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  • Overstay

    I have a friend who is having a few visa problems. His name is Hafid and is from Tunisia. He is staying in Japan on a tourist visa, it will expire on January 19th. He is working at a bar (illegally of course), he does this to make ends meet and help his mother in Tunisia who is suffering from Luekaemia and needs a bone marrow transplant. This is not available from Tunisia's health service.

    The average salary in Tunisia is Y100 000 in Japanese money, so going back home is not an option.

    I have a few questions.

    1) What will be the consequences if Hafid overstays on his visa?
    2) Would there be any consequences for me in helping him, for example this month we are sharing an appartment?
    3)Is it possible to renew a tourist visa?
    4)Is it possible to find a company to sponsor him?
    5)Is it possible for him to self sponsor if for example he found himself 25 students for french lessons?
    6)Do you have any ideas/recommendations for Hafid?

  • #2
    Do not overstay, or recommend overstay.

    1) Arrest, jail, fine, deportation, blacklisted for 10 years. Japan will apply its own laws irrespective of reason for overstay.
    2) He will be interrogated and asked how he lived in Japan, where he earned his money, and with whom.
    3) it is probably not a tourist visa (no such thing), but a visa exemption/ waiver. Maximum time is 3 months or less. Renewal is unlikely, and evidence of funds would be required.
    4) Doing what? What is he qualified to do?Does he have a degree? He must comply with Immigration rules for issue of a working visa.
    5) He should be qualified for a working visa first - see 4).
    6) Get out to Seoul or HK, and return after a few days. But see 3).

    Comment


    • #3
      thanks trip_hop

      Can I be a bit more specific about a 2 of my questions?

      A) Ok, so if he is interrogated and it turns out that I have been letting him stay at my appartment, what will happen to me? How about the scenario of him living in my appartment and my 'not knowing' he was on overstay?
      B) Lets say he goes to HK,could he just cruise through passport control and return as a temporary visitor? I heard its possible to do this, but Hafid said he did it 1 time before and was given the 3rd degree when he tried to return, possibly as discrimination.

      Comment


      • #4
        one more question

        C)Hafid says he has stayed for 9 months as a tourist, sounds like this is not possible, what do you think he means?

        Comment


        • #5
          A - Who knows? Depends on the mood of the police. Maybe some questioning to you about how much you know about him, maybe nothing. But some anecdotal evidence that if you ever applied for PR status, it could count against you.

          For a few months this year they were running the illegal foreigner campaign, with big banners in the main Tokyo stations. Seems to have cooled down now.

          B - he should expect the third degree again - what are you doing here? how can you afford to stay? etc..

          C -1 x initial visa exemption plus 2 x 3 months of visa runs = 9 months.

          Comment


          • #6
            I Am A Permanent Resident!!

            AAAH! Trip_hop, I am a permanent resident, what do you mean?

            Comment


            • #7
              a question..

              I have been in Japan for 5 and a half years, am I automatically a permanent resident??

              Comment


              • #8
                No problem if you are already PR, but there are some anecdotal accounts of people who have had "trouble" with the police in the past being denied PR status, when all other factors on their application seemed OK.

                Japan is going through one of its periodic phases of less tolerance towards foreigners, using terrorism and crime as two of the main drivers for inciting hysteria in the J-press. You may have noticed that the so-called accord on labour with the Philippines has not gone through, after the ballyhoo of its initial signing, as various committees wanted to study the numbers again. Business as usual in Nagatacho and Shinjuku!

                Comment


                • #9
                  NO, PR is not automatically granted. Friends of mine have been here 15 years, and just keep renewing their 3 year work visa.

                  You have to apply for it, after a qualifying period, generally agreed as 5 years if married to Japanese, 10 years if not. Many other threads deal with PR status, which is not a visa, as well as Motoko Kuroda's Japanese Visa Handbook, "from tourist to permanent resident"

                  Comment


                  • #10
                    Thanks !!

                    Fantastic trip_hop thats great!! Thanks for your advise......I'm off to cruise this forum and look into permanent residency!!!

                    Comment


                    • #11
                      sorry! one more question..

                      You say that no doubt Hafid will get a grilling when he comes back from HK....but are they likely to refuse him entry??? Say for example if he can sucessfully answer their questions...'I'm visiting friends\I'm using my savings and staying with friends'

                      Comment


                      • #12
                        Case-by-case.

                        It is up to the individual Immigration officer.

                        Personal Savings? May need to demonstrate some evidence of them.
                        Friends' addresses. May need to supply them, and they may be verified.

                        Comment


                        • #13
                          thanks trip_hop

                          can I ask a couple more questions?

                          I heard a couple rumours...

                          1) An overstay person can avoid jail and punsihment by reporting themselves to immigration. Just go to the immigration office, apologise and tell them you have overstayed your visa, in which case they will be more lenient with you.

                          2) An overstay person can go to their embassy and receive protection from Japanese law. For example I am British, if I was in an overstay position my emabssy would stop the Japanese authorities from sending me to jail. I would be dealt with by British law.

                          Are these rumours true??

                          Comment


                          • #14
                            getting a working visa ....quickly!

                            I understand that it takes about one month to get a working visa (assuming you have a degree, and someone offering you a valid employment contract).

                            My friend's visa ends in 2 weeks - In this case, if he applied for a working visa would the autorities allow him to wait one month for it, I mean would they allow him to stay for the one month until the visa came? Or would they 'just say no'?

                            Comment


                            • #15
                              Originally posted by Kain
                              can I ask a couple more questions?

                              I heard a couple rumours...

                              1) An overstay person can avoid jail and punsihment by reporting themselves to immigration. Just go to the immigration office, apologise and tell them you have overstayed your visa, in which case they will be more lenient with you.
                              ?
                              You can do that, but you will still be here illegally. Dont expect the immigration to be any less sympathetic becuase you turn yourself in. They still have the right to detain you and then arrange for your deportation. Much better there than at the airport when you are on your way out of the country. 2 students last year spent 5 days in jail after they overshot their visa by about 3 days, before they were hustled out of the country. Dont believe everything you hear as barnyard gossip.



                              Originally posted by Kain
                              can I ask a couple more questions?
                              2) An overstay person can go to their embassy and receive protection from Japanese law. For example I am British, if I was in an overstay position my emabssy would stop the Japanese authorities from sending me to jail. I would be dealt with by British law.

                              Are these rumours true??
                              The embassy can not interfere if you have gotten arrested and broken the law. They can contact your family, make sure you are well treated but can not obstruct justice when you get arrested. You can only be treated by British law if you are actually sent back to the UK. The British embassy is British territory but they have to observe Japanese laws in Japan and only diplomats get diplomatic immunity.

                              Comment

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