Frequent Requests

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The case in which an overstay was apprehended after appearing at an Immigration Bureau.

Clients: Chinese man and His Japanese Spouse
Situation: Apprehended and Detained after appearing at an Immigration Bureau.

There was a request of assistance made by a Japanese woman and her husband from China who is overstaying. They told us that the overstaying husband had 3 part-time works to make their living because his wife suffered from an illness and could not work.

The husband actually is a graduate of a University in China with Bachelor Degree in Economics. But he became an illegal resident. It seems that a little trouble caused that. As he had no working visa he could not find an employment at an usual company although he had a skill and ability for a work. He worked whole day at a noodle restaurant.

Then they came to our office for consultations. The reason why they decided to apply for the Special Permission for Residence was “there would be no stable life in this situation and our family cannot be happy”.

We spent 2 hours to find out how he became an overstay and how they became a wife and a husband. Then we reached a conclusion that “Special Permission for Residence would be granted” on the basis of our experience. We accepted their request. It took only 2 days to prepare required documents because the Chinese-Speaking staff consulted them and they cooperated well, too. They went to an Immigration Bureau straight after that, and he was allowed to came home on the day. It was such a relief.

3 days later Itabashi Police contacted us. We were told the husband was interrogated while he was cycling. The police found out he was an overstay so arrested him.

We contacted the wife and asked her to come to our office as soon as possible after we had explanations in detail on how he was arrested from the police. We tried to calm her down explaining the situation, things to do next, and what procedure to take.

Despite the fact that he overstayed for 7 years he had never been interrogated. But he was apprehended 3 days after he appeared at an Immigration Bureau. But still there was a hope. The Special Permission for Residence was likely to be granted because he was arrested after he appeared at an Immigration Bureau. 2 weeks later he was transferred from Police to an Immigration Bureau. One of our staff went to visit him with his wife. He was haggard.

“How are you?” “Sir, it is too boring in here. Weird gossips going around as well… Still better than detained by Police though. But what is going to happen next?”

Our staff told him about a similar case with this. He told him a visa was granted in the case. He also told him how long it takes to get the result, what kind of procedures needed to be taken, and he is going to apply for Provisional Release although it is difficult. Then he said “Alright. I believe in you. I wait for a visa”. The staff and the wife left there after that.

Provisional release was applied later justifying the application by stating the wife was not well. But it was not approved. We collected detailed materials on the wife’s illness and lodged a plea explaining the situation. Then he was granted of the Special Permission for Residence and a regular visa earlier than usual.

Probably officers at an Immigration Bureau understood the argent situation and decided to process the application for the Special Permission for Residence by not releasing him rather than dragging the process by provisionally releasing him. This is nothing more than our speculation though.

The husband was granted of “Spouse or Child of Japanese National” visa. Now he is a president of a company using Mandarin, Japanese, and the knowledge in Trade.

The case in which an overstay was apprehended before appearing at an Immigration Bureau.

Clients: a Japanese man and his Chinese wife.
Situation: Apprehended just before lodging an application form for Marriage Registration. Special Permission for Residence and Special Permission for Landing applied.

It was autumn in 2005 when a Japanese man in hurry visited us for a consultation. He told us his fiancée from China was interrogated and arrested by Police. She was arrested on Thursday. Actually they were planning to lodge an application form for Marriage Registration on the next day, Friday. They even took a day off to do that.

We took a look at the documents. As he told us there were a completed application form for Marriage Registration and other required documents collected from China. They were ready to be lodged.

“Actually, I called up your office for consultation before. We were advised that “it is better to complete the registration as soon as possible if you are thinking about marriage”. But I was too busy with my work. We have let a chance to complete the registration slip away. Finally we decided to lodge the form and other documents on the date and I took a day off but… Police contacted me a little while a go”.

It was an accident. “If she was arrested just one more day later…” Generally speaking the Special Permission for Residence is not granted soon if Marriage Registration is completed after the arrest. We contacted a police station where she was detained. An officer said “it seemed there was no major problem other than Overstaying but we have just found a fake passport. I cannot say what we are going to do”.

Normally people with single offence of overstaying are transferred to an Immigration Bureau directly from a Police Station. But she had to appear at a court because she had a fake passport. She had suspended sentence.

Then she was transferred to an Immigration Bureau. But it is extremely difficult to obtain the Special Permission for Residence in this kind of situation.

We explained the situation to the husband. As the wife looked exhausted after 1 month of detention we recommended him that “why do you not accept the deportation and apply for a regular visa in a few years time?”. But he said “I want you to help me to apply for the Special Permission for Residence as long as there is a chance even though it is very small. Otherwise I would regret later for what I did not do”.

It is our policy to refuse requests for visa applications that are high likely to be rejected so we do not let our clients down. So we refused to apply for the Special Permission for Residence. But the husband visited us 3 days in a row and we had a talk. “Mr. OO. I do not want to let you down. So we cannot accept your request” “Please accept my request. It is alright for me even if the application is unsuccessful. I want to do whatever I can for my wife”

On the day we had a meeting and concluded “to accept the request”. Our conclusion was “even if the application was unsuccessful and she was deported we are responsibly going to support them until she comes back to Japan with a regular visa in a few years later”. Then we prepared necessary documents and applied for the Special Permission for Residence. But it was unsuccessful as we expected and she was deported.

Even after that the husband faithfully acted as we advised him. Despite the fact that his job is extremely busy he managed to spare time to contact the wife in China and visited her when there are few days holidays.

3 years later, “Certificate of Eligibility for Status of Residence” was issued on 3rd application and she could come to Japan with the Special Permission for Landing after granted of “Spouse or Child of Japanese National” visa.

Now they live in Japan. Sometimes they visit us. We heard they would have a child in near future.

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