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Can COE employer take away residency or cause other problems?

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  • Can COE employer take away residency or cause other problems?

    Hi all,

    Got a job offer and a COE, made arrangements and entered Japan a few weeks ago about a month ahead of the job training start date. Had to enter a bit earlier due to the 3 month visa window of "landing". Received my residency card at the airport, stayed at a hotel and started looking around a bit and then had to return to the US for an unexpected family emergency that will make it impossible to attend the training dates...

    I have asked my employer if I can start work with them at a later time, and that I now have the residency card so from an immigration standpoint it should be no problem. They basically said "maybe" and then asked me to send them a copy of my residency card. is this normal?

    Is this just so that they know I am actually eligible to re-enter and work or can they cancel it or cause problems with me re-entering Japan later? I do plan on working for them later as long as they can re-schedule the training and that works out for both of us, but if for some reason they will no longer employ me, I want to make sure that I will not have any issues entering on this residency card and finding other work.

    thanks for any help/info/advice,
    D

  • #2
    Employers don't issue residency cards, nor can they invalidate them.

    Does your employer know why you had to return home?

    Comment


    • #3
      *wonders how many times Glenski will answer the same question*

      Comment


      • #4
        hml,
        Depends on how many times it's asked.

        Oh, God! The floodgates just opened wider!

        Comment


        • #5
          Originally posted by dsim View Post
          Got a job offer and a COE, made arrangements and entered Japan a few weeks ago about a month ahead of the job training start date. Had to enter a bit earlier due to the 3 month visa window of "landing". Received my residency card at the airport, stayed at a hotel and started looking around a bit and then had to return to the US for an unexpected family emergency that will make it impossible to attend the training dates...

          I have asked my employer if I can start work with them at a later time, and that I now have the residency card so from an immigration standpoint it should be no problem. They basically said "maybe" and then asked me to send them a copy of my residency card. is this normal?

          Is this just so that they know I am actually eligible to re-enter and work or can they cancel it or cause problems with me re-entering Japan later? I do plan on working for them later as long as they can re-schedule the training and that works out for both of us, but if for some reason they will no longer employ me, I want to make sure that I will not have any issues entering on this residency card and finding other work.
          [rant]Cases like this is why more and more employers ask that 'applicants must already reside in Japan'. [/rant]
          Your case is a bit unusual, the residence card was issued under the assumption that you stay in Japan 'mid-term' and will start employment on a specific date. If you don't take the job (or they fire you), you would have to notify immigration within two weeks of your change in status AND of your new address :
          "Cases when notification to the Regional Immigration Bureau is required In the following cases 1-3, notification to a nearby Regional Immigration Bureau that gives examination of residency within 14 days after the change needs to be made.... In case of change in the organization he/she belongs to ... In case of new address or change of address A mid- to long-term resident needs to notify his/her address at the competent municipal office within 14 days of the date when he/she decided on the address. The same case applies when he/she changes the address thereafter. ... For mid- to long term residents, if you don’t notify the new address within 90 days of departure from the address, it constitutes the ground of cancellation of the resident status. But if you have a legitimate reason not to give notification, it will not be cancelled. .. .If those who need to give notification concerning change of the mother organization ...se don’t give notification within 14 days of the event may be subject to a fine not exceeding 200,000 yen."
          "IIf those who are the mid- to long-term residents with the resident status prescribed in article 19-16 (1) or (2) of the revised Immigration Control and Refugee Recognition Act retire from the work place or get discharged, please give notification to their name, date of birth, sex, nationality/region, address, residence card number, the date of retirement/discharge, and the name and address of the company by appearing at the Regional Immigration Bureau or sending the notification by mail to the following address...."
          www.immi-moj.go.jp/newimmiact_1/en/index.html

          Not sure what the employer wants with a copy (not original) of the card. They might want to see how they can easily change your job terms or they might want to see the details to report you to immigration and have it cancelled.

          Comment


          • #6
            Thanks all, glenski, yes, we have told them why we had to leave suddenly (family emergency) and they said "we will see if we will have something for you once your ready, can you send us a copy of your residency card?"

            just worried a bit, and glenski says "Employers don't issue residency cards, nor can they invalidate them." but ttokyo says "report you to immigration and have it cancelled".

            In regards to the quotes above, and the stuff on the official site, I don't feel like I fit neatly into any of it... what is my status if i am going to be starting work.. at some point? and i dont really have an address to register since i havent decided where i will live...

            i know, kinda an odd situation perhaps... thanks.

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            • #7
              anyone have anything further on this? i will be sending them a copy of the card shortly unless there are compelling reasons not to, thanks.

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              • #8
                Employer has his own reasons for seeing the card. Maybe they just want to confirm where you live to be sure that upon your return you are serious about working for them. Weird, I know, bu without further info, we're open to speculation.

                Again, employers don't invalidate your visa. They can contact immigration, yes, and tell them they no longer want to sponsor the visa, but it would be up to immigration to decide whether to cancel your visa. It's not a sure thing.

                Any more details on your negotiations?

                Comment


                • #9
                  ok, thanks for the addional ideas, and yes it is quite a bit of speculation, but just trying to get a better idea, no additional details for now. I did speak with someone at immigration about this, and they didnt say anything concrete, but that with the residency card you are allowed to leave for up to 1 year, (but that they might really start to look at it if your gone for more than 6 months..) and there is no way that you would still actively be employed if you were gone for that long. there are rules about being without work for 3 months then they can take it away, but they really only seem to apply if you are actually in the country.

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