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ssjup81
Joined: 15 Jun 2009
Posts: 664
Location: Adachi-ku, Tokyo, Japan
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 Posted: Tue Sep 01, 2015 1:46 am Post subject: Change of status question... |
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Hi all. I'm curious about spousal visas and changing it. I have a friend who is married to a Japanese native. They've been married for three years...but the marriage is really bad...as in "dangerously" bad. She wants to move, start someplace new, but she's worried that if she leaves and he realizes she's not returning, she'll lose her visa status due to his cancelling it, even though it's already been issued and she has 10 months left on it. She's getting cold feet about leaving her DV situation.
Is there a way to change it once gaining employment elsewhere or will it be difficult? Does anyone have any experience with this? |
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mitsui
Joined: 10 Jun 2007
Posts: 1562
Location: Kawasaki
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| Posted: Tue Sep 01, 2015 2:01 am Post subject: |
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There has been talk of changing it but still I think the visa is hers as long as it is valid. The husband cannot revoke her visa. This isn't Saudi Arabia.
Even divorce can't change that, and separation is not divorce.
Changing this law was mentioned on Debito recently, where I read of talk that people would have 3 months to get out of the country. |
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ssjup81
Joined: 15 Jun 2009
Posts: 664
Location: Adachi-ku, Tokyo, Japan
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| Posted: Tue Sep 01, 2015 2:18 am Post subject: |
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| Thanks. That's good to hear. I'm pretty sure she'll probably try to seek out a divorce...hopefully. |
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Inflames
Joined: 02 Apr 2006
Posts: 486
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| Posted: Tue Sep 01, 2015 2:59 am Post subject: |
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| mitsui wrote: |
There has been talk of changing it but still I think the visa is hers as long as it is valid. The husband cannot revoke her visa. This isn't Saudi Arabia.
Even divorce can't change that, and separation is not divorce.
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Law has been changed - if she divorces, she has 3 months to get a new status of residence.
If this is DV, tell her to go to the police. At the very minimum this will establish some sort of record. |
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TokyoLiz
Joined: 16 Jan 2003
Posts: 1548
Location: Tokyo, Japan
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ssjup81
Joined: 15 Jun 2009
Posts: 664
Location: Adachi-ku, Tokyo, Japan
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| Posted: Tue Sep 01, 2015 5:32 am Post subject: |
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| Inflames wrote: |
| mitsui wrote: |
There has been talk of changing it but still I think the visa is hers as long as it is valid. The husband cannot revoke her visa. This isn't Saudi Arabia.
Even divorce can't change that, and separation is not divorce.
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Law has been changed - if she divorces, she has 3 months to get a new status of residence.
If this is DV, tell her to go to the police. At the very minimum this will establish some sort of record. |
Yeah, she's actually been to the hospital (on more than one occasion) and once she did call the police, but she didn't go through with the report because of how they were towards her as if she'd done something wrong...like she was the culprit. She said the police were overly polite and nice to her husband. He's a former soldier. She thinks he has connections and such given how she probably felt bullied into not reporting. The hospital was apparently the same, to my understanding. I'm assuming that's Inaka thinking. She's a former coworker of mine. The company didn't help either. They kept her as a part timer despite her wanting full time work to do a visa change and the students really liked her and she was praised for it. They even had openings. When they found out of her DV situation, they cut her time even more and the manager told her no one would want to hire her because of her "situation". She recently quit and that's what they told her. If this was the US, I'm sure they could be sued for something like that.
I'll pass this along. |
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Inflames
Joined: 02 Apr 2006
Posts: 486
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| Posted: Tue Sep 01, 2015 6:38 am Post subject: |
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| ssjup81 wrote: |
| Yeah, she's actually been to the hospital (on more than one occasion) and once she did call the police, but she didn't go through with the report because of how they were towards her as if she'd done something wrong...like she was the culprit. She said the police were overly polite and nice to her husband. He's a former soldier. She thinks he has connections and such given how she probably felt bullied into not reporting. The hospital was apparently the same, to my understanding. I'm assuming that's Inaka thinking. She's a former coworker of mine. The company didn't help either. They kept her as a part timer despite her wanting full time work to do a visa change and the students really liked her and she was praised for it. They even had openings. When they found out of her DV situation, they cut her time even more and the manager told her no one would want to hire her because of her "situation". She recently quit and that's what they told her. If this was the US, I'm sure they could be sued for something like that.
I'll pass this along. |
I don't know what immigration would think, but I guess she would be a very good candidate for Long Term Resident Status if she had some proof, and hospital reports may or may not count. Police reports will likely have a lot more weight - I do know that immigration likes to see proof of things.
I had a friend who was a domestic violence victim and she went to the hospital and the doctor asked her explicitly if she had experienced domestic violence. She said no, but apparently the doctor didn't really believe her.
Cops in Japan are nice and exceedingly polite with everyone. Totally different from the US where the cops go around shooting people for the hell of it. |
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mitsui
Joined: 10 Jun 2007
Posts: 1562
Location: Kawasaki
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| Posted: Tue Sep 01, 2015 7:23 am Post subject: |
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She needs a lawyer. The school should be sued for that.
Union people can find a lawyer in her part of Japan. |
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ssjup81
Joined: 15 Jun 2009
Posts: 664
Location: Adachi-ku, Tokyo, Japan
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| Posted: Tue Sep 01, 2015 9:13 am Post subject: |
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She's trying to leave that area. I'm not sure what she can do since she didn't file a police report, though. No one would even know of her DV situation if it hadn't have been for me, as the signs were blatantly obvious to me, which was why I pretty much told the company about it in hopes of them helping and giving her my old job or any of the other openings they had. *sighs*
I just hope all can work out. |
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nightsintodreams
Joined: 18 May 2010
Posts: 558
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| Posted: Sun Sep 06, 2015 11:52 pm Post subject: |
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| Forget about your friend. She's an adult, she can leave anytime she wants. She chooses to stay and take the abuse. I'd bet money that she won't leave. |
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ssjup81
Joined: 15 Jun 2009
Posts: 664
Location: Adachi-ku, Tokyo, Japan
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| Posted: Mon Sep 07, 2015 3:59 am Post subject: |
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| nightsintodreams wrote: |
| Forget about your friend. She's an adult, she can leave anytime she wants. She chooses to stay and take the abuse. I'd bet money that she won't leave. |
That's just plain rude. You should at least show some compassion or empathy. DV is worse enough as it is, but probably more frightening as a foreigner (without familial support, mind you) who has to rely on visas and such and doesn't want to remain in the country illegally. She went to the hospital for help and they refused her it saying they don't get involved in DV situations. She expected her company to help, but after finding out her situation, they treated her as if she were a burden. The police treated her as if everything was her fault. I can understand the apprehension. I don't even know how I'd react in such a situation. I know what I'd do if I were back in the states, especially with family support, no idea what I'd do here.
That aside, she's already here and left there, so shows how much you know. She's still worried about her visa status and how to proceed with divorce proceedings given how expensive lawyers are. |
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TokyoLiz
Joined: 16 Jan 2003
Posts: 1548
Location: Tokyo, Japan
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ssjup81
Joined: 15 Jun 2009
Posts: 664
Location: Adachi-ku, Tokyo, Japan
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| Posted: Mon Sep 07, 2015 8:50 am Post subject: |
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She just got down here and found a new job. It's not ESL work, but it's something.
She hasn't settled in fully yet, Liz but I'll run this by her. Thanks. She's worried that since she upped and left that she'll be demonized or whatever...all the blame placed on her, like how she felt with the cops.
Edit: She's not from the US, btw, all. She's from the Phillipines. I forgot to mention that. ^^. |
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TokyoLiz
Joined: 16 Jan 2003
Posts: 1548
Location: Tokyo, Japan
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| Posted: Mon Sep 07, 2015 2:27 pm Post subject: |
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That list of resources was the one I had handy that includes TELL and legal resources. It happens to be from a U.S. government website.
All the best to your friend. |
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