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LobsterSan
Joined: 26 Apr 2005
Posts: 17
Location: Fukuoka
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 Posted: Fri Sep 16, 2005 4:02 pm Post subject: |
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Found a very good read over at a different forum. I'm not sure if I'm allowed to hotlink into a "competing" forum, so I will just quote the most important and relevant information. This may answer in part the original question about the new visa law, as well as how that ties in and conflicts with unemployment benefits.
| stealthgirl wrote: |
| After working hard for a long time my employers rewarded me with a paycut and they lied to me about the contents of my new contract and then treated me badly when I asked them to honour what they'd told me. Leaving was a sudden decision and I hadn't lined up my next job. I was delighted to hear that I had unemployment insurance. I registered with the umemployment office...and I too have to wait for 3 months before I can receive any benefits. The unemployment office asked about my visa so I showed him it saying that it was still valid for another year. He then phoned someone about my visa and told me that there was a new law which states that my visa becomes invalid if I'm unemployed for 3 months. He told me that he wasn't sure about the details and that I should check this with whoever it is that processes the visas. Has anyone else heard of this "new law"? |
| stealthgirl, a few days later, wrote: |
| Due to fruitless searches on the internet I actually called the immigration people myself (but had to pass the phone to a Japanese friend) and discovered that this law does actually exist. It was introduced last December but it doesn't seem to be implemented. She asked him if there was any information about it in English on the internet and said he didn't think so. She also asked how they enforce it if noone knows about it and he kind of agreed with her. I read on another board somewhere that immigration themselves don't know what to do about 2 conflicting rules or something like that. I'm going to have a meeting with the unemployment office next week. I've told them that I have found a part-time job so I don't know if I'll be able to recive any benefits anyway! The Hello office were quite good really. The man told who me about the new law said that he'd just heard it over the phone so he wasn't sure about it and told me that I should check it myself. Unfortunately it seems that immigration are unsure themselves! I agree that it is ridiculous that we've been paying for unemployment insurance but we can't claim when we need it. |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Fri Sep 16, 2005 4:06 pm Post subject: |
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| LobsterSan wrote: |
| Thanks for the replies. I'm still just a bit curious as to what the actual relationship between sponsorship and visa is, and if they are completely independent of eachother. As well, as an ode to the original topic which I somewhat derailed, whether or not the legality of said relationship is changing. I know there's an immigration lawyer that gives free consultations in Fukuoka, so I might just check in with him about it. Regardless of the legality, it currently seems that people are able to "own" their visas -- so the sponsor seems to be just like an initial guarantor that claims responsibility for the alien in question, and this can't really be revoked. It's something I've always wondered since before I first came to Japan. |
The work visa comes from immigration, but they wont issue one unless you have a sponsor, which as you say is a 'guarantor' of your physical well-being. he's the guy they go to if you get arrested or hospitalised or you can not work at all.
A visa is a stamp in your passport (actually its a status of residence, a visa is what you need to enter the country and is then cancelled on entry)
Your sponsor can not take away or revoke your work visa if you quit your job and its valid until its expiry date.
However, what God giveth, God taketh away, and immigration can revoke or cancel your visit and kick you out of the country. I have heard of one guy with permanent resident status now having his PR status revoked and deportation proceedings taken against him for drug offences.
Immigration has the right to cancel or revoke your 'visa'/ right to stay in Japan, but not your employer.
Last edited by PAULH on Fri Sep 16, 2005 10:39 pm; edited 1 time in total |
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madeira
Joined: 13 Jun 2004
Posts: 182
Location: Oppama
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| Posted: Fri Sep 16, 2005 10:25 pm Post subject: |
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It is true that you can lose your visa if you have no work for three months. It's also true that your unemployment insurance payouts take about three months to process/get started. If you've been working here for three years, you are entitled to some money.
Don't contact Immigration. Go directly to Hello Work. Immediately after you finish your last day on the job.
Hello Work will register you as a job-seeker and give you the info you need to stay here. |
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inkansai
Joined: 18 Jan 2005
Posts: 39
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| Posted: Sun Sep 18, 2005 1:51 pm Post subject: |
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it depends on your individual circumstances.
The alien staying in Japan under any of the statuses of residence prescribed by law has not engaged in the activities corresponding to that of the status issued for three months or more without justifiable reason.
http://www.moj.go.jp/ENGLISH/IB/ib-78.html |
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LobsterSan
Joined: 26 Apr 2005
Posts: 17
Location: Fukuoka
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| Posted: Tue Sep 20, 2005 1:51 pm Post subject: |
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| inkansai wrote: |
it depends on your individual circumstances.
The alien staying in Japan under any of the statuses of residence prescribed by law has not engaged in the activities corresponding to that of the status issued for three months or more without justifiable reason.
http://www.moj.go.jp/ENGLISH/IB/ib-78.html |
Interesting reading. That was very useful, thank you. I wonder if the two justifiable reasons they footnote are the only two possible justifiable reasons...
* Where a foreign student has not attended school due to sickness and needs a considerable length of time for medical treatment but is expected to go back to school in the future.
* Where an alien is currently unable to work due to the bankruptcy of his/her company but is striving to find another job in good faith. |
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