsu Imperial Art Prize, Academy Awards, Awards at Cannes Film Festival, Awards at Venice Film Festival, and Awards at Berlin Film Festival
* The person has made contribution to the development of Japanese culture through his/her activities for more than 3 years in Japan in a position of leadership in the category of literature, fine art, motion pictures, music, theater art, entertainment or other cultural or artistic field.
5. Education field
* The person has made contribution to the improvement of the level of Japan’s higher education through his/her activities as a full-time teacher or equivalent-to-fulltime professor, assistant professor or lecturer working for a Japanese university or any equivalent academic institution as defined under the School Education Law of Japan, and has been or had been engaged in the activities for more than three years in Japan.
6. Research field
* The person has been recognized to have made distinguished achievements through his/her research activities and falls under any of the following:
1. The person’s paper on the results of his/her research has been published in a scientific/technical journal, and has been referred to by two or more other researchers in their papers.
2. Two or more of the person’s papers on the results of his/her research have been published in scientific journals as a result of selection through fair judgment.
3. Many of the person’s papers on the results of his/her research have been published in authoritative scientific journals.
4. The person has been highly evaluated by a scientific society generally known as an authoritative organization, and has the experience of giving a lecture, etc.
7. Sports field
* The person has won a high-level prize in a well-known international sports competition or other convention such as the Olympic Games, world championships, etc., or the person has made great contribution to such prize-winning achievement as a coach or instructor of such athletes and is pursuing instruction activities or promotion activities of that sport in Japan.
* The person has won a high-level prize in an international sports competition or other convention, or the person has made great contribution to such prize-winning achievements as a coach or instructor of such athletes, and has spent more than three years in Japan pursuing sports instruction activities or sports promoting activities.
* The person made great contribution to the promotion of sports in Japan.
8. Other fields
* The person has contributed to the development of Japanese society in the field of public welfare, and won a prize as a result of selection from among nationwide candidates.
ex.) One More Life Workers' Volunteering Award, awards for persons who are recognized to have made contributions to the society
* The person made great contribution to Japanese society or welfare through his/her public-service activities.
I have a question as to what is neccessary for somebody who is independently wealthy and wants to move to Japan to live permanently. What sort of Visa would I need to get since I have no intention of working but would like to buy property and set up accounts with a bank inside Japan?
Why wait? It's free until you get it. Plus, some people have to wait 18 months before they hear back. I heard in 2, but there's no reason to cut it close (end of your visa, that is).
I don't understand why you are being so mean to somebody who is only looking for answers. I just want to know what visa applies to me. Are you saying that somebody who is wealth MUST work in order to get anything other than a tourist visa?
I knew that would be one of the first questions asked about this post. ;) This is a research question and does not apply to me personally (really).
As of now, please assume the offense is an overstay of visa (most likely tourist).
Thanks!
To reiterate, if you want to live here, you have to qualify for a proper visa. Work visa, dependent visa, working holiday visa, etc.
Check out what they require and how long they are valid.
http://www.mofa.go.jp/j_info/visit/visa/index.html
http://www.mofa.go.jp/j_info/visit/w_holiday/index.html
You don't have to change your citizenship just to live here. Is there some reason you want to do that?
Procedures to naturalize:
http://www.debito.org/residentspage.html#naturalization
http://www.tokyo-icc.jp/guide_eng/proce/01.html
Essentially, the rules/guidelines are:
"Foreigners, who have resided in Japan for at least five consecutive years (less if married to a Japanese national), have shown good conduct, have never plotted against the Japanese government, have sufficient assets or ability to make an independent living and are willing to renounce any other citizenship held, can be granted Japanese citizenship."
As far as I read it, Mike Cash was not being mean, either. Just a bit flowery in his language, but not chastising you at all.
As for looking for a good neighborhood, aren't you putting the cart before the horse here? Buy or even build a nice place, but you won't be able to spend more than 90 days per year in it without the right visa status.
BTW, it looks pretty strange for someone who claims to be wealthy to use an anonymous discussion forum to do his house/home hunting, when a few well-placed bucks at a realtor would be more efficient. More believable, too.
OH, and can you at least spell my name correctly? It's not that hard to put 7 letters together.
I suggest that you make a trip to Japan and meet various Japanese immigration lawyers. There can be various ways to reside permanently in Japan for those of wealth.
Nuff said.
I hate that nudge-nudge-wink-wink "nuff said" expression. Generally people who say "nuff said" said it because they either have no more information or are talking out their *** to begin with.
Elaborate. List a few of those various ways that one might find out by meeting with various lawyers.
Surely if a guy on the internet in America is privy to this information then a visit to just one Japanese immigration attorney ought to suffice?
Who's being "mean"? We point out that you need a visa, ANY visa, in order to stay beyond the 90-day tourist limit.
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Period.
Nobody is saying you must work. You could enroll in a school and be a student.
You could marry a Japanese and get a spouse visa.
You could marry a fellow foreigner who has a visa, then get a dependent visa.
None of those requires you to work. I believe the others do, even if you are a business owner/manager/investor and not an employee of a company.
All we're saying is, you can't buy your permanent stay into Japan. Doesn't happen back home, either.
If you want to get Permanent Resident status (like I have), you're going to have to live here on some kind of visa beforehand for 5-10 years, depending on your marital status and other circumstances. http://www.immi-moj.go.jp/english/tetuduki/index.html
Got any more questions? We'll be happy, not mean, to answer them after you read the MOFA page.
GaijinPunch,
The rule is not a rule, per se. It is a guideline. I know someone who came here and inside one year got PR. That person had previously spent more than 10 years here, though, and his absence was not all that long (2 years, maybe?). And, of course, I got my PR in less than 10 years, but I was married to a Japanese and had a spouse visa (as had my friend above). So, circumstances make a difference.
If you believe people on GaijinPot, GARYFINCH stated he got PR after living here only 13 months and having been married for 6 years.
http://www.gaijinpot.com/bb/showthread.php?t=42023&highlight=spouse+visa++permanent+resident
And, on this thread wendyloujp got PR during her second 3-year spouse visa term (although that was a long time ago).
http://www.gaijinpot.com/bb/showthread.php?t=22346&highlight=spouse+visa++permanent+resident
And, in this thread, the poster nrc claimed to get PR after being married about 3 years.
http://www.gaijinpot.com/bb/showthread.php?t=2450&highlight=spouse+visa++permanent+resident
BTW, trust the poster named "bland" on immigration matters.
As for a 10-year rule on work visas, it depends on what type you mean. The Specialist in Humanities/International Relations work visa requires only 3 years of experience. Investor/Business Manager is 3 years or even less depending on the type of business one wants to set up. Legal/Accounting visa has no restriction like that, but you need to be properly certified. And, on and on. Look here for requirements. http://www.mofa.go.jp/j_info/visit/visa/appendix1.html
If you want the requirements/guidelines for PR, look here and follow the links:
http://www.immi-moj.go.jp/english/tetuduki/index.html
Guidelines for Permission for Permanent Residence
1. Legal requirements
(1) The person is of good conduct.
The person observes Japanese laws and his/her daily living as a resident does not invite any social criticism.
(2) The person has sufficient assets or ability to make an independent living.
The person does not financially depend on someone in the society in his daily life, and his/her assets or ability, etc. are assumed to continue to provide him/her with a stable base of livelihood into the future.
(3) The person’s permanent residence is regarded to be in accord with the interests of Japan.
1. In principle, the person has stayed in Japan for more than 10 years consecutively. It is also required that during his/her stay in Japan the person has had work permit or the status of residence for more than 5 years consecutively.
2. The person has been never sentenced to a fine or imprisonment. The person fulfills public duties such as tax payment.
3. The maximum period of stay allowed for the person with his/her current status of residence under Annexed Table 2 of the Immigration Control and Refugee Recognition Act is to be fully utilized.
4. There is no possibility that the person could do harm from the viewpoint of protection of public health.
※ The requirements (1) and (2) above do not apply to spouses and children of Japanese nationals, special permanent residents or permanent residents, and requirement (2) does not apply for those who have been recognized as refugees
2. Special requirements for 10-year residence in principle
(1) The person is a spouse of a Japanese national, special permanent resident or permanent resident, and has been in a real marital relationship for more than 3 years consecutively and has stayed in Japan more than 1 year consecutively. Or, the person is a true child of a Japanese national, special permanent resident or permanent resident, and has stayed in Japan more than 1 year consecutively.
(2) The person has stayed in Japan for more than 5 years consecutively with the status of long term resident.
(3) The person has been recognized as a refugee, and has stayed in Japan for more than 5 years consecutively after recognition.
(4) The person has been recognized to have made a contribution to Japan in diplomatic, social, economic, cultural or other fields, and has stayed in Japan for more than 5 years.
※ Please see “Guidelines for Contribution to Japan.”
I referred to you as a new-found friend, answered your question, and indicated that there are still options open to you.
And I get called "mean".
You haven't offended anyone, by the way.
He must've thought the first part of your post was directed at him.
I am, thanks. Thought I would check here too.
Getting PR is just as much a crap shoot as visas, IMO. Mine took 2 months or so. They said it would take 6. Some people take 8 or 12 or 18. This is one reason you should apply fairly early before your visa runs out. (I applied on the day before my spouse visa ran out, and they said to apply for renewal of that at the same time just to be safe.)
As far as accumulative time goes, immigration officials often do not agree on the process of paperwork and timelines. They are just government drones, and it often pays just to talk to a more senior person behind the desk.
You've been married for almost 5 years. I had, too, when I applied.
I had been in the country without any interruptions for about 7 years. Your total time is close to that. I have a colleague who was here 10-20 years, left, and when he returned got PR inside of the first year.
If you leave the country legally (with a reentry permit), I believe you'll be ok, but confirm this with immigration. Realize, though, that when they send you the announcement that it's been issued, you only have a limited time to pick it up. I forget if it's 2 or 4 weeks, but I'd lean more towards 2.
Roll the dice. It's free. When it comes in, you bring your 8000 yen plus whatever fee for reentry permit, and you're done.
i have hard question.... me and my boyfriend are not japanese but we, would like to live in japan when were ready... is that posable? and if it is how do we become a citiazen ?Two words: Visa eligibility. If you want to become a citizen, you need to legally live in Japan for a number of years.
Good to see some things don't change around here. I'd like to resurrect this nugget, mainly to ask Glenski. I've read around and see the the old "10 year" rule on getting PR. "Consecutive" seems to be a key word when getting any type of non-working visa. Going the Spouse->PR route, I briefly talked to some gal at immigration and she said I needed to be married 3 consecutive years *IN* Japan to apply. There was no mention of 10 years, or being married for 5 years.
I'm also under the impression that they won't care about the 7 consecutive years I lived here before this visa. However, I have at least two friends that have been married and lived in Japan, but less than 5 years but have PR.
Coming up w/ a strategy, this whole "contribution to Japan" thing has me somewhat worried. I work for myself now, which seems to be terrible in their eyes.
The info I have so far says a person would be barred for 5 years. I would be interested to here where you get 10. Also, there could a fine of up to 3,000,000 yen and up to three years in prison.
Does anyone have any information on what would happen to a company that knowingly employees a person without a valid visa?
vegitagojita,
You need a proper visa if you want to stay here longer than a 90-day tourist, no matter if you are Bill Gates or Joe Schmoe.
Even if you start a business here, the point is that you want to stay forever, so you would need to get an Investor/Business Manager work visa.
Here is the homepage of the Ministry of Foreign Affairs. See what visa type closely matches your possibilities.
http://www.mofa.go.jp/j_info/visit/visa/index.html
I have a question as to what is neccessary for somebody who is independently wealthy and wants to move to Japan to live permanently. What sort of Visa would I need to get since I have no intention of working but would like to buy property and set up accounts with a bank inside Japan?
If you are independently wealthy and this is truly important to you, I think you'd be better off asking a lawyer who specializes in such matter than asking around an internet board. You should also be more than able to afford it, as well.
You don't you check Japan's immigration websites?
Googling "japan immigration law pentalties" or similar should yield much better information.
GP,
Many of us (me included) never used a lawyer. You just hand in the documents. Takes about 10 minutes. Do as you please (and check to see if a proxy is all right), but if you can't be bothered to do this, I have to wonder what is so important in your life. Again, no offense, but this is a pretty important matter. I live about a 2.5 hour drive from the closest immigration office, and I made the trip just for that 10 minute task.
No offense, GP, but why a lawyer to do a terribly simple job of filling out one lousy form? A lawyer!?
B/c my non-married, non-parent friend just got his using a lawyer. That, and it really is a pain in the ass for me to go down there. Crappy hours, far away. Yes, I'm a slave, I know.
It is not too late for Canadian people that you should come to Japan first with your working holiday visa.
I have a question as to what is neccessary for somebody who is independently wealthy and wants to move to Japan to live permanently. What sort of Visa would I need to get since I have no intention of working but would like to buy property and set up accounts with a bank inside Japan?
I suggest that you make a trip to Japan and meet various Japanese immigration lawyers. There can be various ways to reside permanently in Japan for those of wealth.
Nuff said.
Cheers Glenski.
My background is basically.
Jan '98 - Oct '04.
Jan '07 - Present
I've been married Since October of 2003. When I got my latest 3 year Spouse Visa, I visted the little PR Soudan Corner. They said don't bother unless I was married and living in Japan for 3 consecutive years.
I guess the biggest part I'm worried about is the "contribution to Japan" thing. I am now employed by my own company (which employs my wife and myself, and soon one more). I give my clothes to homeless people in Yoyogi Park a couple of times a year. Other than that, that's about it. :) Well, I feel I contribute more than I detriment in forums like this one, but that's of course subjective.
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