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VISA Q and A on FM COCOLO 76.5 MHz Long Term Residency On Aired Data: March 5, 2002 |
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Summary of the Aired Program |
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The Long Term Visa is a status that is complicated and difficult to obtain, even for experts on immigrations like Gyouseishoshi lawyers. What makes it so difficult is that the decision of approval and the term of stay is in the hands of the Minister of Justice. In Japanese it is called "Jiyuu Sairyou". If the Minister judges that the applicants reason is special he/she has the right to approve it. But if he/she feels there is nothing special concerning the reason, he/she also has the right to disapprove it. Among the Long Term Visas, there are ones that are basically approved at the point of landing, and ones that are not. For instance refugees and those of the Japanese descent fall under the ones that can be approved. Indochina refugees and others that are determined as refugees will be able to obtain the Long Term Visa. But you must keep in mind that it is very difficult to be determined a refugee under the Japanese law. Also it is not clear exactly how many people holding the Long Term Residency, obtained the status as a refugee. As for the Japanese descents, many of them live in Brazil, Peru, Bolivia and other countries in South America. The children left behind in China after WWⅡ are also considered as a Japanese descent. Let's say there is a person (A) who settled in Brazil. If this (A) still obtains the Japanese nationality, and his/her child is born in Brazil, the child (B) is eligible to apply for the "Spouse or Child of Japanese National" status. If this child has a child (C) which is the grandchild of (A), (C) becomes eligible to apply for the Long Term status. On the other hand, if (A) gave up his/her Japanese citizenship when settling in Brazil, (A)'s status of residence will be the "Spouse or Child of Japanese National" status. In this case the child, (B) is the second generation of the Japanese descent and his/her status would become the Long Term residency. The same goes for (C) being the third generation of the Japanese descent. And a reminder, just because one is a husband or wife of a Japanese national does not mean they can obtain the "Spouse or Child of Japanese National" status. Let's say there is a male who is the second generation of the Japanese descent. His parents continued holding their Japanese nationality while living abroad. But being born overseas, he obtains the foreign citizenship instead of the Japanese citizenship. Now, if he decides to apply for a status to stay in Japan, he would fall under the "Spouse or Child of Japanese National". His wife and children (being the third generation of the Japanese descent ) would fall under the Long Term residency. Other conditions in which the applicant will fall under the Long Term residency is those who are under 20, single, and dependant on one who is a spouse of a Japanese national, or is a spouse of a Permanent residency holder. Those who are dependant on the children of the special Permanent residency holder, that is under 20, and single will also fall under the Permanent residency holder. Then comes the question of what status does the adopted children fall under. Among the adopted, those who are under 6, and is dependant on either a Japanese national, Permanent resident, or a Long Term or Special Permanent resident who has a visa for a year or more is eligible to apply. Also in a case where one is bringing up a child that is legitimated by a Japanese National can also apply for the Long Term residency. This was announced on July 30, 1996. One sample case would be (A) who was staying under the Entertainment Status. She fell in love with a Japanese man (B). Soon she became pregnant, and gave birth to (C) as a single mother. (B) legitimated the baby, but (A) is taking care of the child. The child can apply for the "Spouse or Child of Japanese National", but the mother (A) has no status to fall under. This is where she is saved by the announcement made on July 30, 1996 that those taking care or a child that is legitimated by a Japanese National can also apply for the Long Term residency. She has cleared the conditions for; 1.(A) and (C) are mother and child 2.(C)is under 20 and is single 3.(C) is the biological child of (B), and (B) acknowledges this fact 4.(A) has the parental authority of a the child (C) who is born between a Japanese national 5.(A) is bringing up and taking care of the child (C) who is born between a Japanese national As we have mentioned before there are various conditions in which one is permitted the Long Term residency, because it is a permission given by the Minister of Justice who judges that the applicant has a special reason for obtaining the status. That's what makes it complicated, and that's where we experts like Gyouseishoshi are needed. |
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