Announcement

Collapse

The GaijinPot Forum Is Closed

Please join us on our new Facebook Group.
See more
See less

Top

Collapse

Working on a tourist visa

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Originally posted by Gordon View Post
    The COE may not be ready in time to send to me so I can apply for my visa before my flight. The employer is not a scam, it is a university, it is just the person in charge is doing this for the first time and I fear has taken too long to process this in time.
    As long as you dont have a COE in your hot little hand when you come, then you dont have a visa, period.

    You can not work legally until you get a COE or a valid visa stamp and I get the feeling you think because your start date is coming up that should give you the right to come here anyway.

    The tail wagging the dog basically.

    Comment


    • #17
      Actually you CAN work, but getting PAID is illegal. Does the employer also pay for flight and housing ? If yes, I'd come anyway and stay at the apartment until the visa is sorted out.

      Comment


      • #18
        Originally posted by xHime View Post
        Originally Posted by KansaiBen
        My advice would be to wait until you get your COE from the embassy and then enter Japan on that.
        Bad idea. A COE does not guarantee a visa, and is not a visa.
        KB knows the difference. However, once a person has the COE in hand, the visa itself comes naturally thereafter. It's only a formality.

        Your own advice about coming here as a tourist is precisely what the employer wants him to do. Plenty of scam artists out there willing to prey on unsuspecting people, then let them hang in the wind when they have overstayed a visa. Your own advice is not the best, xHime. But it's early morning and without my dose of caffeine, I find it hard to understand what you wrote.

        Comment


        • #19
          Originally posted by KansaiBen View Post
          As long as you dont have a COE in your hot little hand when you come, then you dont have a visa, period.

          You can not work legally until you get a COE or a valid visa stamp and I get the feeling you think because your start date is coming up that should give you the right to come here anyway.

          The tail wagging the dog basically.
          Even if he had a COE he wouldn't have a visa...COE doesn't guarantee a visa and you cannot enter the country on one, it's written at the bottom of it.

          Comment


          • #20
            Originally posted by xHime View Post
            Bad idea. A COE does not guarantee a visa, and is not a visa. It's written right on there. He's better off entering on a tourist waiver to begin with than have immigration wonder why he didn't take the two extra days to get his visa processed. It makes him look like he has intent to start working right away and either way they can't let him in as a tourist when he has a piece of paper saying he intends to work.
            what is a visa actually? Its basically permission to enter the country. It is cancelled and replaced with a Valid status of Period of Stay, with an expiry date. That is your actual "visa".

            If you come from US Australia or Canada etc you dont need to go to the embassy and get a visa stamp but are issued a tourist waiver that allows you into the country as a tourist for sightseeing. Some countries like China or Phillipines require people to get a tourist stamp from the embassy before coming here.

            A Certificate of Eligibility is an acknowledgement by immigration or a consulate that you qualify for the (work visa status) and they have completed the paperwork on your visa application. You dont need to go to the embassy to collect your actual work visa stamp but COE acts as a temporary proxy to your visa to show immigration you have legal visa status when you come here. Unless your visa application is fraudulent, or obtained under false pretence you should be issued a work visa after you arrive in Japan.

            If he has COE there is no need for him to come as a tourist or on a tourist waiver as he has a de facto resident status stamped in his passport.
            Last edited by KansaiBen; 2012-03-23, 03:58 PM.

            Comment


            • #21
              Originally posted by xHime View Post
              Even if he had a COE he wouldn't have a visa...COE doesn't guarantee a visa and you cannot enter the country on one, it's written at the bottom of it.
              Splitting hairs here. Only not guaranteed IF and ONLY if the visa application is shown to be fraudulent.


              The Certificate of Eligibility does not guarantee the issuance of the visa. The certificate means that the Ministry of Justice certifies that the foreign national meets the condition of landing (entering Japan): the activity which the foreign nationals wish to engage in Japan at the time of the landing examination is not fraudulent, and the activity is qualified to acquire status of residence that is stipulated in the Immigration Control Act, etc. Therefore, in the visa examination process, we do not examine the applicability of status of residence, but some other points such as the verification of the applicant's identity and the validity of his/ her passport. A visa will not be issued, if in the process of examination, it is found that the application does not meet the criteria of visa issuance, or it is determined that the Certificate of Eligibility was issued based on mistaken or fraudulent information.
              Last edited by KansaiBen; 2012-03-23, 03:48 PM.

              Comment


              • #22
                Originally posted by Gordon View Post
                The COE may not be ready in time to send to me so I can apply for my visa before my flight. The employer is not a scam, it is a university, it is just the person in charge is doing this for the first time and I fear has taken too long to process this in time.
                Since you won't have this when you come, you will have to get a roundtrip ticket, or some other proof that you are going to leave Japan. Airline usually won't let you on the plane otherwise.

                Comment


                • #23
                  Originally posted by KansaiBen View Post
                  My advice would be to wait until you get your COE from the embassy and then enter Japan on that.
                  COE's are not issued by an embassy. They are issued by immigration offices in Japan.
                  Originally posted by xHime View Post
                  A COE does not guarantee a visa, and is not a visa.
                  Correct.
                  Originally posted by xHime View Post
                  It's written right on there. He's better off entering on a tourist waiver to begin with than have immigration wonder why he didn't take the two extra days to get his visa processed. It makes him look like he has intent to start working right away and either way they can't let him in as a tourist when he has a piece of paper saying he intends to work.
                  Terrible advice.
                  Originally posted by KansaiBen View Post
                  As long as you dont have a COE in your hot little hand when you come, then you dont have a visa, period.
                  ='As long as you dont have a COE in your hot little hand when you come, have logged an application for the corresponding visa at a Japanese embassy or consulate abroad, then you dont have a visa,period.
                  Originally posted by Glenski View Post
                  However, once a person has the COE in hand, the visa itself comes naturally thereafter. It's only a formality.
                  I would say that's true, too. OP still needs to apply for his visa at a Japanese embassy or consulate abroad for the visa to be issued.
                  Originally posted by KansaiBen View Post
                  A Certificate of Eligibility is an acknowledgement by immigration or a consulate that you qualify for the (work visa status)
                  Correct. However: 'or a consulate' is incorrect. Issuing COE's has nothing to do with Japanese consulates.
                  Originally posted by KansaiBen View Post
                  You dont need to go to the embassy to collect your actual work visa stamp
                  Yes you do.
                  Originally posted by KansaiBen View Post
                  If he has COE...he has a de facto resident status stamped in his passport.
                  Where did that come from?

                  Do people know the difference between a COE, visa and status of residence and whether a COE is actually needed in the first place? Do people know who applies for COE's and who applies for visas and who issues them and who issues actual permission to enter the country?

                  Comment


                  • #24
                    Originally posted by me2
                    Originally Posted by KansaiBen
                    A Certificate of Eligibility is an acknowledgement by immigration or a consulate that you qualify for the (work visa status)
                    Correct. However: 'or a consulate' is incorrect. Issuing COE's has nothing to do with Japanese consulates.
                    Originally posted by me2
                    Quote Originally Posted by KansaiBen
                    You dont need to go to the embassy to collect your actual work visa stamp
                    Yes you do.
                    I think you people are trying to say the same thing, but you are mixing up the situation.
                    You can get the COE sent to you whether you are in Japan or not, and depending on where you are, you will have to bring it to immigration or an embassy/consulate for processing.

                    Comment


                    • #25
                      Originally posted by Glenski View Post
                      I think you people are trying to say the same thing, but you are mixing up the situation.
                      You can get the COE sent to you whether you are in Japan or not, and depending on where you are, you will have to bring it to immigration or an embassy/consulate for processing.
                      Yes I know - I was using the OP's situation as a point of reference. He is overseas so the advice in this thread about what to do and where to go...come to Japan on a tourist visa 'you'll be right' attitude is all over the place.
                      Quite frankly, the OP knew there was a COE application in the works but he went and bought plane tickets without it being issued in time. Lesson learned, perhaps.
                      Originally posted by KansaiBen View Post
                      My advice would be to wait until you get your COE from the embassy and then enter Japan on that.
                      Originally posted by KansaiBen View Post
                      You dont need to go to the embassy to collect your actual work visa stamp
                      These two contradict each other. My point was its important to know where you are in the world in relation to what you need to do to get your visa issued.
                      Originally posted by KansaiBen View Post
                      If he has COE there is no need for him to come as a tourist or on a tourist waiver as he has a de facto resident status stamped in his passport.
                      Because he submitted the COE and passport to an embassy/consulate abroad and applied for the visa.
                      I know what you're saying, Glenski, but sometimes the advice is all over the map.

                      Comment


                      • #26
                        Originally posted by ttokyo View Post
                        Actually you CAN work, but getting PAID is illegal.
                        Is there specific documentation on this anywhere? All I've seen on the Ministry of Foreign Affairs site and the US Consulate in Japan site is that:

                        1. It's legal to stay in Japan for business
                        2. It's illegal to work/get paid here.

                        In the scenario that a Japanese company contracts with an American company to have someone work on-site in Japan, but get paid in the US, are there additional legal hoops to jump through? Is this one of those things that's purposely vague in Japanese law, or is it all documented (in Japanese) somewhere?

                        Thanks.

                        Comment


                        • #27
                          Originally posted by meiji View Post
                          Is there specific documentation on this anywhere? All I've seen on the Ministry of Foreign Affairs site and the US Consulate in Japan site is that:

                          1. It's legal to stay in Japan for business
                          2. It's illegal to work/get paid here.

                          In the scenario that a Japanese company contracts with an American company to have someone work on-site in Japan, but get paid in the US, are there additional legal hoops to jump through? Is this one of those things that's purposely vague in Japanese law, or is it all documented (in Japanese) somewhere?

                          Thanks.
                          There is no way to work on a tourist Visa, It is illegal and if caught a person can be a) deported b) put in jail and finally deported.
                          However, in your scenario "if a Japanese company contracts with an American company to have someone work on-site in Japan, but get paid in the US". Then that Ja@anese company should make all arrangements and get the workers required paperwork for them. If anyone / a company says to you, "it`s ok to work on a tourist visa" - run

                          Comment


                          • #28
                            Originally posted by meiji View Post
                            Is there specific documentation on this anywhere? All I've seen on the Ministry of Foreign Affairs site and the US Consulate in Japan site is that:

                            1. It's legal to stay in Japan for business
                            2. It's illegal to work/get paid here.

                            In the scenario that a Japanese company contracts with an American company to have someone work on-site in Japan, but get paid in the US, are there additional legal hoops to jump through? Is this one of those things that's purposely vague in Japanese law, or is it all documented (in Japanese) somewhere?

                            Thanks.
                            I'm just conveying what our HR lady had received as info from immigration. This is more detailled than the general advice from the consulate.
                            This situation situation would be similar to people who come over for business trips which is quite common. So e.g. if the company purchased software or machinery from the US and it needs to be set up by someone, the 90-day tourist visa should be enough. But the visa itself is limited to 90 days and thus it's not possible to do this long-term. I found this on a non-immigration site : (http://www.fragomen.com/newsresource...tailFrag.aspx?... )

                            "BUSINESS VISITORS

                            Business Visit Defined – A gbusiness visith is generally a short-term trip taken to conduct business activities for which work authorization is not required in the destination country. Once a foreign national requires work authorization, he or she is no longer considered a gbusiness visitorh from an immigration perspective, even though he or she may be making a very short gvisith to a country for what he or she considers to be gbusinessh purposes.

                            Allowable Activities – In Japan, business visitors must generally limit their activities to the following:

                            Attending business meetings or discussions
                            Negotiating or signing contracts
                            Conducting market research or surveys
                            Providing service for machinery, computer software or equipment imported into Japan, provided it is on a post-sales, contractual basis
                            Touring or inspecting factories or other facilities

                            If a business trip, even if very brief, will involve activities other than those outlined above, a work permit and visa will typically be required. However, there may be differences between activities permitted by law and those allowed in practice. Additionally, even when activities are limited to those listed above, if the foreign national will generate profit for the host entity, receive compensation from the host entity, or take direction from the host entity, a work permit may be required. Accordingly, it should not be assumed from the list above alone that a business visit is or is not sufficient for a given case. Please contact your immigration professional to confirm requirements for your case. "

                            Comment


                            • #29
                              Originally posted by ttokyo View Post
                              I'm just conveying what our HR lady had received as info from immigration. This is more detailled than the general advice from the consulate.
                              Cool, that answers my question. Thanks!

                              Comment

                              Working...
                              X