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mctrigger · Joined: 14 Oct 2004 Posts: 3

stuck! I want to teach English in Tokyo!!

relevant basics: I'm an American male, 27 , white, no criminal record, never overstayed visa
I have several close friends and a brother in tokyo

I want to say that I know you aren�t immigration lawyers! And im not expecting expert legal advice/answers to all this! Just want to see if anyone has been through something like this. And could offer advice based on experience...

My history:
2000: had a 1 yr, pre-college student visa in japan(under my old passport).

2001-present: have visited Japan several times but mostly between 2001-2003. A few of those visits were quite long(65-80 days), others no more than 2 weeks in duration. In the last 20 months, I have only spent three days in japan.

Situation:

during my last stay from the end of �03 into �04, I ended up staying for 88 days.
Reason: part way through my stay I was offered a job- provided that I could have my degree sent out and apply for my COE. i wasn't out interviewing the whole time as a 'tourist', this opportunity was presented to me through mutual friends. Well, there ended up being a lot of delays , most of which were out of my hands, and I ran out of time.

Was told its easy enough to pop over to korea for 2 nights and just re-enter japan. Im familiar with the process and figured it�d be no problem. I assumed that, even though immigration might not like the fact that I stayed for 88 days, I wasn�t doing anything wrong...so I could. i figured i could apply for my COE during this 2nd trip in japan and leave again later on to wait for approval and then go and get my actual visa

Turns out, it was a problem and I guess I was one of the people they wanted to make an example of. So after returning from korea, I was sent back to the US that same night on a JAL flight.
When interrogated about my re-entry they wanted the following:

1)travel itinieries, tickets, reciepts etc to prove what I was doing during my 88 days. And what I intended to do for the next stay
2)plenty of cash on hand
3)bank statements or other proof of funds
4) detailed explanation of why I stayed 88 days

I had none of this, so there wasn�t much I could do.
yes, im sure it was obvious what I was trying to do. But they couldnt prove I was looking to gain employment in tokyo. I had money in my US bank but they coulnt get through when they tried to call and verify funds.

What I ended up doing, from the US, is sending all neccesary paperwork +degree to the company, and they applied for the COE for me. They said everything was in order and would just have to wait. after two months, I got a denial of application letter. Of course, they don�t tell you why, and was told the only way to find out is to go to immigration in person. But at the same time, im not supposed to go back to Japan -well, back at Narita in �04 they said I COULD come back, but I would need a good reason and have detailed itinieries etc..and even then, there was no guarantee I would be let in.

Regarding my denial, I know the company didnt screw me on this one. I have a friend there and they were involved with the process.
So I�m asking : WTF?, can I re-apply for a COE? What could have been factors that caused a denial? I might add that I did have a different passport back in 2000, not that it should have anything to do with all of this but?....not even sure if they have a record of me as a student in japan anyway.

-Ultimately, I want to live in Japan.
-for now- I want to re-apply for a COE.
-want to be able to visit w/out getting pulled aside everytime.
(During my 3 day stayover in march this year, I was let in(obviously) but they did question me and make me wait for 20 minutes. Only after talkinig to my friend on the phone(hes half japanese, fluent), they let me in.

So I figure, if I re-apply, I definitely have to submit the same paperwork without any changes(cause I know they hate info that doesnt match up!) Plus I probably have a �red flag� on my record.
It�s all insane and probably depends on the individual who looks a t my paperwork. All this strategizing could be for nothing

I�ve actually emailed lawyers in tokyo and would even pay, if they could help me w/this. I�ve either gotten no response, or a few responses that addressed something completely different!(telling me that �I need a sponser to get a work visa�...I know that! I wanna know IF I can re-apply and how)

again, if anyone has some experience with this, I�d love to hear back

Patros · Joined: 21 Nov 2004 Posts: 11

Talking to an embassy/consulate would probably be a good idea. Certainly easier than flying over there, and possibly getting sent right back by immigration authorities at the airport.

If you have a sponsor they could apply for a COE, but it would likely just be denied for the same reason (unless it was a problem with the company and not you)

You almost figured iy out. They didn't assume you coming back looking for work, they assumed from what you'd been doing that you were already working illegally. Especially when you tried the telltale "pop-over to korea for 2 nights" after your visa has almost expired trick. If you'd had a wad of cash, a bunch of photos of your travels, etc, they wouldn't have had a problem letting you back in.

It's not that they were singling you out. It's that the things you were doing, even though legal, closely resemble the things people working illegally do. This sets off *big red flashing lights* in the minds of immigration officers, and they probably flagged you as being suspected of working illegally. And you didn't offer anything to convince them otherwise. Unfortuanately for you they have the right to refuse you entry based on their suspicions, without proof.

Serendipity · Joined: 14 Oct 2005 Posts: 36

I think this is another example in Japan of 'it depends who you talk to on the day' kind of problem; Immigration rules seem to be a very murky area at times.

Earlier this year I had to do the Korean run - not to get a COE but so I could continue my tourist VISA to give me more time to find work. I was worried that they wouldn't let me back into the country, seeing as I had no intention of lying about my re-entry reasons. My local immigration office said this 'If you say to them that you need extra 3 months to look for work and that you have no intention of working on a tourist VISA, they will let you in' Sure enough, it did the trick.

I was also adviced to bring a wedge of money/credit card/travellers checks - exactly what they asked to see.

mctrigger · Joined: 14 Oct 2004 Posts: 3

thanks for responding,
i tried talking to the japanese embassy and they said they couldnt help me with anything b/c they are a part of 'ministry of foreign affairs' and my concern is with the immigration bureau which is under 'ministry of justice'.
pretty frustrating. called a different embassy just to make sure. same thing.

yeah, at narita, they were mostly concerned about why i stayed 88 days. what was i doing etc.

so, it IS ok to tell them you are looking for work under a tourist visa?
i figured it was illegal, technically, but everyone does it. i mean, how else do u find a job unless you get hired overseas.
so i didnt tell them i was looking for work and wanted to re-enter b/c i wanted more time.

in march of this year i did go back, just for a 3 day stop over, and they let me in. but only after calling my friend(who is japanese).

so do u recommend talking to immigration lawyers?

thanks for any feedback.

PAULH · Joined: 28 Jan 2003 Posts: 4672 Location: Western Japan

abufletcher · Posted: Wed Dec 28, 2005 11:23 am Post subject: Re: thanks for the feedback

Serendipity · Joined: 14 Oct 2005 Posts: 36

PAULH · Joined: 28 Jan 2003 Posts: 4672 Location: Western Japan

guest of Japan · Joined: 28 Feb 2003 Posts: 1601 Location: Japan

No one has mentioned it yet, but I think the OP ought to replace his passport. All those previous stays in Japan shown in the passport are causing flags to be raised.

taikibansei · Joined: 14 Sep 2004 Posts: 811 Location: Japan

mctrigger · Joined: 14 Oct 2004 Posts: 3

thanks all for the input. it definitely helps clarify some of the grey areas, or at least know the most appropriate way to approach going back to japan.

i think no matter what i do, the red flags are there. if i get a new passport, definitely dont wanna risk screwing myself even more by lying about past visits. so i will have to tell them i've been there several times etc.
they'll probably be suspicious about the coincidence of me having a blank passport.

as mentioned in my post at the top- i had a different passport when i was in japan back in 2000 w/ a student visa. i replaced it( was damaged, seriously!) and went back to japan w/ a new passport in 2001. no problems there. but things are tightened up more now.
so my history of visits/visa is a little more complex. not even sure if my record of having a student visa shows up. guess that's impossible to find out anyway.

how new is this addition of questions about past visa denial etc. on the embark. card?
does anyone know specifically what they ask?
I went to tokyo for three days back in March, really don't remember what was on the card to fill out.
at narita, i was pulled aside for 20 minutes, mostly just waiting, and they let me in after they called my japanese friend.

some people have told me this:
when asked why i came to japan/what i will be doing etc. i should say i'm visiting my girlfriend or fiancee...in addition to doing touristy things.
initially, i thought this is not a good thing to say b/c it may suggest i would be more likely to just hang around, living off of a girl, staying as a tourist for unusually long periods of time...curious what everyone's thoughts are.

taikibansei · Joined: 14 Sep 2004 Posts: 811 Location: Japan