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Can I appeal a denied working visa? 2018/12/10 22:24
I would like to ask for advice regarding my situation. I am on a student visa, and I got a job as a restaurant staff at an international hotel in Hokkaido, after graduating from a Japanese language school last September. I have worked as an English conversational teacher in Manila for 6 years before studying here. We applied for category 8 visa- Specialist in Humanities and International Relations, but my company did not send in documents from their end when I applied for the visa. I got a letter from immigration about 2 weeks after asking for company documents such as details of my job and schedule, and information about the hotel. After a week more of waiting, I got this letter in the mail asking me to go to counter C of Shinagawa immigration where they explained that my application was rejected because the job description doesn't match the visa I am applying for (translator visa). She said in Japanese Ɩ̓eڂ". Then I was given a paper that says I can file an action to annul the "disposition to reject (my) application". I have to file an action within 6 months from today, it states. What does it mean, and what can we do about it? Do we have to pass just one piece of document explaining more about how my position matches the visa type, or do I have to re-apply all over again? Does it mean that my application has already been denied?

Thank you so much for your assistance.
by J0188 (guest)  

Re: Can I appeal a denied working visa? 2018/12/11 15:23
I am confused.
What is your current visa? Student?
But you already left school in September...?
What are you doing now? What is your status?
The job in the hotel is cooking? Right? So why would you apply for a humanities visa? If anything youfd need a visa as a chef. But do you qualify for it? What is your experience as a chef?
Or are you planning on teaching English? (Because you mentioned your English teaching experience so I am confused why youfd mention that). In an other part if your post you mention translation. ???

It somehow all doesnft make sense to me. And probably to immigration neither.
by LikeBike (guest) rate this post as useful

Re: Can I appeal a denied working visa? 2018/12/11 15:30
I entered Japan on a student visa and was hired by the company as restaurant staff shortly before I graduated from language school. I am not working now as I am not allowed to on a student visa. The visa we applied for is category 8 Specialist in Humanities and International thingy. As Japan doesn't have a visa for restaurant staff, I know that this visa is what is usually given, so we applied for it. But immigration denied my application saying that the job doesn't match the visa. I want to know if any of you have experienced this because she said that I still have time left on my current residence card, and the other paper confuses me. The paper states that we can file an action to "annul" their "disposition to reject my application". Please advise on what could be done. I have already informed my employer and am planning to consult with an immigration lawyer for my peace of mind. Thank you for replying.
by J0188 (guest) rate this post as useful

Re: Can I appeal a denied working visa? 2018/12/11 15:38
The way I read it, the employer wanted to hire the OP for bilingual ability at a restaurant/hotel (probably language assistant and not quite a translator/interpreter) but did not provide enough information about why his language skills were relevant to the job.
by ... (guest) rate this post as useful

Re: Can I appeal a denied working visa? 2018/12/11 15:40
Yes, that's exactly what the officer said. She also hinted that that's the only problem with my application. I just want to hear about similar experiences to give me hope. I don't want to go home. Thanks for your reply.
by J0188 (guest) rate this post as useful

Re: Can I appeal a denied working visa? 2018/12/11 15:43
As the person at immigration stated. They check if the category fit which you apply matches your job. And cooking vs humanities just doesnft relate at all.

There is a visa type specifically for cooks ( and other professions): http://www.japanvisa.com/visas/japan-skilled-labor-visa

But do you qualify?

You are saying that you want to explain to immigration better how your application and job relate to each other. What are you planning to explain to them? I am still totally at a loss why you applied for the humanities category. Only because your friends working in something else applied for it?

Your idea of consulting an immigration lawyer is a very good one. She/he will be able to explain you what to do.
by LikeBike (guest) rate this post as useful

Re: Can I appeal a denied working visa? 2018/12/11 15:58
No, not from my friends, from forums and articles on the net, that visa category acts as an umbrella for other work types that can't be categorized, so to quote. That's why we applied for it. I am fluent in English, and has N3 certification. Since it's an international hotel, they want me to work as hall staff (waitress). Immigration said that if I will be working as a receptionist, it could've worked. She said that my job description is just an outline, and they would like to see a more detailed description of my duties to see if I could be granted a visa. I want to know if you think there is still hope for me (as this hopeful feeling I have about the officer's words might be subjective), if anybody has received the same document, and what did you do? I am an overthinker, and I have checked all sites I could, including the Japanese immigration site before the application to make sure that my application will go smooth. I am also Filipino, and am fully aware of how strict the Japanese government could be on us so you have to know that try and make every move as carefully as I could. I read an article from an immigration law firm that says that employers are sometimes not aware that job and visa mismatch could lead to a denial which sounds like what happened with my case. Hearing about how somebody else's experience will help a lot with helping me clear my mind. Thanks, all!
by J0188 (guest) rate this post as useful

Re: Can I appeal a denied working visa? 2018/12/11 18:59
No direct experience, but this is as far as I know.

Is it the hotel or the restaurant (tenant in a hotel, let's say) that is hiring you? Your employer needs to be understand that there is no work visa category specifically for "waiter/waitresses," so a waitress with a bit of extra language ability might not suffice.

If you are going to be hired as a bilingual hotel staff, let's say doing the receptionist (at check-in desk I mean), or concierge, catering to both local and overseas visitors/guests in an international hotel, you will be providing language-related services for them, and IF you have some experience already in the hospitality business, that would be a big plus. Your employer needs to describe in details what your job entails (and you need to be sure they relate to your language abilities). Best wishes.
by ... (guest) rate this post as useful

Re: Can I appeal a denied working visa? 2018/12/11 19:14
It is the hotel, they own all the restaurants as far as I know. I'm pretty sure that the rest of the staff working in the same department holds the same type of visa (except for the chefs I guess). It could all just be because of the phrasing of the document. I read that the actual wording of the documents could make or break an application. I do understand what you're saying though, I thought of that, too, but I unfortunately wasn't hired to work the front desk. I guess immigration has gotten stricter with handing out this type of visa now. Thank you for your reply. :)
by J@018 (guest) rate this post as useful

Re: Can I appeal a denied working visa? 2018/12/11 19:48
It is absolutely not true that Specialist in Humanities/International Service "acts as an umbrella for other work types that can't be categorized". It, like all other "work visa" types, has a precise definition of jobs that are allowed. If your job doesn't fit, you don't get it.
by ... (guest) rate this post as useful

Re: Can I appeal a denied working visa? 2018/12/11 21:17
Thanks for that clarification. I do know that about Japanese visas of course, but my statement was mainly based on people I know who work different types of jobs that don't fall under any type of visa category available in Japan, but are here because they applied for that visa type. And for me, that article's statement makese sense. The point of my post is not to argue about facts. I have been denied a visa, and would just like to hear other people's similar experiences. I am fully aware of what types of Japanese visas there are, the requirements-everything. I trusted that the company knew what they were doing so I didn't say anything even though I noticed that my position and the visa type somehow don't match when I applied for my visa. Guess it's too late to dwell on that now.
by J@O18 (guest) rate this post as useful

Re: Can I appeal a denied working visa? 2018/12/12 15:27
As the person at immigration stated. They check if the category fit which you apply matches your job. And cooking vs humanities just doesnft relate at all.

There is a visa type specifically for cooks ( and other professions): https://www.allicdata.com

But do you qualify?

You are saying that you want to explain to immigration better how your application and job relate to each other. What are you planning to explain to them? I am still totally at a loss why you applied for the humanities category. Only because your friends working in something else applied for it?

Your idea of consulting an immigration lawyer is a very good one. She/he will be able to explain you what to do.
by kuqizz rate this post as useful

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