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DNK
Joined: 22 Jan 2007 Posts: 236 Location: the South
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Posted: Sun Apr 22, 2007 5:46 am Post subject: Working without a visa? |
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So within 48 hours I should be hearing if I got a job that wants me in Japan within a month to start work. This would pretty much mean no working visa when I started with them. I've heard this is a fairly bad thing, and obviously illegal. The company says they've done this numerous times before without problems, but that's hardly reassuring.
What are your feelings on this? Is there no way to get around this (other than the obvious 'ignoring the issue' approach)?
I'd hate to have to turn down a second job offer in as many weeks, since I'll get stuck with AEON or GEOS after this almost without doubt. |
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furiousmilksheikali

Joined: 31 Jul 2006 Posts: 1660 Location: In a coffee shop, splitting a 30,000 yen tab with Sekiguchi.
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Posted: Sun Apr 22, 2007 6:55 am Post subject: |
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The fine for working without a visa is three million yen. Up to one month in detention and deportation with the possibility you won't be able to come back for five years.
Those are the risks. Make up your own mind. |
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Glenski

Joined: 15 Jan 2003 Posts: 12844 Location: Hokkaido, JAPAN
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Posted: Sun Apr 22, 2007 7:03 am Post subject: |
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Sheik speaks the truth. Decide for yourself.
What exactly has the employer told you about this thing that they have done so many times before? Do they actually want you here in Japan before you even apply for the visa? Have they explained the rush? Will they let you speak to current teachers (especially the one you are replacing)? |
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Sour Grape
Joined: 10 May 2005 Posts: 241
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Posted: Sun Apr 22, 2007 12:18 pm Post subject: |
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Consider this possibilty - you work for a month, and then at the end of that month, they decide not to pay you.
If you are working illegally, how do you think you will go about getting your money?
An extreme example, but I hope it makes the point. You will have no recourse for any problems if you are working but not legally.
Not worth the risk, in my opinion, but it's your life (and neck) |
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furiousmilksheikali

Joined: 31 Jul 2006 Posts: 1660 Location: In a coffee shop, splitting a 30,000 yen tab with Sekiguchi.
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Posted: Sun Apr 22, 2007 12:23 pm Post subject: |
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Sour Grape is right. Any company that asks you to do this is disreputable. I am sure you can tell the company that you don't want to break the law and if they are adamant that these are the terms of gaining employment with them then tell them to get stuffed. |
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azarashi sushi

Joined: 23 Jan 2003 Posts: 562 Location: Shinjuku
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Posted: Sun Apr 22, 2007 12:56 pm Post subject: |
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What the other's have said is right but remember that the empoyer would also be in big trouble if caught employing someone without a visa. So, it's really not in their interest to screw you over. Sure, there are shonky employers but I think (and that's only based on my personal experience) that the vast majority are OK. If it's a really good job and you desperately want to come, then I think the odds are in your favour. Are you a risk taker?
The other thing to note is that we are constantly being reminded by the posters on this board that when resigning, the legal minimum notice you have to give your employer is only 2 weeks. And people always complain if their contract says that they have to give three or whatever months notice.
Some schools like to hire people from abroad who haven't yet worked in Japan. So think about it... If the teacher resigns for whatever reason (and not because the school is bad in anyway) and gives two weeks notice, what is the school to do? Shut down for however long it takes to find another teacher? They just can't do that. They are in a tight spot and they do whatever they can. I'm not saying it's the ideal situation but we're not living in an ideal world.
This happened to a teacher at the first school I worked at. One previous teacher (the one I was replacing) had given about six weeks notice. I just managed to get my C of E by the skin of my teeth. I had already left home and was in Singapore on my way to Tokyo and had to have the C of E couriered there. My co-worker wasn't so lucky because the teacher she was replacing only gave three or four weeks notice. She had to work for the first month on a tourist visa, but there were no problems. The only nuisance was that she had to go to Korea at her own expense to get the visa. That has changed now and you probably wouldn't have to leave the country.
I'm not advocating working illegally ... I'm just saying that not everyone does it because they want to screw you over.
So, the choice is yours! |
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furiousmilksheikali

Joined: 31 Jul 2006 Posts: 1660 Location: In a coffee shop, splitting a 30,000 yen tab with Sekiguchi.
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Posted: Sun Apr 22, 2007 12:58 pm Post subject: |
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azarashi sushi wrote: |
What the other's have said is right but remember that the empoyer would also be in big trouble if caught employing someone without a visa. |
Are you sure about that? It may be true but couldn't the employers deny all knowledge? I don't know, do you have any evidence that all employers must find out about the status of residence of their employees? |
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azarashi sushi

Joined: 23 Jan 2003 Posts: 562 Location: Shinjuku
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Posted: Sun Apr 22, 2007 1:17 pm Post subject: |
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Hi Furious,
Yes, I'm not sure and I don't have any evidence.
I just know when I worked with this girl who was on a tourist visa for one month, the company were terribly hush hush about it and kept reminding her not to tell anyone because they would all be in big trouble.
I don't know if it's a law that employers need to check your visa status but employers for every job I've ever applied for have asked to see my visa.
Still, I don't really think it's in their interest to cause problems. |
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furiousmilksheikali

Joined: 31 Jul 2006 Posts: 1660 Location: In a coffee shop, splitting a 30,000 yen tab with Sekiguchi.
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Posted: Sun Apr 22, 2007 1:23 pm Post subject: |
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azarashi sushi wrote: |
I just know when I worked with this girl who was on a tourist visa for one month, the company were terribly hush hush about it and kept reminding her not to tell anyone because they would all be in big trouble.
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Well, the reason that a company wouldn't want anyone to talk about it is because they need a teacher. If the teacher ends up in jail or gets deported then they'll have to find a new one. That is not in their interests. But, what I am saying is that a company may have far more leverage on an employee without the legal right to work here.
A lot of companies such as AEG or Wishborn as they are now known have asked people to come over and start work immediately in order to keep their students. It doesn't mean that they are trying to screw their employees in terms of wages but they are still asking for them to work illegally. The employees will almost certainly be in bigger trouble if they are caught than the employers who let them work without a valid visa. |
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Glenski

Joined: 15 Jan 2003 Posts: 12844 Location: Hokkaido, JAPAN
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Posted: Sun Apr 22, 2007 9:53 pm Post subject: |
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What the other's have said is right but remember that the empoyer would also be in big trouble if caught employing someone without a visa. So, it's really not in their interest to screw you over. |
I have heard half a dozen reports from maybe 4 companies that do this sort of thing. They hire people without visas, say it's ok, promise that they are going through the motions to apply for the visa, then keep begging it off with fake stories of "delays in processing" or "mistakes in application paperwork", and when the teacher has worked over his tourist stay, they tell him to get stuffed and not pay his last paycheck.
Nothing has ever been reported about the repercussions to the companies. No news headlines. No teacher follow-up report. Nothing.
It is in their interest to operate legally, but the government here sometimes turns a blind eye to such things and only considers the law from the standpoint of how it affects the foreign worker.
Look at how dispatch companies operate. Illegal without a license, but do you see the government clamping down on them. Nope.
Yes, not all companies who ask for a teacher on short notice are disreputable. Just get them to prove it. Let you speak to the exiting employee or existing ones, and get the paperwork started before you leave your home country. |
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Grasshopper
Joined: 01 Nov 2005 Posts: 62 Location: Japan
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Posted: Mon Apr 23, 2007 12:13 am Post subject: |
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If they expect you to work without a visa, you should steer clear of them. There are plenty of other employers... |
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DNK
Joined: 22 Jan 2007 Posts: 236 Location: the South
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Posted: Mon Apr 23, 2007 2:07 am Post subject: |
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Well, I've been offered the job. They want to get the paperwork started ASAP, and hope to get the visa ready before I depart. Since they originally said late May, I'm not thinking it will happen. I'm going to e-mail them back asking to speak with a current employee and to clarify the visa situation. Will reply here when I have some finalized information. |
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Kynan
Joined: 01 Sep 2006 Posts: 13 Location: China (But I usually live in Canada/USA)
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Posted: Sat Jun 09, 2007 8:06 am Post subject: |
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If DNK is still around, I'd like to know how this worked out. |
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DNK
Joined: 22 Jan 2007 Posts: 236 Location: the South
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Posted: Sat Jun 09, 2007 3:50 pm Post subject: |
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Honestly, I'm not trying to spam the forum with this issue
Well, I ended up getting offered the job and had managed to argue them into starting by getting the visa first.
Three days later they rescinded their offer, and claimed that the person I was replacing decided to stay on another year.
The end. |
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nonsmoker

Joined: 20 Apr 2007 Posts: 352 Location: Exactly here and now.
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Posted: Sat Jun 09, 2007 3:55 pm Post subject: |
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DNK wrote: |
Honestly, I'm not trying to spam the forum with this issue
Well, I ended up getting offered the job and had managed to argue them into starting by getting the visa first.
Three days later they rescinded their offer, and claimed that the person I was replacing decided to stay on another year.
The end. |
Don't worry. There are plenty of jobs out there. Goodluck! |
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