Is the visa situation getting stricter?

[SSJup81]

They got the CoE in Japan. Guess I forgot to mention that. The company already had the CoE ready for them, as they were processed early on, but couldn't have them apply for the work visa, yet, unless said candidate was genuinely going to be hired on. They just had to apply for the status change after they arrived there.

[Tsuwabuki]

Originally Posted by SSJup81

They got the CoE in Japan. Guess I forgot to mention that. The company already had the CoE ready for them, as they were processed early on, but couldn't have them apply for the work visa, yet, unless said candidate was genuinely going to be hired on. They just had to apply for the status change after they arrived there.

>_>

MOFA and MOJ did not know the person was coming to Japan when they sent the COE?

[SSJup81]

Originally Posted by Tsuwabuki

>_>

MOFA and MOJ did not know the person was coming to Japan when they sent the COE?

I honestly have no idea. All I know is that the CoE was done already, but wasn't sure about the placements or something for the candidates until about week prior to when the work would start or something (last minute recruits I guess). It'd take too long to send the CoE to the overseas candidate to go to their local embassy to process it for the work visa I guess and guess it would work out faster if in Japan.

Could just go by what MMM said...

Originally Posted by MMM

Welcome to the wonderful world of Japanese government bureaucracy. There is no bottom line, and depending on the day of the week and the person you talk to you will get a different story.

[Tsuwabuki]

Originally Posted by SSJup81

I honestly have no idea. All I know is that the CoE was done already, but wasn't sure about the placements or something for the candidates until about week prior to when the work would start or something (last minute recruits I guess). It'd take too long to send the CoE to the overseas candidate to go to their local embassy to process it for the work visa I guess and guess it would work out faster if in Japan.

Could just go by what MMM said...

If the COE was sent to the company because the company told the MOFA that the person was not in the country, then that changes things. After entering Japan as a tourist, the individual would actually already have residency, because of the COE. In cases where schedules accidentally cause an individual to be in Japan after the COE has been approved, then a change of status can happen.

However, companies are not allowed to tell employees to show up early expecting the COE. If they are found out, they could be in big trouble. This is why the coworker who came after me was told not to under any circumstances to come to Japan, because if the company tried to play it off as an "accidental schedule conflict" MOJ would not believe the company, and assess penalties.

Sounds like those companies are abusing this policy, and if they are found out, there will be consequences. Your friends are probably okay, they have their visas, but they might be looking for another job.

[SSJup81]

Oh, so that must be what it was and I was just confusing it. They were in Japan after the approval which is why they were able to do the change of status thing without any problems, by the sounds of it. I'm only assuming this, though.

[Tsuwabuki]

Originally Posted by SSJup81

Oh, so that must be what it was and I was just confusing it. They were in Japan after the approval which is why they were able to do the change of status thing without any problems, by the sounds of it. I'm only assuming this, though.

Right, but it's for someone who has basically said, "Yeah, I'm going to go visit Japan first so I know what to expect while the paperwork is processing, but fully expect to leave before the paperwork is done" and then, through some sort of error, the COE is sent and received by the company while the individual is still in Japan. Because everyone agrees it would be stupid to make the person leave, in that case, but companies can't use it as an expediting tactic. It's for the occasional exception only.

[jamurai77]

Why do I feel like I've fallen down the rabbit-hole everytime I ask this question?
I guess I have to take Tsuwabuki at his word since no other convincingly credible source has commented, at least not one who seems to have actual recent experience with this process. But it would have been really nice to have more than one person give the same opinion or more than one refute it with conviction Perhaps I should meditate on it, and the truth will illuminate itself.

[RickOShay]

Here is what I found reading through the article from MOJ

(3) When an application for change of status of residence has been submitted as set forth in the preceding paragraph, the Minister of Justice may grant permission only when he/her finds that there are reasonable grounds to grant the change of status of residence on the strength of the documents submitted by the alien. However, in the case of an application submitted by a person whose status of residence is "Temporary Visitor," permission shall not be granted unless the application is made based on special unavoidable circumstances.

What "special unavoidable circumstances" means.. anybody's guess..

[RickOShay]

Even so though. I was under the impression if one finds employment and the employer sponsors them etc, then what they have to do is leave Japan and go to the Japanese consulate in Korea or wherever to get a work visa issued to them, then they can return to Japan. This is no longer legal to do? I'm not sure what is illegal, if they leave the country, and then get a visa issued to them, and then return to Japan.

[sarasi]

Originally Posted by Tsuwabuki

Patently false. This was changed in July of 2008. I'm in America visiting my grandmother, or I would pull up the paperwork I received from Ministry of Foreign Affairs explaining that status changing in Japan is no longer allowed. Trust me on this; my experience would have been easier had they not changed this policy.

And I know someone who changed from a tourist visa to a working visa inside Japan as recently as November 2009. Before you accuse someone of posting something "patently false", take a moment to remember that almost everything is "case by case" with Japan Immigration and that the rules are deliberately left vague so that officials can interpret them as they wish. You must have encountered someone who felt like being strict on that day for whatever reason, but the reality is that people change to working visas inside Japan all the time.

I myself changed from a working visa to a spouse visa inside Japan last year, so your claim that "status changing inside Japan is not allowed" is actually "patently false".