Job Discussion Forums

akashiohash · Joined: 30 Sep 2004 Posts: 4

Just wondering if anyone might know that there might be a problem obtaining a work visa in Japan with a criminal record back home...my situation is that I have a marijuana offence from a few years ago (currently in the process of getting a pardon, but that may take a year or so). I worked previously in Korea and it wasn`t an issue, but maybe Japan does background checks? Anyone out there know if they do a background check to obtain a work visa? By the way, I am currently staying in Japan with a friend, so obviously it wasn`t an issue getting a tourist visa...any information would be much appreciated...

Thank you,

Tonester · Posted: Mon Oct 04, 2004 5:43 am Post subject:

Well, you may have problems as Japan doesn't look on drug offences very kindly. Usually any offences involving drugs or prostitution are frowned upon by Japanese immigration. I hate to be nosy but were you actually convicted in a court of law and if you were; did your sentence involve any prison time? The reason for this question is that any offence for which you have been convicted and is punishable by more than 12 months imprisonment can usually disqualify you from obtaining a visa.

That being said I'd recommend you waiting until your pardon comes through; then you will not have to declare your offence.

spidey · Posted: Mon Oct 04, 2004 6:41 am Post subject:

aka..shiohash?

I agree with Tonester (stoneter?) in that you should wait until you receive your pardon. If you try to work the system and get caught you will give up any chances of coming to Japan at all or within the next few years anyway.

Good advice Tonester

S

Sweetsee · Joined: 11 Jun 2004 Posts: 2302 Location: ) is everything

Spidey,

I need some help.

Tonester · Posted: Mon Oct 04, 2004 7:03 am Post subject:

To prove that I'm not just writing what I said to deliberately mislead you here is some info from the Japanese Ministry of Foreign Affairs website:

akashiohash · Joined: 30 Sep 2004 Posts: 4

Thank you for the response. This is a great place to get information. However, I was just wondering if the the visa information provided was for just a tourist visa. I have a record and had no problem getting in the country. Obviously, then, immigration did not check my background...but, I wonder if they do the background check to get the work visa ???

But you guys are probably right...better not risk it, or I will be banned from entering the country for life...or perhaps two life times if you believe in reincarnation..

Tonester · Posted: Tue Oct 05, 2004 1:18 am Post subject:

That makes me want to ask you; did you declare your offence on your original visa application or did you leave it out? As conditions for a work visa are much stricter I'd think that they would look into it if you did delcare it.

madeira · Joined: 13 Jun 2004 Posts: 182 Location: Oppama

Akashiohash, where are you from? Did you really need a tourist visa, or did you come in on a waiver... like from the US or Canada, etc.?

Waivers are easy. You show up, you get an automatic permit to stay for a while. They don`t do any checks. (Except for the usual customs stuff.)

Now that you`re in Japan... changing to a work visa is possible. You`d have to lie about the conviction, though... which is not a great idea.

Unless the applications from inside Japan are different. Anyone know?

migo · Joined: 04 Jul 2004 Posts: 201

Paul McCartney had a hard time getting into Japan because of his record, I imagine it would be harder for anyone else.

gochubandit · Joined: 29 Jul 2004 Posts: 42

stillnosheep · Joined: 01 Mar 2004 Posts: 2068 Location: eslcafe

If you don't mention it they are extremely unlikely ever to find out. Only you can know whether you can justify that course of action. What is a 'conviction' anyway? Something of which you are certain, now and forever? Looks like nobody here has any..., never had ... and as for criminal records I've never owned anything by Vanilla Ice ... nor Avril Laverne (sic) ...

Tonester · Posted: Tue Oct 12, 2004 12:26 am Post subject:

I do know that things like DUI and other misdemeanor offences of that nature are no problem. The etc part so to speak is in reference to convictions for offences involving drugs and prostitution and other similar offences. Usually offences like DUI, public drunkeness, disturbing the peace and other offences like those should be no problem because they are not really that serious. Look; in Japan up until this point in time a DUI offence has been considered by the police a non-indictable offence unless the drunken driver had killed or injured another person with his/her vehicle as a result of alcohol consumption. Usually a normal DUI offence in Japan would result in a licence suspension but you'd never have to go to court for it nor would you get a conviction recorded but would be a penalty imposed by the motor registry (Or the DMV for American people) and would be recorded on your traffic history.

People like akashiohash would have trouble so I advised him/her to wait for the pardon so that the offence would not have to be declared. I have to concede that there is ambiguity in the above quotation from the Japanese MOJ website but surely anyone with a trivial offence such as the ones I pointed out and others like them should have no trouble.

It's just that Japan like some other countries in Asia carries a dim view of prostitution and drugs. Singapore and Malaysia carry even dimmer views just to name a couple more.

ohdannyboy · Joined: 23 Jun 2004 Posts: 18

I have some experience of a situation like yours. Basically they are extreemly unlikely to ever check up. Not sure where you're from but in the UK anyone who wants to look at your criminal record must have your written permission, under the data protection act nobody is allowed to look at your record without your express permission. I'm not sure if they ask you for this permission on the visa application or not. I have a friend who has multiple convictions but who lies on his visa form and has been working in Japan for several years. Readers may protest about the morality of telling lies on your visa form, and justifiably so. But like it or not it happens, lie and you should be OK, tell the truth and you've got no chance. It's ugly but it's the way it is.

instant karma's gonna get ya