Job Discussion Forums

[OneJoelFifty]

Thanks, I'll pass the information on.

I don't think it's a scam by the company as others have had the same situation, one guy made a run to Korea and back just last weekend. I think they were recruited very late from within Japan to fill some BoE contracts that were won at the last minute, so although the CoE process was started a month or so ago some people just have too little time left on their tourist visas.

[seklarwia]

And has this one guy from last weekend seen any sign of his COE yet? Until he does, it doesn't prove that this employer is nothing but a scam artist.

Besides leaving the country can mess up the process resulting in further delays or immigration even cancelling the application.

As Glenski said, if they have already put in the application at immigration then there is no need to leave the country. You go to immigration, tell them that you are waiting for your COE but that your tourist status is about to expire, they check their system to make sure you do have a COE in the works and they stick a stamp in your passport granting you extended leave to stay.

I believe a poster a couple of months ago - who was in the exact same situation and ended up being royally screwed by his employer - mentioned that you need the reference/application number when you go to immigration that your employer will have if they have actually put in the application.

[Kionon]

I did it. The above is exactly how it was being done at my company until July of 2008. Immigration basically told the company to knock it off and they wouldn't file charges against my company. As far as I know, I was the last one to do this, and every single one of the teachers who came in after me came, visa in their passport, from their home country. Companies will do whatever they think they can get away with, but that doesn't mean they are scamming the teacher in question. Just that they are trying to fill positions any way they can. Doesn't mean what they are doing is legal or right.

I managed the three landing permits in a row feat, and only because of very specific timing, and because of immigration officers telling themselves stories I never actually told them. Like many things, in retrospect, I would have taken a harder line with my company, but hindsight is 20/20. I just didn't know the extent of what I was involved in at the time. You must be very careful when reentering to stipulate you merely want to see more of Japan. In order to do this successfully, especially after such a short hop to Korea, you need to prove you have the means and intent to leave. This is at the sole discretion of each individual immigration official. This can be:

1) Return ticket
2) Detailed itinerary from a travel agent of what you plan to do and see in Japan, and when and how you plan to leave. For some travel options, such as by sea, reservations are not needed, and so immigration understands why you may wish to wait closer to the date.
3) Lots of money. Thousands of dollars at least.
4) Some other time critical information showing why it would be detrimental for you to stay in Japan past the time granted to you by the landing permit.

On trip number one, I did #1, and just burned the return ticket. Given that it was �9000, I wasn't bummed about this. On trip number two, I did #3, and presented evidence of about �30万 and claimed that I would be staying with a friend I met on trip one (true). Given the fact I was not paying for accommodation, the immigration official ruled that I demonstrated the ability to not be a burden to Japan and to pay my way out of the country. On trip number three, I did #4, and this is where timing and stories just happened to merge...

At this point, I still had legal residency in Korea. My employer in Korea, being investigated for tax fraud, had decided not to inform immigration that I quit (amusing, since it was the Korean Revenue Service that told me to quit in the first place). My visa was still valid, and my ARC still let me go in and out of Korea without issue. When I came back into Japan for my third landing permit, I was asked my purpose for returning to Japan. I said I had not seen all the wanted to see, and that I was still on vacation (true, and true). I was asked about my country of legal residency. I said Korea (also true). They looked at my passport and saw my instructor visa for Korea. They asked when the school year began again in Korea. I said september (also true). At this point the immigration official nodded and said, "Okay, welcome back." And I got the third landing permit.

It was pretty clear that the immigration officer's thought process was that since I had legal residency in Korea, and had a valid work visa for Korea, and that the school year was not currently in session, that I intended to return to my job in Korea at the end of my vacation period, and that meant I did not intend to overstay. I never said this. I answered every question with exact honesty. Largely this was because of how things were phrased by the immigration officer herself. Had she asked more direct questions ("do you currently have a job in Korea?" "when did your vacation start?" "How can an E-2 visa holder afford to go galavanting around Japan for seven months?") I would have had a considerable ethical dilemma. I was lucky, and I know it. But it does go to show that as long as the immigration officer thinks you have intent to eventually leave and support yourself during your stay, you may stay in Japan as long you can convince the official this true.

I would not recommend going for more than three, and would count on the third being a matter of stars aligning in the night sky.