|
Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Students and Teachers from Around the World!"
|
| View previous topic :: View next topic |
| Author |
Message |
Bucky420
Joined: 21 Apr 2009
Posts: 20
|
 Posted: Fri Aug 14, 2009 7:24 am Post subject: Spouse Visa Question |
 |
|
Hey,
I recently moved to Shizuoka to live with my girlfriend. I entered on work visa and tried to get work visa. Unfortunately, it didn't work out so we decided to go for spouse visa and got married this week. Until now everything went smooth, the actual wedding took us about half an hour at the city hall.
However, it seems to be little bit more complicated with the spouse visa. The biggest problem is the time. I can legally stay in Japan until 30 September, which gives us around 9 weeks to get spouse visa. It seems I need around 2 weeks to get apostile and translation of marriage certificate plus additional time to get documents from my country. The embassy told me that they will issue a temporary paper certifying our marriage, however the immigration officed told us today they don't accept it.
So my question is how long does it usually take to get spouse visa? Also during the processing of the visa, am I allowed to stay in Japan if my tourist visa expires?
Thanks |
|
| Back to top |
|
 |
seklarwia
Joined: 20 Jan 2009
Posts: 1546
Location: Monkey onsen, Nagano
|
| Posted: Fri Aug 14, 2009 4:36 pm Post subject: |
|
|
Where is your country? If you are lucky enough to be from the UK or a handful of other countries, then you can actually stay for up to 6 months as a tourist by going up to immigration to get a new stamp. A relative of mine simply had to show that they had the means to support themself legally to get permission to stay the full 6 months.
If not, you should still speak to immigration. Whether you will be permitted to stay after your visa has expired is purely at their discretion on a case by case basis (no different to in most other countries). Perhaps you should go talk with them sooner rather than later to explain your circumstances and see if they will be willing to give you extra time if you are not from a country where tourists can extend their stay for up to 6 months. |
|
| Back to top |
|
|
Bucky420
Joined: 21 Apr 2009
Posts: 20
|
| Posted: Fri Aug 14, 2009 11:23 pm Post subject: |
|
|
I'm from Slovakia, so as far as I know the "6 months stay" doesn't apply to me. We can stay for up to 90 days. Thank for the advice, though. I will probably try to talk to immigration bureau.
btw, one more question. Do I need Certificate of Elligibilaty for spouse visa? Does it help to speed up the process? |
|
| Back to top |
|
|
lensman
Joined: 01 Sep 2004
Posts: 21
Location: Australia
|
| Posted: Sat Aug 15, 2009 12:06 am Post subject: |
|
|
You only need a Certificate of Eligibility to get a work visa. You don�t need it to get a spouse visa.
It�s usually no problem to get another 90 day stamp. |
|
| Back to top |
|
|
Glenski
Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN
|
| Posted: Sat Aug 15, 2009 6:56 am Post subject: |
|
|
| lensman wrote: |
| It�s usually no problem to get another 90 day stamp. |
Don't get his hopes up like that. Aussies may have "no problem", but plenty of other nationalities do.
I could tell you that it takes 2-3 weeks to get a spouse visa, because that's what it took me, but our circumstances are different.
1) I'm American, not Slovakian.
2) I had been in Japan 3 years previously with a work visa. You haven't.
Get the paperwork immigration says you need. Since she is Japanese, she should have no problem contacting immigration and learning what you both need. Your own embassy should be able to help, too.
As for whether you can stay past your tourist 90-days after submitting the spouse visa application, confirm with immigration. |
|
| Back to top |
|
|
Bucky420
Joined: 21 Apr 2009
Posts: 20
|
| Posted: Sat Aug 15, 2009 7:57 am Post subject: |
|
|
| Glenski wrote: |
I could tell you that it takes 2-3 weeks to get a spouse visa, because that's what it took me, but our circumstances are different.
1) I'm American, not Slovakian.
2) I had been in Japan 3 years previously with a work visa. You haven't.
Get the paperwork immigration says you need. Since she is Japanese, she should have no problem contacting immigration and learning what you both need. Your own embassy should be able to help, too.
As for whether you can stay past your tourist 90-days after submitting the spouse visa application, confirm with immigration. |
Yeah, you're right. My situation is different and probably not one immigration is likely to speed up. I mean, I'm here on a tourist visa(well, exemption from visa).
Actually, the whole ask the embassy, ask the immigration thing is just getting me more confused, because they are telling me contradictory things. But immigration is probably the one to be followed, since it's their field.
Still got 9 weeks left so I hope I will be able to solve it without having to leave the country. Would be a major pain. |
|
| Back to top |
|
|
Glenski
Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN
|
| Posted: Sun Aug 16, 2009 12:39 am Post subject: |
|
|
| Bucky420 wrote: |
| Actually, the whole ask the embassy, ask the immigration thing is just getting me more confused, because they are telling me contradictory things. But immigration is probably the one to be followed, since it's their field. |
What sort of contradictory stories are they telling you? Get your butt down there in person with your wife and get them to tell it to you straight. If you hear a contradictory statement, get another official to intercede. You might have a rookie on your hands.
Last edited by Glenski on Sun Aug 16, 2009 8:54 am; edited 1 time in total |
|
| Back to top |
|
|
Bucky420
Joined: 21 Apr 2009
Posts: 20
|
| Posted: Sun Aug 16, 2009 1:49 am Post subject: |
|
|
| Glenski wrote: |
| What sort of contradictory stories are they telling you? Get your butt down there in person with your wife and get them to tell it to you straight. If you hear a contradictory statement, get another official to intercede. You might have a rookie on your hands. |
[/quote]
For example, the embassy told me they will issue a temporary marriage certificate since to get official one from my country might take some time. She told me that this document is specifically for our case, when I'm switching from tourist visa to spouse visa and I'm in a bit of time hustle. But the immigration officer told my wife that they don't accept this paper.
Another thing I read(yes, it's just from Internet, but I read about it in several different cases) is that when I hand all papers for application for spouse visa, I will get a stamp in my passport saying that my visa application is being processed and this allows me to stay in Japan even after my tourist visa runs out. Again, the immigration officer told me this is impossible and I need to leave the country after my visa expires. |
|
| Back to top |
|
|
seklarwia
Joined: 20 Jan 2009
Posts: 1546
Location: Monkey onsen, Nagano
|
| Posted: Sun Aug 16, 2009 3:43 am Post subject: |
|
|
| Bucky420 wrote: |
For example, the embassy told me they will issue a temporary marriage certificate since to get official one from my country might take some time. She told me that this document is specifically for our case, when I'm switching from tourist visa to spouse visa and I'm in a bit of time hustle. But the immigration officer told my wife that they don't accept this paper. |
Just out of interest, what embassy are you dealing with? You are already in Japan, so are you dealing with the Japanese embassy in your home country, or are you getting info from your country's embassy here in Japan? Either way, immigration here has final say in what is or is not allowed, so just follow their guidelines.
| Quote: |
Another thing I read(yes, it's just from Internet, but I read about it in several different cases) is that when I hand all papers for application for spouse visa, I will get a stamp in my passport saying that my visa application is being processed and this allows me to stay in Japan even after my tourist visa runs out. Again, the immigration officer told me this is impossible and I need to leave the country after my visa expires.
|
The problem with reading info online is that, firstly, immigration make decisions on a case by case basis and decisions can vary from officer to officer. Secondly, you can never tell for certain whether your circumstances are the same as writers. I too know somebody who was allowed to stay after their visa expired whilst waiting on processing. The difference between them and you though is that you don't have a visa. The stamp in your passport says that you are a tourist and intend to leave when your time is up. The fact you are now applying for a spouse visa does kind of suggest you entered the country with no intention of leaving despite having only tourist status.
If you were simply renewing a work visa or going from work visa to spouse visa, you'd have probably found that immigration would be more than happy to grant you leave to stay whilst waiting on processing.
Unfortuntely all you can do is hope that if processing hasn't been done in time and you find yourself having to go back to immigration, you'll get a kind a officer who will be sympathetic enough to give you permission to stay longer. If not, you may have to take a short trip abroad and re-enter. |
|
| Back to top |
|
|
Glenski
Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN
|
| Posted: Sun Aug 16, 2009 9:01 am Post subject: |
|
|
Slovakian embassy will grant a temporary marriage certificate, but immigration won't accept it. Ok, so get THEM to talk things over. Obviously one of them doesn't know something.
As for the pending stamp for a spouse visa letting you stay in the country, if you heard about it only on the Internet, take that for what it's worth. I know this is true for a work visa, but have not heard for spouse visa. Again, if you really feel someone has had this happen, realize two things:
1) Japanese bureaucracy is the land of "case by case".
2) Your wife should be able to politely explain that you have heard of such cases and politely ask for another officer to confirm what the first one told you.
Also, see if you can get a Temporary Visitor Visa (good for 15-90 days) after your tourist status runs out. |
|
| Back to top |
|
|
Bucky420
Joined: 21 Apr 2009
Posts: 20
|
| Posted: Mon Aug 17, 2009 7:57 am Post subject: |
|
|
| I went with my wife to immigration again and today they proved everything I've heard before from embassy and Internet. I can stay in Japan during the processing of my spouse visa even after my tourist visa expires and I can use the temporary marriage certificate from embassy. I guess it really depends on the immigration officer. Hopefully, we won't have to deal with the previous guy again. |
|
| Back to top |
|
|
Glenski
Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN
|
| Posted: Mon Aug 17, 2009 9:55 pm Post subject: |
|
|
| It pays to get a second opinion. Good luck. |
|
| Back to top |
|
|
Bucky420
Joined: 21 Apr 2009
Posts: 20
|
| Posted: Sat Sep 05, 2009 12:39 am Post subject: |
|
|
I went to Immigration Office yesterday and after letting us await for two nervous hours, they accepted our application and I received an "applicant" stamp in my passport allowing me to stay in Japan until our application is properly processed.
However, I've got different problem now. I've been offfered a very good contract to work an an English Instructor for major company, what I'm worried about are the taxes now. They don't seem to mind that I don't have proper visa yet, as I'm applying for them, but I'm bit worried the whole tax situation now. Because technically I'm not allowed to work, so if the immigration finds out that I'm working during applying for visa, I'm worried about repercussions. Does anybody have any experience with similar situation? |
|
| Back to top |
|
|
Cool Teacher
Joined: 18 May 2009
Posts: 930
Location: Here, There and Everywhere! :D
|
| Posted: Sat Sep 05, 2009 4:58 am Post subject: |
|
|
| Bucky420 wrote: |
| However, I've got different problem now. I've been offfered a very good contract to work an an English Instructor for major company, what I'm worried about are the taxes now. They don't seem to mind that I don't have proper visa yet, as I'm applying for them, but I'm bit worried the whole tax situation now. Because technically I'm not allowed to work, so if the immigration finds out that I'm working during applying for visa, I'm worried about repercussions. Does anybody have any experience with similar situation? |
Are you sure? I think you can work is your application is pending.  |
|
| Back to top |
|
|
Bucky420
Joined: 21 Apr 2009
Posts: 20
|
| Posted: Sat Sep 05, 2009 5:14 am Post subject: |
|
|
| Cool Teacher wrote: |
| Bucky420 wrote: |
| However, I've got different problem now. I've been offfered a very good contract to work an an English Instructor for major company, what I'm worried about are the taxes now. They don't seem to mind that I don't have proper visa yet, as I'm applying for them, but I'm bit worried the whole tax situation now. Because technically I'm not allowed to work, so if the immigration finds out that I'm working during applying for visa, I'm worried about repercussions. Does anybody have any experience with similar situation? |
Are you sure? I think you can work is your application is pending. |
That's what I wish was true, but couldn't find anything that confirms it. I came here on tourist visa, so I guess the immigration would be stricter in such cases. |
|
| Back to top |
|
|
|
|
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
|
This page is maintained by the one and only Dave Sperling.
Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.
Powered by phpBB © 2001, 2002 phpBB Group
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
