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VISA Q and A on FM COCOLO 76.5 MHz Getting a Permanent Residency after illegally overstaying On Aired Data: April 2, 2002 |
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Summary of the Aired Program |
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Client: An Asian male who was found illegally overstaying after his tourist visa expired. But six years ago he married a Japanese national and was granted the special permission to stay under the Spouse or Child of Japanese National status for three years. He has two children and works at a small factory. Case: He would like to apply for the Permanent Residency, and wants to know if his record of overstaying has any affect on the application. The first thing written in Article 22 of the Immigration Law is that one must have good conduct. It is the same for those who are applying for naturalization. "Good behavior" would definitely include not violating the law, and not being accused of anything while living in Japan. Of course, they must also be paying their taxes properly. Moving on to what kind of affect the illegal overstay can have on the Permanent Visa, overstaying is also violating the law. Overstaying is defined as those who did not apply for renewal or change of status before their previous visa expired. According to Article 24 of the Immigration Law, one who has illegally overstayed may be subject to deportation. Also according to Article 70 one who is charged of illegal overstay can be sentenced of imprisonment of up to 3 years or a fine of up to 300,000yen. Since our client has been illegally overstaying, he has violated the law, which makes it difficult for him to obtain the Permanent Residency. But after the immigrations found out that he was illegally overstaying, he was not subject to deportation, nor was he sentenced or fined. This is because the immigration law states that one "can be" or "may be" subject to deportation or sentenced in some way, not that it is always the case. After the client married a Japanese national, he reported to the immigration office and applied for the Special Permission of Stay and was granted the permission which allowed him to stay under the Spouse or Child of Japanese National status. And that he is currently legally staying in Japan, working hard at the factory, and that he is holding a 3-year visa, he might have a chance in obtaining the Permanent Residency if he asks the immigrations to consider his current condition rather than his conduct in the past. As we have mentioned before, there is an important meaning for one to be holding the 3-year visa. This is because the immigrations only issue it to those they consider are reliable. This client, having obtained the 3-year visa, is considered to be a reliable person according to the immigrations. Although at this point we can not determine if this person will definitely be able to obtain the Permanent Residency, we can say he has a high chance in getting permission. After all he is married to a Japanese, has Special Permission on staying in Japan, he has been staying in Japan for 6 years after obtaining that permission, he has two children, and is working hard at a factory. An advice for those who are interested in applying for the Permanent Residency is to visit the immigrations for consultation. When you do so be sure to bring your Alien Registration Card and passport and consult with them. If they consider you are qualified to apply for it, they will give you the documents you need. On the other hand if they think you aren't qualified they will ask you to come back in another year. There is nothing to be afraid of. |
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