Job Discussion Forums

[Astrogirl77]

Hi

I was wondering if anyone knows whether or not you are legally allowed to stay on a working visa after you stopped working for the company that originally sponsored you

I am a first-year JET and have a three-year work visa. The visa categorises me as 'Instructor' - it doesn't seem to directly tie me to my school/employer. I have written to the Japanese Consulate - General's office in my home country for verification, but they came back with a vague answer from the Immigration Department that I should go and change to a temporary visitors visa if I want to stay in Japan after I finish working for my school. The thing is, I am not supposed to work on this visa, which would be my whole purpose for staying. I have also seen ads on websites for schools asking for teachers that already have a work visa, which suggest to me that I don't legally have to change my visa if I stop working for the school. I have had enough of hearing what people think I should do - I want to know in black and white exactly what the law stipulates. Will Immigration track me down and kick me out of the country if I stop working for my school and don't change my visa? Does anyone know anything about this, or can direct me to a website in English that has the answer??

Any advice or feedback would be greatly appreciated.
Thanks
Astrogirl 77

[Iwantmyrightsnow]

Yes, you can stay!

If you start working eikawa, you should technically change your status to Humanities. But is a technicality. What are the consequences if you don't. The next time you apply for a visa renewal they might only give a one year visa in retaliation. Heard it isn't so difficult to change status though.

Immigration can give advice on the phone in English.

[Glenski]

[Astrogirl77]

So they could maybe cancel my visa on me because I work as a government employee??? Does anyone know if this is true??? What bullies...

[JimDunlop2]

You have to always remember. In Japan, there are no laws. Only strong suggestions.... (Well, that's how it feels most of the time anyway)...

Let's differentiate between what is "technically" correct and compare that with the practical reality of the situation.

Technically speaking, as your employer is your visa sponsor, and they stop sponsoring you (whether through dismissal or other contract termination) it is taken on faith by your sponsor that you will either be changing your visa status or go home. I've been told that it's considered "shameful" for a company to cancel visa sponsorship once it's been issued. That would imply that the company was not competent in hiring the right person in the first place. So, there is a certain amount of trust granted by the visa sponsor that you will abide by the law and not disgrace their company. Of course, there is nothing that says they CANNOT do that. Of course they can revoke sponsorship. Question is, WILL they? and if so, why?

By the same token, if you find a new job, it is advisable to visit immigration and notify them　immediately. IF you require a working visa status change (in the category of work column of the application) and you have not effected this change, you ARE working illegally, and it is the SOLE discretion of the immigration officer you're dealing with whether or not he wants to act on it. Common sense tells us he won't, but we don't know if he lost 10-man in pachinko last night and when he got home his wife kicked him out and he had to sleep in a hotel. When I changed employers, I was working for almost 4 months before I changed my status (because my visa was up for renewal) and the immigration officer was none too impressed with me and explained to me what I've just posted here above.

So, to answer your question, yes you may stay after you've stopped working, until the expiry date of your visa. However, do bear in mind you are still being sponsored by the company where you worked. IF your plan is to work at another company until your visa expires and then go home, assuming no glitches come in between, you will likely be OK and no one will ever say anything. If, however, for whatever reason, it comes to immigration's attention, say you get arrested, or you change your mind and want to renew your visa -- you may be answering some tough questions for la migra.

Does that help?

P.S. Whether you tell immigration of an employment change immediately or not has no bearing on your next visa. Your next visa WILL be only 1 year -- not out of retaliation, but rules that say that 3-yr visas are only issued for people who are on their 2nd or nth go-around. If you change working visa categories you are treated as a 1st-timer. But again, like everything in this country, that's open to change and interpretation and exceptions. I'm just stating the way it USUALLY works for the masses.

[Glenski]

[Mike L.]

BOE sponsered my visa. I lined up work at the end of 3 years on JET. My visa was changed to a 3 year humanites visa.

It took 2 weeks and was hassle free. Make sure you bring all of your paperwork with: degree, poof of tax payment etc etc etc...

Why don't don't you go down to immigration for a consultaiton?

In Tokyo and other large centers they hire English speaking staff to help.

When I was in your situation that's what I did.

[JimDunlop2]

Glenski: WHO sponsors your visa is completely irrelevant in this case. Whoever it is, it's highly unlikely that they will revoke a visa upon completion of a contract. Even if it's the government. I have at least one friend who was in the same situation as Astrogirl. (BoE employee on a 3 yr visa, terminated employment only 1 year into it).

As to assessing the validity of my point depending on the situation, what do you base your statement on? You'd have to give me an example of someone's visa being cancelled after employment. Unless someone can say otherwise, I have not heard of this ever happening to anyone. But for this discussion, I think we can say that BoE = local (municipal government).

You have to understand, that the paperwork, time and trouble involved in revoking (cancelling) a visa just aren't worth it. More than likely, the visa sponsor doesn't even know when the visa expires unless they look it up in their files. I work for the BoE and they are always asking ME about the applicable visa procedures, laws, rules, etc. They usually have me do all the legwork, and tell them what to fill in, where to hanko, etc.

As for finding out who the current sponsor is? The best thing to do would be to call the CLAIR office and ask them. They won't know your individual case, but if they know where you work (worked) they can tell you who the visa sponsor would be.

As another aside, I've heard of a foreigner who was involved in a criminal matter. He was arrested, charged, and when his court date came, it was UP TO IMMIGRATION to attend his trial in regards to the cancellation of his visa. As they didn't, his visa was still valid. Apparently, according to a Japanese lawyer, If immigration officials don't do this step, it means that his visa is still 100% valid, even though he would have been (obviously) fired by his employer who would have been his visa sponsor as well.

So, even WITH a valid reason to revoke or cancel a visa, it's highly unlikely it would ever happen. Remember, the stamp in your passport says the date. Immigration would literally have to phone you up, call you into the office and change the date in your passport.

[Astrogirl77]

Thanks so much everyone for all your help. You don't know how grateful I am.

By the way - I am a prefectural jet and classified as a government employee, but from what I have gathered from you guys, as long as I try not to piss them off too much and give them a reason to come after me, they will most likely leave me alone.

Thanks again

Astrogirl