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Visa -- help!
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Laura C



Joined: 14 Oct 2003
Posts: 211
Location: Saitama

PostPosted: Mon Feb 16, 2004 1:23 pm    Post subject: Visa -- help! Reply with quote

Hi everyone,

Firstly, apologies for asking a question that has probably been asked before -- I *have* done a search but am getting conflicting opinions as well as far too much info back...

I have been offered a post starting at the beginning of April. I've just sent the documents off to my employer to be sponsored for a work visa/cert of eligibility. They say I can enter on a tourist visa and tell immigration that I have a job and will be sightseeing etc (ie, not working) until the visa comes through. Is this true? And in that case, can I enter on a one way ticket?

The reason I'm asking is that when I did a search on this topic in another forum, one of the replies said that you emphatically can NOT enter Narita with a COE and a tourist visa, even if you say you will not work until the WV is through.

I know I could just ask my employer again, but I'd like it confirmed here as well. A poster on another forum said that his employer kept assuring him it was no problem to enter on a tourist visa with a COE, yet this conflicted with the advice given to him on the boards.

I'd really appreciate some help on this. If anyone has entered Japan in these circumstances without any hassle, please let me know!

Thanks everyone,

Laura
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guest of Japan



Joined: 28 Feb 2003
Posts: 1601
Location: Japan

PostPosted: Mon Feb 16, 2004 1:32 pm    Post subject: Reply with quote

I wouldn't mention anything to immigration about working unless you already have the visa. Just say you are a tourist, or visiting a college friend or something.
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shmooj



Joined: 11 Sep 2003
Posts: 1758
Location: Seoul, ROK

PostPosted: Mon Feb 16, 2004 2:06 pm    Post subject: Reply with quote

guest's suggestion is a good one but this is a difficult one to pull off if you arrive on a one way ticket. You are going to arouse suspicion that way. It is true that you can get your COE converted to a work visa without leaving the country now. But you cannot earn money legally until you get that work visa. You can do voluntary work but you cannot be paid for it. This is a little loophole but a valid one. If you have enough cash to tide you over and your employer pays you in kind e.g. covers your rent and utilities and gives you furniture etc, you should be able to do this completely legally.

I would be clear with your employer where you will draw the line. If you aren't willing to work covertly and take that risk then let them know this. Otherwise, if you do get into hot water, you are going to seriously regret it.

If you arrive on a return ticket booked to fly back within three months of your arrival you should arouse no suspicions if you give an address of someone you will be staying with in japan or use a hotel address.

Caveat travelor
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Canuck2112



Joined: 13 Jun 2003
Posts: 239

PostPosted: Mon Feb 16, 2004 2:38 pm    Post subject: Reply with quote

Get a return ticket. For some completely unknown reason, they can often be cheaper (!?!). My travel agent mentioned this to me, but she couldn't explain why as she didn't know herself.
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Laura C



Joined: 14 Oct 2003
Posts: 211
Location: Saitama

PostPosted: Mon Feb 16, 2004 4:52 pm    Post subject: Reply with quote

Thanks guys.

I have looked into return tickets, but they are more expensive and my funds are really limited. But I thought if I arrive on a one way ticket, on a tourist visa, and say I will be on the tourist visa, not working, until my WV comes through, then immigration would be OK. My employer said I can come in on a one way ticket as I can give the company's details to immigration if there is any problem. Anyone??

I don't want to try and fool immigration, or get one over on them (not going to even try!) -- but my understanding was that it's legal to do this. But guest of japan's advice seems to suggest otherwise...

I know the easiest thing to do would be to get a return ticket. But my funds are REALLY low, and I can't afford to spend money on something I won't use.

I'll email my employer again and make my position clear on the situation. Meanwhile, any further advice/tips gratefully received...

L
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Glenski



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

PostPosted: Mon Feb 16, 2004 8:47 pm    Post subject: Reply with quote

Laura,
Customs will probably be suspicious if you come on just a tourist visa and a one-way ticket. Look at it from their standpoint. Tourists are meant to stay only 90 days, then leave. If you don't have that status, you raise red flags. That said, I know of people who claim to have entered Japan on a one-way ticket and never been checked.

If, however, you come with your tourist visa (passport) AND the COE, customs will assign you the final work visa stamp upon arrival. Done deal. You start work that day.

If you don't have that COE, don't tell customs you are here for work! They will likely ship you back on the plane home. Why? For the same reason I listed in the first paragraph. With no COE, you look like every other tourist, and working as a tourist is illegal.

What is the problem with your employer that he (or rather, immigration) can't provide the COE before you come? If the employer simply needs you to start working ASAP, then, yes, you can come on a tourist visa, start working illegally, wait for the COE to arrive, and then convert to a work visa. I personally feel this is fairly risky. I know of some people who have been told to get themselves here in a hurry, then they work illegally while the employer lies to them about delays in processing the visa until they have overstayed their tourist visa. At that time, the employer refuses to pay the final month's wages, kicks the teacher out, and the person has no legal recourse because he is here illegally and has worked illegally. Just be wary of such hurry up cases, if this applies to you.

If you don't have the money for a round trip ticket, you are still going to be in financial trouble upon arrival. How are you going to pay for rent (about the cost of one-way airfare), groceries, health insurance, etc.? You may not have to pay for some of these for a month or two, but then again, you may not get your first paycheck for that long, too.
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denise



Joined: 23 Apr 2003
Posts: 3419
Location: finally home-ish

PostPosted: Mon Feb 16, 2004 9:11 pm    Post subject: Reply with quote

Laura--

Tell your travel agent(s) your situation--they may be able to find you a deal with a refundable or transferable ticket. I was in the same situation when I came here--visa in the process, paperwork submitted, but nothing concrete when I wanted to book my ticket. I got a return ticket that was good for a year--or at least, my original return date was three months out but it was free to extend it, so now if I choose to fly home in May the ticket is already paid for. I had a similar situation in the Czech Republic--a ticket that was transferable--I ended up cashing it in for a return ticket to Athens.

Anyway, my point is that if you explain your situation and your limitations--you're going to be living/working here, you're not sure about the visa situation and you don't want/need/can't afford a regular return ticket, they still may be able to find something for you. Good luck!

d
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shmooj



Joined: 11 Sep 2003
Posts: 1758
Location: Seoul, ROK

PostPosted: Tue Feb 17, 2004 12:59 am    Post subject: Reply with quote

I tried to do exactly what you are planning arriving at Kansai in March 98. I did have a return ticket but it was a one year open and the return date was for six months away. My employer was legit but they had filed my application too late and the COE had not arrived.

My wife got through fine. At immigration they asked to see my ticket. Then they asked me to "come this way please" leading me back towards where I had come from. Shocked

I stammered "but my wife" indicating my lonely lass standing the other side of immigration. "Oh you have a wife?" he said. Then he stamped me through.

I had also given my employee details. They were not having it. If it hadn't been for my wife getting through. I would have been in shtook.

From what I've heard Narita is tougher at immigration than Kansai.

You might be safer coming in to Nagoya or a smaller airport where they are not so strict.

From my experience I wouldn't recommend anyone to arrive on a one way or open return ticket. It was scary to have that as my first experience of Japan.
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Laura C



Joined: 14 Oct 2003
Posts: 211
Location: Saitama

PostPosted: Tue Feb 17, 2004 8:15 am    Post subject: Reply with quote

Thanks again everyone.

If I don't have the COE when I arrive in Japan then natch I am not going to mention anything about working. I will just have to find the money somehow for a return ticket -- thanks for the suggestion to talk to the travel agent, Denise.

Glenski -- so, if I have the COE at Narita there will be no problem? That is fine as I think it should be through OK -- I'd just heard conflicting stories about people entering on a tourist visa, with a COE, and having their entry denied by immigration. I don't think there is a problem with the employer that he can't provide the COE before I come -- I was just worried about getting in without having the actual visa.

Re money -- I will have (just) enough to live on til I get my first paycheck, but not if I have to double my airfare budget.

I totally agree with everyone who has said about the dangers of working illegally in Japan -- I don't intend to do that AT ALL, as I have a healthy respect for the Japanese authorities! Just like you, Shmooj...

I've emailed my employer and asked him when the COE is likely to arrive. Thanks again for your help, everyone. Very Happy

L
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april



Joined: 07 May 2003
Posts: 83
Location: Australia

PostPosted: Tue Feb 17, 2004 12:00 pm    Post subject: Reply with quote

2 of my friends were in the same position as you Laura. Their working visa was being processed, but their employer, Geos Kids, wanted them to work ASAP on a tourist visa. They promised and promised that the COE would be ready on time, it wasn't. So my friends purchased a return ticket and lied to immigration, saying they were only here for a holiday. Real dodgy if you ask me. I won't get started on how much pressure (and lies) were placed on my friends to get them over there so quickly. They were nervous wrecks going through the airport.
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Glenski



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

PostPosted: Tue Feb 17, 2004 12:45 pm    Post subject: Reply with quote

Quote:
Glenski -- so, if I have the COE at Narita there will be no problem?


Coming with the COE and your tourist visa (passport) is common. It's how most of the Big Four eikaiwas get their teachers here, as well as the JET programme (on a slightly different visa scheme).

schmooj did not have the COE and got into trouble. I came on a tourist visa with the COE (through Narita) and had no problems whatsoever.

Quote:
I don't think there is a problem with the employer that he can't provide the COE before I come

Technically, it is immigration, not your employer that provides the COE.

Where did you see this (following) comment?
Quote:
The reason I'm asking is that when I did a search on this topic in another forum, one of the replies said that you emphatically can NOT enter Narita with a COE and a tourist visa, even if you say you will not work until the WV is through.
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Laura C



Joined: 14 Oct 2003
Posts: 211
Location: Saitama

PostPosted: Tue Feb 17, 2004 3:12 pm    Post subject: Reply with quote

Thanks again Glenski et al.

I have received an email from my employer and he says most of their teachers enter this way. He said to write on the entry card purpose of visit 'sightseeing/waiting for visa' and that there have never been problems before, as if immigration check my visa status they will see the visa is pending. He definitely does not seem to be asking me to lie to immigration or to work on a tourist visa, both of which I wouldn't do (I'm a terrible liar anyway), as he says I should just give his name and number to immigration if there is any hassle -- I assume he wouldn't do that if he was smuggling teachers into the country! Hopefully I will have the COE through anyway, so it won't be a problem.

Glenski, the comment about the COE and tourist visa was on gaijinpot.com, I think -- I had a look through their visa forum. Sorry I can't be more specific, but I spent SO LONG yesterday online looking visa stuff up that I can't remember where all the info came from. I am very pleased that you have said otherwise though. Load off what I'm pleased to call my mind...

Thanks again everyone. I can rest easy in me bed tonight!

L
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G Cthulhu



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

PostPosted: Thu Feb 19, 2004 11:37 am    Post subject: Reply with quote

I think I may have the last quoted part mis-attributed there, but it's gone all weird during editing and I can't be bothered correcting it. :)


Glenski wrote:


Quote:

Glenski -- so, if I have the COE at Narita there will be no problem?


Coming with the COE and your tourist visa (passport) is common. It's how most of the Big Four eikaiwas get their teachers here, as well as the JET programme (on a slightly different visa scheme).



It is *not* how JET does it and it never has.

JETs are all issued a proper visa by the originating Consulate or Embassy. None of them show up without a visa.


What I also don't get is, if you have the COE in hand for when you land at Narita then you also have time to have a visa to be issued before you depart for Japan - every Japanese Consulate and Embassy I've ever dealt with has, when they were advised of the situation in advance, been perfectly able to issue a work visa on 24 hours notice.

Dunno, maybe it's a small risk, but if you strike an Immigration officer having a bad day....


Quote:


Technically, it is immigration, not your employer that provides the COE.



No, it's the Ministry of Justice isn't it?

Min. Of Justice: COE
Foreign Affairs (Embassy): visa
Immigration: Status of Residence upon entry


Search the archives for the web address for the Min of FA - they've got all this explained in English. (I can't be bothered doing it for anyone today)
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Glenski



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

PostPosted: Thu Feb 19, 2004 1:21 pm    Post subject: Reply with quote

Quote:
Technically, it is immigration, not your employer that provides the COE.

No, it's the Ministry of Justice isn't it?

Min. Of Justice: COE
Foreign Affairs (Embassy): visa
Immigration: Status of Residence upon entry


Search the archives for the web address for the Min of FA - they've got all this explained in English. (I can't be bothered doing it for anyone today)


Technically, yes, cthulhu is absolutely right. Most of us (including me) tend to use the terms visa and immigration too loosely.

The information that describes the process of COE is at the following web site...
http://www.mofa.go.jp/j_info/visit/visa/03.html#b
and I will copy/paste a relevant section here (all underlines are mine in order to point out cthulhu's comments).


A. Short-term Stays (Excluding Work)

Short-term stays refer to temporary visits of up to 90 days for such purposes as sightseeing; sports; convalescence; visits to relatives, friends, or acquaintances; amateur participation in athletic meetings or other contests; business trips (such as market surveys, business liaison, business talks, signing contracts, and after-sale service for machinery imported into Japan); and friendship visits. These activities require either a temporary visa or transit visa. (However, this category excludes profit-making operations and paid activities.)

B. Work and Long-term Stays

If a foreigner wishes to enter Japan for activities other than those described in section A, he or she will need a diplomatic visa, official visa, working visa, general visa, or specified visa. Naturally, foreigners who enter Japan having acquired a working visa are able to work in Japan. Typical types of employment include the long-term assignment to Japan of foreign company personnel; employment in Japanese companies to make use of the foreigner's knowledge of other countries; entertainment activities, such as concerts, theater, and sports; and educational activities, such as foreign-language teaching.
It is also possible to get permission for long-term stays for some activities that meet certain criteria, such as Japanese university or college education or company training, although work is not permitted in these cases. Permission for long-term residence in Japan is also granted in the case of spouses of Japanese nationals and others who settle in Japan.
When applying for a visa for the above-mentioned activities, it is advisable to apply in Japan beforehand for a Certificate of Eligibility. (See below.) If a foreigner submits a visa application to an embassy or consulate together with a Certificate of Eligibility, he or she will be able to obtain a visa in a shorter time than applicants without such a certificate.
Foreigners can apply for a visa without such a certificate at an embassy or consulate in the case of long-term stays also.
But if the purpose of the stay is work, the application documents might be forwarded to a regional immigration authority in Japan for screening. In this case applicants are advised to leave plenty of time for their application to be processed.

C. What Is a Certificate of Eligibility?

A Certificate of Eligibility is issued before a visa application by a regional immigration authority under the jurisdiction of the Ministry of Justice (listed in Appendix 3) as evidence that the applicant fulfills various conditions of the Immigration Control Act, including those certifying that the activity in which the foreigner wishes to engage in Japan is valid and comes under a status of residence (excluding Temporary Visitor Status).
The Certificate of Eligibility has the advantage of reducing the time required to obtain a visa and complete immigration procedures, since a foreigner in possession of such a certificate can probably acquire a visa at an embassy or consulate without any inquiries being made to the Ministry of Foreign Affairs and, by showing the certificate to the immigration officer, obtain landing permission more easily.
Please note, however, that even if a foreigner possesses a Certificate of Eligibility, an embassy or consulate will not issue a visa in certain circumstances -for example, if there has been a change in the situation since the issue of the certificate (such as the company that was planning to hire the foreigner deciding not to do so because of business difficulties) or if it becomes evident that the documents submitted to obtain the certificate were false.(See inadmissible visa applications)
There are two processes for acquiring a Certificate of Eligibility, as shown in the accompanying diagram. An application is usually made by a proxy in Japan at the nearest regional immigration authority (listed in Appendix 3) to the proxy's place of residence in Japan. The second process is limited to special cases, such as applicants who happen to be residing in Japan and are prepared to leave the country to apply for a visa.
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shmooj



Joined: 11 Sep 2003
Posts: 1758
Location: Seoul, ROK

PostPosted: Thu Feb 19, 2004 2:28 pm    Post subject: Reply with quote

G Cthulhu wrote:
every Japanese Consulate and Embassy I've ever dealt with has, when they were advised of the situation in advance, been perfectly able to issue a work visa on 24 hours notice.


Not London. They said three days. I didn't even have 24 hours anyway.

Perhaps if you moan they will do it in 24 hours.

Aside:

Glenski's post has us seeing red again Wink
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