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uΠΜα€Ol―mΜ₯v July 18, 2002 |
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As always on every first and third Tuesday of the month, we'll talk about immigration related issues in this part of our program. And now we'll bring you what Mr. Nakano and I had discussed two weeks ago in English. A thirty year-old Korean resident in Japan sent us an email, asking for advice regarding the procedures for getting married in Japan. He wants to get married with a twenty-three year-old Russian, who became his girlfriend when she worked as a dancer during her previous stay in Japan. She went back to Russia after finishing her contract, and is presently back in Japan for a three-month show under the entertainer visa. So he wishes to marry her while she is still in Japan. Look at the keys; we see that it involves a couple of different nationalities. So, the issue here is which country's law we apply to their marriage. The so-called "Jun- kyo Ho" means the law of the country that applies for a particular case. For instance, a marriage between a Japanese national and a foreigner, or a marriage between two foreign nationals in Japan. Now, the issue regarding which country's law should apply for a particular case is defined by "Horei," in English, the law on the applicability of laws in general. Simply saying, the Horei distinguishes a case and defines the Jun-kyo Ho. Horei in Japan came into effect in 1898, establishing the basic principles for the application of laws. It complies rules concerning the date of execution of laws, rules concerning the validation of customary law, and rules of private international law. Effects of marriage are defined under article fourteenth, which states that the law of the home country shall to bring if the husband and wife are of the same nationality. If the couple has different nationalities but is residing for a long time in the same country, and that country is acknowledged as their Jokyosho-chi, the law of the same country applies. And if the two cases mentioned are not applicable to the concerned couple, like the couple has different nationalities but are residing at different countries, the law of the country to which the couple comes in contact, or are most closely related, shall to bring. Now, we need to define the meaning of Jokyosho-chi. Jokyosho-chi means the declared place of residency, provided that the concerned must have resided in a set place for quite a time. To prove one's residency, Japanese nationals would need only their residence registration, the Jumin-Toroku, but for foreigners, it is not that simple because the required time span of stay before one can declare Japan as their Jokyosho-chi is not clearly defined by the law. In general, Japan can be regarded as the concerned Jokyosho-chi when the foreigner has lived in Japan for at least five years or more, or when a foreigner who is a spouse of Japanese national or permanent resident has lived in Japan for more than one year. So before declaring Japan as your Jokyosho-chi, or place of residency, it may be best to seek advice from the officials of the municipal office. Now, if a foreigner is a holder of the tourist visa or entertainment visa, they will never be allowed declaring Japan as his or her residence regardless of the period of stay. Just in passing, Koreans residing in Japan are permitted to state Japan as their Jokyosho-chi. Going back to our case today, neither the first nor the second case stated under article fourteenth applies to our listener. So obviously, the third case applies. And considering the situation our listener and his girlfriend are in, Japan's law may be the best, as they are both of different nationality, they developed their relationship in Japan, and our Korean listener is a permanent resident of Japan. Of course, their marriage could also be governed by the laws of their respective country if they opted to do so. In such a case, they have to submit their marriage certificate to their respective embassy or consulate to have their marriage registered in their respective country. Now, if they opted to be married in Japan, they would need to prepare several documents. Horei article thirteen, clause one, states that the law of each of the party's respective country shall govern the requirements for an effective marriage. So to be married in Japan legally, they would need to submit the Kekkon Yoken Gubi Shomeisho, or the certificate of legal capacity to marry, issued by embassy or consulate of each respective country after being proven that they are single and are of legal age to marry. The couple to be married must also provide a certificate of family register, or Koseki-Tohon in Japanese, or an equivalent certificate. If the certificates are written in each country's national language, a Japanese translation must be provided. Now, Horei article thirteen, clause two, speaks that the law of the place where the marriage will take place shall govern the formalities of the marriage. So having prepared the documents required by the law-governing marriage in Japan, the couple must fill up the marriage contract or Kon'in-Todoke, available in any municipal office, and submit it to the local municipal office, where one of the couple is a registered resident. The municipal office in turn will issue a certificate of registration of the marriage contract, or Kon'in-Todoke Juri Shomeisho in Japanese. The next step to do is to submit the Kon'in-Todoke Juri Shomeisho to their respective embassy or consulate, and have their marriage registered in their respective country. Otherwise, they will still be regarded a single in their marital status in their home country. On the other hand, Horei article thirteen, clause three, states that the formalities of the marriage governed by the law of the home country of one of the parties shall be effective notwithstanding the law of the place where the marriage takes place. This means that the couple of different nationality can get married in Japan following the formalities required by the law of either of the concerned country. So our listener who is a Korean could request the Korean embassy or consulate in Japan to endorse their marriage in accord to the law of the country. Or they could go to the Russian embassy or consulate in Japan, as his girlfriend is a Russian. However, if they choose to get married in one of the party's home countries, article thirteen, clause two and three, apply. After getting married in Japan, our listener's wife needs to apply for a change of residence status. Since our listener is a holder of the permanent resident status, his wife should apply for the residence status of spouse or child of a permanent resident, or Eijyusha no Haigusha Tou in Japanese. Now, should his wife return to Russia for the time being because she is still under contract with her promoter even after their marriage? Our listener must attend to the application for eligibility, or Zairyu-Shikaku Nintei-Shomeisho Kofu-Tetsuzuki in Japanese. After obtaining the certificate of eligibility of marriage, or Kekkon Yoken Gubi Shomeisho in Japanese, he must send the certificate to his wife, so she can submit it to the Japanese embassy in Russia on her application for the residence status of spouse or child of a permanent resident to allow her return to Japan. To apply for the residence status of spouse or child of a permanent resident, or certificate of eligibility, the spouse of this permanent resident in Japan must prepare the following documents: a certificate of registration of the marriage contract, Kon'in-Todoke Juri Shomeisho. This certificate is issued after you submit to the municipal office the form for registry of the marriage contract, or Kon'in- Todoke. A certificate of family register, Koseki-Tohon: a certificate of alien registration, Gaikokujin Toroku Kisai-Jiko Shomeisho: a certificate of employment, Zaishoku Shomeisho: a certificate of payment of residence tax, Juminzei Nozei Shomeisho: a certificate of withholding tax, Gensen Choshu-Hyo: a copy of personal reference, Mimoto Shomeisho, since the spouse must serve as a guarantor: and a guarantee letter. We remind you that the Immigration Bureau might require additional documents for proving the credibility of the marriage, that the marriage is neither a forge nor a marriage of convenience. So pictures of the marriage ceremony or pictures of the couple in their daily lives, or of each party's relatives, should be helpful. It is advised to inquire at the Immigration Bureau for details before submission as the required documents may vary in accord to each case. You may also consult the immigration specialist, like Mr. Nakano. You can call Mr. Nakano's office at 0663540900, or send him a fax at 0663543930. Your inquiries are also welcome to the Tinig Pinoy program. Send in your fax at 0666157651, or email at pinoy@cocolo.co.jp. |
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