The immigration man

If you're a foreigner living in Japan you know all about the bureaucratic headaches and paperwork it takes to come to and live here. This month KS speaks with Solicitor Daigo Sekimoto, an experienced immigration lawyer, to help clarify what legal services are available to foreigners who reside in this country.

KS: Hello Sekimoto-san. I understand that you're an immigration lawyer.

SDS: Yes, I have a gyousei-syoshi license. Gyousei-syoshi is the Japanese for solicitor. In the UK, there are two types of lawyers, a solicitor and a barrister. A barrister can sue and accuse on behalf of clients, but a solicitor cannot do that, only preparing legal papers.

On other hand in Japan, there are so many kinds of lawyers. Those licenses are called bengo-shi, shi-hou-syoshi, gyouseisyoshi, benri-shi, tochi-kaoku-chousa-shi, fudousan-kantei-shi, syakai-hoken-roumu-shi, and so on. Each specializes in different areas or procedures. Sometimes, I am called bengo-shi by some foreign nationals who live in Japan. But, I'm not a bengo-shi. Bengo-shi is usually translated as lawyer in English, but the real situation is not so simple.

What does a gyousei-syoshi do?

I think gyousei-syoshi is very close to a British solicitor, which is able to make legal documents and submit them for clients. This legal documents include administrative application forms such as business licenses, official reports about business and social security, domicile registration, immigration procedures and so on; petition letters to administrators, making of private or business contracts, making of employment contracts and company rules, establishing procedures for limited companies, incorporation and NPO etc; cancellation of private contracts and the preparation of letters of complaint.

What kinds of administrative procedures do foreigners face in Japan?

Foreign nationals in Japan always face many legal rules and procedures. If a foreign citizen would like to enroll in a Japanese language school, this person has to apply for a certificate of eligibility for a student visa in Osaka or another regional immigration bureau. This procedure will be done by the person's family in Japan or the school staff because the applicant will not yet have arrived. This legal proxy is called toritsugi in Japanese.

Most Japanese language schools, famous universities which have foreign students section, famous foreign language private vocational organizations (the well-known language schools, etc.), some big agencies for entertainers and performers, in addition to Human Resource departments, which introduce many IT engineers from India, Singapore, Hong- Kong, etc, hire a toritsugi-licensed person. But, some ex-pats don't belong to the above-mentioned organizations so they have to go through immigration procedures by themselves.

In fact, such people ask me to apply for a certificate of eligibility which is required for a visa by Japanese consulates abroad, application for extension of period of stay in Japan, and change of immigration status.

Why do foreigners ask you to do these procedures for them?

Many reasons; I can understand their individual situations; perhaps they have no free time to attend the immigration office themselves; because of the language barrier; because of lack of understanding about the immigration rules; because of rejection at the first try.

Can you give me an example?

Sometimes, a foreign national holding a Working Holiday Visa might ask me to change his or her visa in order to work full time as, say, an IT engineer, language instructor, sales person in an international trading company and so on. Japan has concluded with seven countries - Canda, Australia, NZ, UK, France, Germany, and Republic of Korea. However, the treaty means that UK and French people holding Working Holiday Visas cannot apply for a change of status of residence. But, they can apply for a certificate of eligibility to work in Japan - in which case, their status of residence will become Specialist in Humanities or Engineer.

I tell them that I need to directly explain to their Japanese boss or personnel depa- rtment when the employer does not have a toritsugi. I complete the necessary documents, and submit the documents to Immigration. About two months later, I get the eligibility and send it to whichever Asian country the applicant is staying while waiting for this eligibility. The British and the French cannot change the immi- gration status because of the Working Holiday treaty; therefore they have to do it this way. Although this is the best short- cut, some Japanese company personnel tell some applicants to go back to their country because they lack knowledge and experience in these matters.

What if a foreigner wanted to start his/her own company in Japan?

Recently, a lot of foreigners have asked me to establish companies in Japan. Since May 1, 2006, anybody can establish a company in Japan with capital of only ¥1. But if a foreigner would like to apply for a certificate of eligibility for an Investor/ Business Manager Visa, the established company must invest five million yen, which is transferred from abroad by the applicant.

Completing the procedures for setting up a company is does not guarantee approval for the certificate of eligibility. I think most gyosei-syoshi and shihousyoshi deal with company establishment procedures. But, if you choose them, please confirm their experience and knowledge about immigration criteria for the Investor/Business Manager Visa.

I don't think most foreigners will face problems in establishing a company, but acquiring the certificate of eligibility for the Investor/Business Manager Visa is a different story. According to criteria provided by the Ministry of Justice Ordinance of Immigration Control Law, it does not say that it is necessary to establish a joint stock corporation. It is true that social credit increases when you establish a joint stock corporation. However, Immigration Control Law say that a necessary condition is the size of an office.

How have you helped foreigners establish a business in Japan?

I met a foreigner whose status of residence was Specialist in Humanities as language teacher. He had already left a famous language company in Japan and was self-employed. He asked me to extend his period of stay. I thought his activity corresponded to that of an Investor/ Business Manager Visa. He hesitated to choose this change of status because of the hard work involved in managing a company. He established a company and is doing well under his own company name now.

Why else would a foreigner need a gyousei-syoshi?

International marriages are not rare these days. Some foreign nationals stay in Japan to work. Besides them, a growing number of foreign nationals marry Japanese nationals or permanent residents in Japan and settle here.

If a foreign national gets this status of residence, his or her activities in Japan are not limited. It means that he or she can engage in any kind of job. If he or she has this status of residence, it will be easier to become a permanent resident. Even an overstaying foreign person, if married to a Japanese citizen or special permanent resident, the individual has a high possibility for approval of status of residence with a Japanese spouse visa. Therefore this status of residence presents advantages for foreign nationals.

However, this status of residence might cause some troubles for foreign nationals who are not allowed to get another status of residence because some of them regard marriage merely as a measure to get the status of residence.

What do you mean?

I've known some of couples were rejected by immigration inspectors because of a lack of explanation of how they met and married; it can take these people up to three years to acquire a certificate of eligibility. Using a gyousei-syoshi can save a lot of time and trouble.

Text: Laura Markslag • Images: KS