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Job offer - No visa!

 
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neverheardofem



Joined: 29 Feb 2012
Posts: 100

PostPosted: Sun Mar 18, 2012 8:03 am    Post subject: Job offer - No visa! Reply with quote

Hi,

I am considering a job offer from a language school in Japan. The hours and salary are pretty typical, and I have heard good reviews. I�m pretty happy as it seems quite difficult to secure a job in Japan from overseas.
The (kind of big) problem is, they want to me go over on a tourist visa. This will be changed to the proper visa when I get there, they tell me. They sent me detailed information on how to deal with this at the airport (what to say to immigration, and to buy a return or refundable onward tickets etc.). They employ 60 odd teachers and have been operating like this successfully for some time. Previous teachers say that they were fine; it�s nothing to worry about. It does worry me though! Presumably I will be working for at least 6 weeks without the proper visa, which, apart from the possible legal implications, is annoying because I won�t be able to sort out matters such as a bank account or internet until I have the ARC.
Is this common procedure for schools hiring from abroad? Did anyone else have to go through this? I can�t understand why they would do it this way as it gives them so security either - no contract is signed so I could just tell them I�m coming and not show up! Or visa versa! Am I worrying unnecessarily? Or should I just forget them and go to China � plenty of jobs there!

Thanks!
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Tsian



Joined: 10 Jan 2012
Posts: 85

PostPosted: Sun Mar 18, 2012 8:54 am    Post subject: Reply with quote

It is not an incredibly uncommon way for some small employers to work, but it is definitely frowned upon by immigration.

While there is all probability you will be allowed to change your status, if immigration were to become annoyed with your employer, there is always the chance you will have your application denied.
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G Cthulhu



Joined: 07 Feb 2003
Posts: 1373
Location: Way, way off course.

PostPosted: Sun Mar 18, 2012 2:03 pm    Post subject: Re: Job offer - No visa! Reply with quote

neverheardofem wrote:
Am I worrying unnecessarily?


No, you're not worrying unnecessarily: they're asking you to break the law.

What's in it for them? Well, they have you by the short and curlies. The chances of you simply not showing up (ie. take the visa and run) is pretty low in the current economic climate.

But for you - you've got zero recourse if they decide they don't like you. You run the legal risk of deportation. If you are caught and deported then you'll have trouble entering most other countries for the next ten years even if it's only for transit. If you are stopped by police at any point in the six weeks while you're in country without a visa then you're going to spend time in jail. The odds on the local police not knowing that you're working are small although the odds of them stopping you are also small.

Personally, I wouldn't go near an employer that is so willing to simply break the law just because they're (at best) lazy. There's lots of things you can do in Japan. Breaking immigration laws is not one of the recommended ones to push.
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Glenski



Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN

PostPosted: Sun Mar 18, 2012 2:23 pm    Post subject: Reply with quote

Tell them you can't do it. They have had plenty of time to hire people and get their affairs in order to start visa processing. If they say they haven't, then do you really want to work for such a slipshot place? Why have they not prepared soon enough? There might be a legitimate reason (emergency leave by a teacher at the last minute), but have they explained that to you, or just said, "Come on over and we'll sort things out"?

Do not work for them illegally. They have nothing to lose. You do.
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Pitarou



Joined: 16 Nov 2009
Posts: 1116
Location: Narita, Japan

PostPosted: Sun Mar 18, 2012 3:36 pm    Post subject: Reply with quote

First, just to double check: are they asking you to come to Japan, and wait for your visa to be processed, or are they actually asking you to work without a visa? The former is fine. If it's the latter, think long and hard. You face two risks:

1. You get caught.

This isn't likely if you keep your head down, but if it happens expect no mercy. The official policy is: zero tolerance; swift, decisive action; no excuses. You cannot afford any contact with the authorities until your visa is regularised.

2. The school screws you.

It happens. Illegal immigrants are easy prey. I'll summarise a discussion on our forum late last year:

Q: Help! I worked for three months on a tourist visa. The school kept promising me a work visa, but it never arrived, and when my tourist visa was about to expire they told me to go back to my home country. They didn't even pay my final salary. What can I do?

A: Suck it up.

(If you think that's unfair, you should read about Japan's human trafficking record. It'll break your heart.)
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kizezr



Joined: 05 Mar 2012
Posts: 4

PostPosted: Sun Mar 18, 2012 6:28 pm    Post subject: Reply with quote

I think what Pitarou, G Cthulhu and Tsian wrote summarize it all up. Don't forget that you're not going on vacations, you're going to work so therefore, it is about business. Plus I don't believe you can become familiar with japanese laws if you've never lived there, so even if you had someone inJapan, a friend, relative, you shouldn't risk it.
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Tsian



Joined: 10 Jan 2012
Posts: 85

PostPosted: Mon Mar 19, 2012 12:43 am    Post subject: Reply with quote

Yeah.

To be clear, while you would probably be fine coming over and changing your status, I would strongly reccomend you never work on a temporary stay visa. Simply not a good idea.
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steki47



Joined: 20 Apr 2008
Posts: 1029
Location: BFE Inaka

PostPosted: Mon Mar 19, 2012 9:09 am    Post subject: Reply with quote

There was a guy here on ESL Cafe a few years ago who was working in Japan on a tourist visa while waiting for his work visa to be processed. He was fired during his first week and had no legal ground to stand on. Sure, he could have reported the school to the authorities but then they would have looked at his illegal status. He disappeared quickly and I believe left Japan in a hurry.
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Glenski



Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN

PostPosted: Mon Mar 19, 2012 11:25 am    Post subject: Reply with quote

steki47 wrote:
There was a guy here on ESL Cafe a few years ago who was working in Japan on a tourist visa while waiting for his work visa to be processed. He was fired during his first week and had no legal ground to stand on. Sure, he could have reported the school to the authorities but then they would have looked at his illegal status. He disappeared quickly and I believe left Japan in a hurry.
There are also cases where the foreigner stays beyond his tourist status, all the while being told there were "delays" or "mistakes" in the visa processing. He was also let go, without a final paycheck, and since he had overstayed his permitted tourist stay, he got into trouble with immigration. Don't join that group.
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OneJoelFifty



Joined: 06 Oct 2009
Posts: 463

PostPosted: Thu Mar 22, 2012 5:22 am    Post subject: Reply with quote

I'd say come on over.

Yeah there are known cases of things going wrong, and yes it's not an ideal situation to be in. But it is also extremely common, pretty much every hiring season there are a couple of people mentioning this and asking about it.

You're taking a risk, for sure. How much of a risk is up to you to decide. You said you've heard good things about the company, and spoken to other teachers that have had no problems in the past. Let us know what you decide.

And do you mind telling us what company it is?
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