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ava77
Joined: 03 Jun 2005
Posts: 100
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 Posted: Sun Jul 31, 2005 2:12 am Post subject: special permission-visa |
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| Please tell me if you know anything about receiving special permission in Japan after you have overstayed. If two foreigners marry in Japan can the spouse have a dependent visa if they have overstayed. I know that if you marry someone who is Japanese they will grant special permission but what is the case involving two foreigners. I will receive a three year visa and want my future husband to be able to obtain a visa via me without having to leave the country. |
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Glenski
Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN
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| Posted: Sun Jul 31, 2005 6:19 am Post subject: |
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If two foreigners marry in Japan, and one wants to get a dependent visa, the other one must have a work visa (which pretty much implies a full-time job). You seem to have that.
There is no "special permission" if you marry a Japanese. You simply get a different type of visa -- a spouse visa. If you have overstayed your previous visa status or tourist status to marry a Japanese, you have still overstayed your legal welcome (see below).
If you get married after you have overstayed, what is your husband overstaying? A tourist status? By how much? Personally, and I'm not an immigration official, I'd at LEAST give the applicant for a dependent visa a sideways glance and a small talking to for overstaying tourist status "just" to get married. Look at it from immigration's side of things. You broke the law in order to get within the law. |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Sun Jul 31, 2005 6:19 am Post subject: Re: special permission-visa |
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| ava77 wrote: |
| Please tell me if you know anything about receiving special permission in Japan after you have overstayed. If two foreigners marry in Japan can the spouse have a dependent visa if they have overstayed. I know that if you marry someone who is Japanese they will grant special permission but what is the case involving two foreigners. I will receive a three year visa and want my future husband to be able to obtain a visa via me without having to leave the country. |
If a person is an overstayer there is no reason that they will allow a foreign national to stay in the country even though they have overstayed their visa. They have broken the law and immigration will take appropriate measures.
Japan does not even allow foreign parents of Japanese nationals (children born to mixed marriages) on expired spouse visas to stay in the country after a spouse visa expires and the spouse is no longer married. Overstaying foreigners have no automatic right to be allowed to stay in this country, simply because one is working here on a valid work visa.
Recent posts have noted that if you leave Japan voluntarily after overstaying you are allowed back in after one year. If you are forcibly deported from Japan you are blacklisted for up to ten years.
I am not immigration and don't make the rules, but i would consider contacting immigration to see what your options are re your fiance/husband, or contact an immigration lawyer.
http://www.issho.org/modules.php?op=modload&name=News&file=article&sid=1274&mode=thread |
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ava77
Joined: 03 Jun 2005
Posts: 100
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| Posted: Sun Jul 31, 2005 12:07 pm Post subject: special permission |
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Thanks for your help, I am now in the process of getting an immigration lawyer. I know that people have been granted special permission for overstaying if they later married a Japanese person as the immigration officials probably think that if they had to leave it would cause emotional heartship etc. But this probably only applies to Japanese people.
I will let you know what happens. |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Sun Jul 31, 2005 12:21 pm Post subject: Re: special permission |
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| ava77 wrote: |
Thanks for your help, I am now in the process of getting an immigration lawyer. I know that people have been granted special permission for overstaying if they later married a Japanese person as the immigration officials probably think that if they had to leave it would cause emotional heartship etc. But this probably only applies to Japanese people.
I will let you know what happens. |
Japanese immigration only cares about whats in the interest of Japan and Japanese nationals. They dont care about the happiness of foreigners, just that you obey the immigration laws.
On top of that a person who marries a Japanese gets a spouse visa and can work and be supported by a Japanese person and their family. A foreigner married to a foreigner in Japan has no such guarantees, and you both also have a country to go back to. |
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