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Overseas misdemeanor charge and PR? 2017/11/18 02:55
So I have a good friend from the US that has been working and living here in Japan for a couple years longer than I have been. He has been talking with me about his situation. He is nervous about applying for Permanent Residency. I'm currently on a 3 year Spouse of Japanese National Visa, but he has the 5 year one.

From what I have been reading online, it seems that although immigration is able to and does overseas criminal background checks when someone applies for PR, I read that only serious crimes such as felonies show up in the international criminal background system? I read that only crimes with a possible jail time of 12 months or more will show up in the NCIC system, but I'm not sure if NCIC is even the same system that would be used and shared between the US and Japan.

So he isn't a terrorist, drug smuggler, wanted by Interpol, etc. I would rather not disclose the details, but I will say he has a misdemeanor charge (not conviction) and a state(not national) bench warrant for a failure to appear in court. He moved here to Japan to get married to his current Japanese wife, but he isn't sure whether to apply for PR or to just stay in the Spouse of Japanese National Visa.

I know another foreigner that has been here for like 10 years that obtained PR. He doesn't have a criminal record in Japan and overseas, but he mentioned that he never had to do any fingerprints but maybe the process for applying is a lot different now.

Is there anyone on here that has an overseas misdemeanor charge/conviction/minor criminal history that was able to obtain permanent residence in Japan?
by blondesurferboy  

Re: Overseas misdemeanor charge and PR? 2017/11/18 12:59
Considering the opposite - what the Japanese authorities record on the criminal record/clearance certificate (for other countries' reference), I've been told that what they leave on the record is anything with a final decision/judgement of a fine or more serious penalty. If that is what they consider "worthy" to take note for criminal record, I would not worry about anything "light."

BTW, my spouse went through the PR process (and now has it), but I don't think criminal record clearance was ever a part of it at all.
by ... (guest) rate this post as useful

Re: Overseas misdemeanor charge and PR? 2017/11/18 13:56
Well, if you don't mind me asking...does your wife have even any light misdemeanor charges/convictions on her record overseas?

If she indeed does and she still obtained PR, then there is a good chance I'm in the exact same situation as her.
by blondesurferboy rate this post as useful

Re: Overseas misdemeanor charge and PR? 2017/11/18 15:26
So I have a good friend from the US
there is a good chance I'm in the exact same situation as her.
so was it for a good friend or yourself..
you see small conflicting thing like this will red flag your/friend PR application.

PR is basically given if you satisfy the period of stays, paid your taxes/pension, have no trouble with the laws IN JAPAN and made substantial contribution to Japan.
by .. (guest) rate this post as useful

Re: Overseas misdemeanor charge and PR? 2017/11/18 15:29
Well, actually, no. My husband doesn't have any. I am just saying that I am not even aware of that check to be part of the PR process.

I have been told that in some countries when you've lived for an extended time outside their own country that upon applying for certain types of jobs, they ask for police clearance/criminal record certificate from that foreign country. Which leads me to assume that Japan might as well do that IF they consider it necessary as part of PR process. But we were never asked. So we assume that it is simply not part of the PR application review process. Maybe I am wrong. But in case of "spouse of Japanese national" to "PR," I would not worry.
by ... (guest) rate this post as useful

Re: Overseas misdemeanor charge and PR? 2017/11/18 17:36
Yes, I am indeed speaking about my friend. He is too paranoid to post about this online about himself, so I said I would just post and research more about it online for him.

Learning more about the laws and system in Japan is useful for me too since I also live here.

As for Japan, both of us have no criminal records. He was once in a a physical fight with a drunk Japanese man that attacked him one night in downtown Osaka. The police were called but my friend and the drunk Japanese man actually ended up shaking hands and forgiving each other to avoid serious problems with the police.

The police took some photos of the physical injuries but they weren't brought down to the station and they didn't need to provide any fingerprints or signatures, so luckily the incident didn't end up on his record.


by blondesurferboy rate this post as useful

Re: Overseas misdemeanor charge and PR? 2017/11/21 09:55
First of all, Japan cannot see criminal records without asking permission at court.
If the person is wanted or is flagged on passport than the information is already public and accessible by Japanese government. If your friend can travel without any problems than there is no record about his past.

The only thing what can happen if your friend is keeping being violence and make problems than he will be checked for sure, with permission of court. Once he has a PR and the Japanese immigration founds out that he has a criminal record there is a possibility his visa will be revoked.

Therefore, it is better for your friend to calm down and blend in with the rest instead of making fights.
by justmyday rate this post as useful

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