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rich45
Joined: 26 Jan 2006 Posts: 127
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Posted: Sun Jan 29, 2017 7:51 am Post subject: Transferring work visa to a student one - not the norm! |
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Hi all,
I am currently employed as an ALT with an Instructor visa, but would like to take six months off to study Japanese at a language school.
Initially, I naively thought that I could finish my job at the end of my contract, and as I would still have nine months remaining on my visa, go and do my studying before re-entering the working world afterwards.
However, it seems that such a move is not possible, which has kind of thrown my plans in the air a little.
So, my question:
How easy/difficult is it to change my instructor visa to a student visa once I leave my job?
I have been unable to find any information on people doing it this way round. Usually, students come here and decide to stay and find a job, rather than in my case where i am giving up employment to study.
Any comments about the feasibility of my plan would be most welcome.
Thanks a lot! |
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taikibansei
Joined: 14 Sep 2004 Posts: 811 Location: Japan
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Posted: Sun Jan 29, 2017 9:47 pm Post subject: |
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Assuming the school will provide you with a 「在留資格認定証明書」, it's not a particularly difficult situation. You need to talk to the school (and your local immigration office) and not to us, though. Good luck! |
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Harp
Joined: 09 Jan 2014 Posts: 46 Location: As far north as you can get, before you hit Saitama
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Posted: Mon Jan 30, 2017 1:36 am Post subject: |
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Quote: |
However, it seems that such a move is not possible |
Just curious about this - whilst technically it is the case that if you have a work visa and you're not working then immigration 'could' take an interest in you, but it's pretty unlikely.
Have the school told you that you can't study on a work visa? Or did you call immigration and ask them? If you called immigration then you'll probably have got chapter & verse but in reality no one is going to check your status. |
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rich45
Joined: 26 Jan 2006 Posts: 127
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Posted: Mon Jan 30, 2017 3:18 am Post subject: |
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Thanks for the replies.
Quote: |
Just curious about this - whilst technically it is the case that if you have a work visa and you're not working then immigration 'could' take an interest in you, but it's pretty unlikely. |
I'm going to speak to my boss about this later, and he will likely call immigration to clarify, but my understanding is that when I leave my job, he has 14 days to let them know about it. I will then have 3 months to search for a job until immigration 'might' contact me.
I think this would already make me uneasy, however unlikely they are to chase after me, but my situation is complicated further by the fact that I will leave Japan at the end of July (end of contract), and not return until the start of October (when the course starts). Going through immigration at the airport could then be an issue, since they may want to know why I have been out of the country for two months if I am employed.
So therefore, as much as I would like to keep my work visa to make it easier to find a job in March 2018 after concluding my studies, I may just have to take the hit and transfer to a student visa.
Quote: |
Assuming the school will provide you with a 「在留資格認定証明書」, it's not a particularly difficult situation. You need to talk to the school (and your local immigration office) and not to us, though. Good luck! |
Thanks, that reassured me! I know the language school I have chosen provides the CoE, but just need to figure out how easy that process is for someone who is leaving Japan for a couple of months between work/study. |
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Harp
Joined: 09 Jan 2014 Posts: 46 Location: As far north as you can get, before you hit Saitama
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Posted: Mon Jan 30, 2017 4:09 am Post subject: |
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Thanks, what you say is absolutely correct going by the letter of the law, both for you and your current employer. And yet...
Immigration are not going to starting asking your current boss any questions about your visa, not unless they are investigating visa related issues at the company and your boss is already in some kind of hot water.
Your situation about leaving Japan for a couple of months shouldn't come up anywhere. I work in HR for an international school here in Tokyo and our staff leave for 2 months every summer, none have ever been asked why they have been out of the country for so long if they have a job here. Of course if your boss has told immigration that you are no longer employed then they may ask you at the airport what you're up to, but I guess you'd just say you've been home to see your family and now you're back to look for a job.
Immigration don't really follow up on visas unless you wave a flag at them and tell them they need to. Generally keep quiet and they'll leave you alone...
But, as I said first, by the letter of the law what you're doing is correct. |
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rich45
Joined: 26 Jan 2006 Posts: 127
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Posted: Mon Jan 30, 2017 4:22 am Post subject: |
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Harp wrote: |
Thanks, what you say is absolutely correct going by the letter of the law, both for you and your current employer. And yet...
Immigration are not going to starting asking your current boss any questions about your visa, not unless they are investigating visa related issues at the company and your boss is already in some kind of hot water.
Your situation about leaving Japan for a couple of months shouldn't come up anywhere. I work in HR for an international school here in Tokyo and our staff leave for 2 months every summer, none have ever been asked why they have been out of the country for so long if they have a job here. Of course if your boss has told immigration that you are no longer employed then they may ask you at the airport what you're up to, but I guess you'd just say you've been home to see your family and now you're back to look for a job.
Immigration don't really follow up on visas unless you wave a flag at them and tell them they need to. Generally keep quiet and they'll leave you alone...
But, as I said first, by the letter of the law what you're doing is correct. |
Ok thanks for that, again quite reassuring if I do decide to go down that route. I might even ask my boss if I can stay on in this job until October, which would erase that issue since I'd just go back home for a few weeks during the summer vacation. Not sure if he will agree to that though as I am an ALT and probably doesn't look good if someone leaves mid-semester.
The language school I've been in touch with asked me if I needed a student visa, to which I replied 'no' as it wasn't until yesterday that I realised this issue. I wonder if they will ever ask for further proof of my status when I get there in October, be it a copy of my residence card etc, or just take my word for it that I am doing things legit. |
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taikibansei
Joined: 14 Sep 2004 Posts: 811 Location: Japan
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Posted: Mon Jan 30, 2017 5:29 am Post subject: |
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Legally, not only does the employer need to inform immigration about your status, but the school as well. While Harp is right that immigration used to not follow-up on the former, recent changes in both government policy and the reporting laws (e.g., the zairyuu ka-do and "my number") have made this slightly more likely. Still, you could probably get away with just being unemployed (and/or job-searching) for the remainder of your work visa. (Immigration might ask you a question at the airport on your return, but most likely not.)
On the other hand, schools here can and do get in serious trouble if their exchange students do stuff not permitted under their visa status. There have been numerous examples of this over the last twenty years. For instance, my national university got dinged for this very recently, with the exchange students deported and a tenured Japanese faculty member (their direct advisor) put on 6-month unpaid leave as penalty.
I'm guessing that the school at some point will want to see evidence that you are on a visa allowing full-time study. Regardless, I personally would just do it the right way--in most cases, changing visa status is not really a problem anymore.
My two yen, anyway. |
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rich45
Joined: 26 Jan 2006 Posts: 127
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Posted: Mon Jan 30, 2017 8:06 am Post subject: |
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Thanks again for the replies, much appreciated.
Update:
Spoke to my boss who is going to speak to Immigration tomorrow.
I have just called my chosen Language School and they assured me that it is possible to apply for a Certificate of Eligibility from within Japan whilst on an Instructor Visa, and then collect the Student Visa a few months later whilst in my home country. The only thing is that Immigration will ask me, when applying for the CoE, just why I want to change my status, but that shouldn't be an issue as I genuinely want to improve my Japanese ability.
Seems my original plan is back on again! |
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