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grace period while waiting for a working visa?

 
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-chris



Joined: 09 May 2011
Posts: 17

PostPosted: Fri Aug 05, 2011 3:35 pm    Post subject: grace period while waiting for a working visa? Reply with quote

Hello everyone,

I have just been told that you can start work in a lauguage school (as an English tutor) once you arrive in Japan as the company will submit the papers to immigration for your visa. You are allowed to work by law while you're waiting your working visa to come out.

Has anyone heard of such a thing?

Thanks heaps!
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seklarwia



Joined: 20 Jan 2009
Posts: 1546
Location: Monkey onsen, Nagano

PostPosted: Fri Aug 05, 2011 4:08 pm    Post subject: Reply with quote

That is BS. Many people do that but working before you have your COE is illegal. Working while the COE is being processed is probably okay, since the COE is proof that you are eligible for a work visa.
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Glenski



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

PostPosted: Fri Aug 05, 2011 10:55 pm    Post subject: Reply with quote

Immigration will tell you no, because you have not received your visa yet, and there is always the chance that it will be denied anyway.

In practice, employers will keep quiet about this and ask teachers to work anyway during visa processing. You run the further risk of being paid without any contract during that time. Be careful, especially if the employer has rushed you over, because sometimes they are unscrupulous. They could keep you in the dark about visa processing, claiming delays or mistakes until you have overstayed your tourist status. All that while you could get paid less than you should, have no benefits, and then be kicked out without a final paycheck. As an overstayer, you would then be in deep trouble with immigration.
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G Cthulhu



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

PostPosted: Sat Aug 06, 2011 3:50 pm    Post subject: Reply with quote

seklarwia wrote:
That is BS. Many people do that but working before you have your COE is illegal. Working while the COE is being processed is probably okay, since the COE is proof that you are eligible for a work visa.


Nope, that's illegal too. Criminal, in fact. You are allowed to undertake the activities granted by your SOR only. Until you get the work visa and SOR, it's illegal to work.
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seklarwia



Joined: 20 Jan 2009
Posts: 1546
Location: Monkey onsen, Nagano

PostPosted: Mon Aug 08, 2011 1:52 am    Post subject: Reply with quote

G Cthulhu wrote:
Nope, that's illegal too. Criminal, in fact. You are allowed to undertake the activities granted by your SOR only. Until you get the work visa and SOR, it's illegal to work.

I never said it was legal. I said probably okay because doesn't the COE have what SOR you are going to be granted?
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yamanote senbei



Joined: 28 Jun 2005
Posts: 435

PostPosted: Sat Aug 20, 2011 3:43 am    Post subject: Reply with quote

G Cthulhu wrote:
Nope, that's illegal too. Criminal, in fact. You are allowed to undertake the activities granted by your SOR only. Until you get the work visa and SOR, it's illegal to work.

G is right. It's also illegal for an employer to employ you during that time. Working without a Status of Residence that allows work, more exactly that particular type of work, leaves those people open to blackmail and more at risk of not being paid their full salary.

Some companies claim that work done during the waiting period is unpaid training. Stay away from those situations.
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seklarwia



Joined: 20 Jan 2009
Posts: 1546
Location: Monkey onsen, Nagano

PostPosted: Sun Aug 21, 2011 8:54 am    Post subject: Reply with quote

yamanote senbei wrote:
G is right. It's also illegal for an employer to employ you during that time. Working without a Status of Residence that allows work, more exactly that particular type of work, leaves those people open to blackmail and more at risk of not being paid their full salary.
As I said your COE already has your status of residence on. So why is it such a huge illegality to work whilst the stamp is being processed?
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Glenski



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

PostPosted: Sun Aug 21, 2011 12:28 pm    Post subject: Reply with quote

For the same reason it's illegal to drive a car before you've actually been issued the license.
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seklarwia



Joined: 20 Jan 2009
Posts: 1546
Location: Monkey onsen, Nagano

PostPosted: Sun Aug 21, 2011 5:11 pm    Post subject: Reply with quote

Glenski wrote:
For the same reason it's illegal to drive a car before you've actually been issued the license.

Actually, in the UK we can drive once we have passed our test but before we have received our licence because the test pass cert proves we are eligible to drive whilst we are waiting on the processing which can take up to a month.
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Glenski



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

PostPosted: Sun Aug 21, 2011 9:32 pm    Post subject: Reply with quote

That's interesting, because in the U.S., you take the test and can get your license on the same day. I think that regardless of the difference here, you still get my meaning. No visa in hand, no legality to work.
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G Cthulhu



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

PostPosted: Mon Aug 22, 2011 3:38 am    Post subject: Reply with quote

seklarwia wrote:
As I said your COE already has your status of residence on. So why is it such a huge illegality to work whilst the stamp is being processed?


Seriously? The COE is not the SOR. It is simply illegal. EOS.
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