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Responsibility to visa sponsor

 
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Louie525



Joined: 23 Apr 2005
Posts: 9

PostPosted: Fri Jul 01, 2005 2:55 pm    Post subject: Responsibility to visa sponsor Reply with quote

I'm going to leave all of the gory details out of this one and get to the point. What obligations do I have to my visa sponsor (for example, they say I can't teach anywhere else in Japan because they are the sponsors of my visa, so I can only work for them). I am also technically not under any contract yet, due to the hazy quasi-legal situation I've been in for the last month (been working for a month as a "volunteer," just got the work visa stamp in my passport today). ALso, does my gaijin card registration have anything at all to do with my employer, or is it just between me and the city/town I am living in? Quick help on these would be appreciated!!!

Thanks, and sorry if these have come up before,
Louis
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Glenski



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

PostPosted: Fri Jul 01, 2005 11:07 pm    Post subject: Reply with quote

Quote:
What obligations do I have to my visa sponsor (for example, they say I can't teach anywhere else in Japan because they are the sponsors of my visa

They are misinforming you. Yes, they are your visa sponsor, so you should expect to be working FT for them, but they can't tell you what to do in your free time unless it conflicts with your main job.

If you leave that job before the visa expires, you can work for anyone. Just let immigration know and get a letter of release from the company you just left.

Quote:
ALso, does my gaijin card registration have anything at all to do with my employer, or is it just between me and the city/town I am living in?

Your employer is listed on the alien card, but updates to the card get printed on the back. This includes dates of renewal and when you change residence.
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PAULH



Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan

PostPosted: Sat Jul 02, 2005 3:00 am    Post subject: Re: Responsibility to visa sponsor Reply with quote

Louie525 wrote:
I'm going to leave all of the gory details out of this one and get to the point. What obligations do I have to my visa sponsor (for example, they say I can't teach anywhere else in Japan because they are the sponsors of my visa, so I can only work for them). I am also technically not under any contract yet, due to the hazy quasi-legal situation I've been in for the last month (been working for a month as a "volunteer," just got the work visa stamp in my passport today). ALso, does my gaijin card registration have anything at all to do with my employer, or is it just between me and the city/town I am living in? Quick help on these would be appreciated!!!

Thanks, and sorry if these have come up before,
Louis


The ARC is really no more than a legal ID for foreigners, in lieu of carrying around your passport or a drivers licence. You are obliged by law to carry it around with you, but not obliged to show it to anyone (not even video rental clerks, or the police unless you are suspected of doing something wrong) and the ARC has no legal force. It has no direct connection to immigration, tax office or your job. As Glenski points out, it carries up to date details of your visa status and current address. let the city office know within two weeks of any changes as they get testy if you leave it too late.
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Louie525



Joined: 23 Apr 2005
Posts: 9

PostPosted: Sat Jul 02, 2005 3:00 pm    Post subject: Reply with quote

Thanks Glenski and Paul. One more question though...see, technically I am not under a signed contract yet (that would happen on monday). Basically, I want to exploit this situation--that is having a visa, and not being under a contract--to get out of what has been a bad situation for over a month, a situation in which I have been working full time for free, for a company that has been exploiting me and breaking promises (ie saying they'll pay for my food and housing until my visa came through, while I volunteered for them and then reneging etc). For that reason, I don't know if the company would give me a "release letter" or something like that...I was a real naive idiot to get into this situation in the first place, but that's why I'm trying to get out while I can!

Thanks,
Louis
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PAULH



Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan

PostPosted: Sat Jul 02, 2005 3:35 pm    Post subject: Reply with quote

Louie525 wrote:
Thanks Glenski and Paul. One more question though...see, technically I am not under a signed contract yet (that would happen on monday). Basically, I want to exploit this situation--that is having a visa, and not being under a contract--to get out of what has been a bad situation for over a month, a situation in which I have been working full time for free, for a company that has been exploiting me and breaking promises (ie saying they'll pay for my food and housing until my visa came through, while I volunteered for them and then reneging etc). For that reason, I don't know if the company would give me a "release letter" or something like that...I was a real naive idiot to get into this situation in the first place, but that's why I'm trying to get out while I can!

Thanks,
Louis


Louie

I dont really know the facts of your case but a couple of questions:

Even if you dont have a legal signed contract until you get your visa, your employer is required to pay you for any work. Why are you working for free? Is this something you agreed to?

2. In most cases employers dont pay for food and housing, unless you agreed to work for free in exchange for living costs etc. Im not sure of the legal issues here, but if theres nothing in writing, no signed contract you really dont have much of a leg to stand on because they dont deliver. Free accomodation and food is not part of the contract. Why cant you buy your own food and pay your own rent?

I would have to find the relevant clause, but if you are on a probationary income, no contract is signed, it is probably technically possible to walk out tomorrow. If you have a visa once its in your passport no one can take it away from you until it expires. Obviously immigration went with whatever was sent in to them, though I cant be 100% sure as I dont know all the details.

Just on a personal note, it sounds like you reached some unofficial arrangement with your employer ended up working a month for no wages and now want to extract yourself from a bad arrangement. Without sounding too moralistic here, saying you want to "exploit" the situation says to me you want to bend the rules for your own benefit to the detriment of someone else. I'm not you and you will do whatever you feel you need to do. Its a situation of your own making and I think it just gives teachers in general a bad name when people conspire to s--t on their employers out of spite, revenge or malice. What goes around comes around, and neither immigration nor your employer is as stupid and clueless as you give them credit for, and even the best laid plans may not always work the way you want them to.

I wish you the best of luck anyway.
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