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Don't want to leave Tokyo... 2009/11/9 23:43
Big problem.

I'm married to a Japanese national for a year, and have been living in Tokyo under the spousal visa. I have a part-time job as well as a number of private students.

However, my husband and I foresee a divorce... I don't want to divorce him because I don't want to leave Tokyo, so I know that if he did wave that in my face, I would be entitled to a hunk of change for a settlement should I eventually agree to it.

But the money really doesn't matter to me-- all I want to do is stay in Tokyo. I could enroll at a school, but I'd have to find the money to do so for four years. That would kill two birds with one stone-- I'd be finally getting a college degree, and I'd get a visa to stay in the country (plus a way to stay after I graduate, since I need a degree for most full-time jobs, anyhow). I could find a full-time job, but it's hard to do so without a college degree. I could divorce and go home and go to college and come back, but I've made a life and home here in Tokyo and I really don't want to uproot myself yet again, only to move again three to four years in the future.

I don't have a degree, but if my current employers agreed to sponsor me, would that be all I needed for a work visa? As far as I know, you need to have a four-year degree to be eligible, but I can't find any information to help me figure out my current situation. I'd ask an immigration lawyer, but can't pay for the consultation.

Does anybody here know anything about this? I'll take all the info I can get.

Thanks in advance :)
by Woefully Wed (guest)  

legal advice 2009/11/10 10:59
I'd suggest you talk to a lawyer to see what your legal options are. Free legal advice is available at many city halls and other associations around Tokyo, and free/cheap consultations are also available from the Tokyo Bar Association:

http://www.toben.or.jp/english/english_legal.html
by yllwsmrf rate this post as useful

I don't know ... 2009/11/10 11:52
.... but don't you have a spouse visa and / or permanent resident visa? That would solve most if not even all of your problems.

And, YES, I have to agree - get with some kind of legal service - despite what people might tell you here.

I had the same/similar problem a couple of years ago, however, was a permanent resident at that time already.

If there is anything I can help you with get with me klausdorth(at)web.de (replace the (at) with the @ mark.
by kulachan rate this post as useful

after expiry 2009/11/10 14:18
Once the spouse visa has expired though, she won't be able to renew it if she is divorced, she will have to change status or leave Japan, so that is what the question is about. For most work visas, the sponsor is not enough- either a bachelor's degree, or 3-10 years experience (depending on the field) is needed.

Just something I have noticed in your posts, kulachan- you often end with "get with me" and then your email address- I'm guessing you are not a native English speaker (German speaker?), but the expression "get with me" in English can have a meaning quite different to what I think you are trying to express- you might want to use a different phrase. Just a thought.
by Sira (guest) rate this post as useful

Soon As You Can 2009/11/10 14:42
I assume you have one year spouse visa and that visa will have to be converted to worker's visa.

Working visas can be issued for workers from companies that request them. Firms can sponsor foreigners to work for them in Japan by making the applications and stating that the foreign employees are essential to their business activities. The firm also has to explain why the jobs the foreigners will do cannot be done by a Japanese. In many cases, Japanese firms will meet the essence of the law by ambiguously listing the prospective employee's job category as something like "language consultant" or "translator," even if he or she will be making sales calls to foreign clients, designing software or whatever.

Alternatively you should consider "student visa" by enrolling in Temple University.

I have several American friends in Japan without a 4 degree in Japan.
by stanfordgal rate this post as useful

Yeah... 2009/11/10 17:03
I've only been here a year. We haven't decided on a divorce yet, so I'm due to renew my visa within the next few weeks, so I'll be able to have a three-year renewal time (hopefully).

Of course, I'd LOVE to enroll at Temple University, I definitely want a college degree, but the problem is money. I don't have the money to go to college right now. I'd be able to apply for FAFSA and get a couple of thousand a year, but what about the rest? If I made it big with a divorce settlement, I'd still probably only be set for a year or so. I doubt a Japanese bank is going to give a loan out to a foreigner.

If I were lucky, I'd be able to stay married for the next few years, switch to a long-term resident visa or a permanent resident visa and stay... but that's not likely, due to the fact that I doubt he would want to wait around that long to divorce me.

But if it's possible to get a working visa, I'll give that a shot. Thanks for the advice, as well as the link to free legal counsel. I really appreciate it! If anybody else has anything to add, please do!

by Woefully Wed (guest) rate this post as useful

partially correct 2009/11/10 17:42
Working visas can be issued for workers from companies that request them. Firms can sponsor foreigners to work for them in Japan by making the applications and stating that the foreign employees are essential to their business activities. The firm also has to explain why the jobs the foreigners will do cannot be done by a Japanese. In many cases, Japanese firms will meet the essence of the law by ambiguously listing the prospective employee's job category as something like "language consultant" or "translator," even if he or she will be making sales calls to foreign clients, designing software or whatever.

Be aware that this is only partially correct. As Sira states earlier, an employer to sponsor you is only half the equations. You will also need either a bachelor's degree or significant work experience in a related field (3-10 years depending on the job) to satisfy immigration requirements. Unfortunatly, unless you have teaching experience from your home country than this doesn't look like a viable option.

If I were lucky, I'd be able to stay married for the next few years, switch to a long-term resident visa or a permanent resident visa and stay... but that's not likely, due to the fact that I doubt he would want to wait around that long to divorce me.

Fyi, there a "long-term resident visa" doesn't exist, and a permanent resident visa requires at least 3 years of marriage and at least a year living in Japan. So, my guess is that your best bet may be to see if your husband would be willing to support you in renewing your spouse visa before you divorce. If it is extended for 3 years, then you may be able to accumulate enough work experience to satisfy the requirements for a work visa. But of course consult with a immigration lawyer to find out the exact details.
by yllwsmrf rate this post as useful

PR 2009/11/11 02:19
just FYI PR does not require 3 years of marriage/living in Japan. More than a few people have done it with 1 year.

It depends on how tied to Japan you appear to be.

In your case however I don't think they would give you PR even after 3 years because you seem to have absolutely no connection to Japan.

You'd better work on getting a student visa and the necessary funds.
by winterwolf rate this post as useful

Eh? 2009/11/12 00:05
Winterwolf, define "tied to Japan", please.
by Woefully Wed (guest) rate this post as useful

research all of your options 2009/11/12 00:18
see what their customs are in this matter. also. see if you can sit down with your husband and discuss other options that can save your marriage.
by spring189 rate this post as useful

winterwolf 2009/11/12 18:28
just FYI PR does not require 3 years of marriage/living in Japan. More than a few people have done it with 1 year.

Please read the post more carefully. You don't need to be married and in Japan for 3 years, rather you need to be married for 3 years, the last year of which spent in Japan.
by yllwsmrf rate this post as useful

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