Q. How to consult a lawyer?
A. Beforehand, please make an appointment for the consultation date and time, and then come to the office. It is not our usual practice to do consultations on the phone/by e-mail for legal disputes. (In cases where your question is really simple, we may be able to answer to it by e-mail etc.)
In order to make an appointment, please call 03-5261-8291. In order to make the consultation efficient, please bring the related documents etc, which help us to understand your case.
Q. How much is he consultation fee?
A. The consultation fee is 5250JPY per 30 minutes.
However, in cases where you hire us, the fees shall be decided by the lawyer client contract.
1 Problems on visa
Q. I stayed in Japan without visa, but I got married with Japanese women. Is it possible for me to obtain a permit or legal status to stay in Japan from now on?
A. If you have some special reasons to stay, for example the marriage with a Japanese, etc, you can apply for the special permit to stay in Japan(the Immigration Bureau insists that the procedure for this permit is not an “application”.).
Q. I am going to graduate from a school in Japan and a company offered me a position after graduation in Japan. However, Immigration office denied me working visa. What should I do?
A. It depends on you majors in your school in Japan, your backgrounds, the position you are offered, and the kind of job you are to do. In some cases, you might obtain working visa by re-application. Because it is not very easy to obtain it by application, we advise you to consult us in our office.
Q. My wife has lived with me without visa, however, she was arrested and deported to her own country. Is it possible for her to come back to Japan to live with me?
A. In cases where it has passed one your since your wife’s deportation, she might be able to come back to Japan. You, as her husband, will apply for the certificate of eligibility. However, this certificate shall not be automatically issued and the most important point is stableness of the relationship between you and your wife. For further information, please call us.
Q. I am married with Japanese. I have a child between me and my ex-husband, thus I want to bring over him/her and raise him/her in Japan. What should I do?
A. In case your child is still minor, you can apply for the certificate of eligibility for him/her. To obtain the certificate, you should prepare for his/her education, and obtain approval and cooperation of your family members.
Q. What are requirements for “Permanent Resident”?
A.
(1)General Requirements
General requirements are as follows.
(a) No criminal records.
(b) You have stayed in Japan for more than 10 yours, having working visa/legal status at least 5 years.
(c) You can afford to live independently with your own income.
(d) You have 3 year visa.
(2) Spouse of Japanese
Having married for more than three years, and you have been in Japan for more than one year, then you can apply for Permanent Resident.
(3)Long Term Resident
You have maintained Long Term Resident visa for more than five years, and have three years of Long Term Resident at present.
Q. What are requirements for naturalization?
A. In principal, the following conditions have to fulfilled;
(1) To have been living in Japan for more than five years.
(2) To have reached 20 year old, and to have legal capacity,
i.e. he can do legal only by his own decision, according to
Japanese law.
(3) To have no criminal tendency and no criminal records.
(4) To be economically independent.
(5) Not to have any nationalities or you shall lose your nationalities when you get naturalized.
(6) Not to be involved in any terrorist activities.
Q. My spouse is Japanese and I have “Marriage Visa” (Souse or Child of Japanese national), however, I wish to get a divorce and raise our child/children by myself. Is it possible that I continue to live in Japan?
A. It depends on the occasion, but there is possibility that you obtain Long Term Resident visa. In cases where you cannot raise your child/children or where you do not have any child, there is also possibility of obtaining Long Term Resident visa.
Q. My family members are living in Japan without visa for more than 10 years. A child was born between us, and he/she goes to Japanese public school. Is it possible for us to live in Japan with our child(ren)?
A. In cases where your child already graduated Japanese primary school and nor he/she goes to junior high school, there is possibility for your whole family to obtain “zairyu-tokubetsu-kyoka”, special permit to stay in Japan.
2 Divorce between different nationalities
Q. My spouse and I have different nationalities. I wish to be divorced. What should I do?
A. You can make a divorce settlement in Family Court in Japan. When you can not reach to an amicable settlement, you can file a divorce litigation into a Family Court.
Q. Is Kyogi Rikon or mutual divorce agreement valid according to the law of my nation?
A. As for the divorce is valid in your nation or not, please consult a lawyer in your country.
In general, many countries do not recognize the validity of the mutual divorce agreement or Kyougi Rikon. To make the agreement valid, you chould execute a mediation agreement in a Family Court.
Q. Does a Family Court in Japan have jurisdiction over my divorce case?
A. Japanese Family Court has international jurisdiction over your divorce case when defendant is living in Japan. It might have jurisdiction, when plaintiffs is living in Japan, or two of you were living in Japan as husband and wife.
3 Multiple Debts
Q. When one has multiple debts and can not abide by payment schedules, what kind of procedures he/she can take to reduce his debts or to be discharged of debts.
A. There are three different procedures of debts arrangements. Plain explanation on each means is as follows.
(1) Personal bankruptcy
You can apply personal bankruptcy for yourself.
Court declares you are at deficiency and after examining your filing paper and objection form creditors, court decides whether to indemnify, discharge you of debts or not.
(2) Out of court debts arrangement
In this procedure, a lawyer on behalf of the debtor negotiates with the creditors in order to reduce the amount of debt and re-schedule the payment.
To do this procedure, he/she shall be required make a certain amount of payment at a schedule with which creditors can agree.
(3) Debts arrangement at court
In this procedure, you, as an individual, can apply debts arrangement at court. Court shall appoint a lawyer as assignee. ?Usually, debts will be re-scheduled and payment will be re-scheduled, as the installment for 3 years. You will not be required to sell your house if you complete the payment as re-scheduled.
Q. Can foreigners apply these debts arrangement?
A. Foreigners can do all of the above procedures.
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