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Showing posts with label Legal. Show all posts
Showing posts with label Legal. Show all posts

Monday

"What happens to your visa status after you get a divorce?" I've heard a variety of opinions on this subject from forums like Gaijinpot. Some people claim that divorce, for those staying and/or working in Japan on a spousal visa, means renunciation of your status of residence (在留資格). Others assert that you are still eligible to stay in the country until the printed date (在留期間) on which that last-issued spousal status of residence expires.

To complicate the issue, until recently there was no clear legal impetus for a divorced foreign national to report the divorce to immigration. Some people seemed to just fly under the radar for as long as possible.

Recent updates to the immigration laws have made this issue much clearer:

In short, if you get a divorce, you'll need to apply for a change in status of residence as soon as possible if you intend to remain in Japan.



Under Japan's recently revised immigration laws, foreign residents of the country are explicitly instructed to inform the Ministry of Justice Immigration Bureau of any changes to information they've registered with the bureau. For example, when you change jobs or get a divorce, you're now required to notify the immigration bureau and can face penalties for failing to do so.

To ease the burden of these notifications, the Immigration Bureau has established an online notification service that allows foreign residents to log in and submit many (but not all, as we'll see) of the legally required notifications without making a time-consuming and, for some, costly visit to the nearest regional or branch office.



"Special Permanent Resident." It's a term that plagues Japanese immigration legalese, and I've only ever had a vague inkling of what it means. It identifies a group of people that, for some reason or other, has been granted special permission to be in Japan indefinitely without needing to notify the immigration bureau of working situation or marital status, but whose members are still not recognized as actual citizens in Japan.

I'd heard stories of how, especially in the late 80's and early 90's, the MOJ wrote out some special immigration laws to encourage ethnically Japanese Brazilians and other South Americans to come to Japan as laborers. And I knew that there were a lot of ethnic Koreans in Japan whose families had lived here for generations but had been and sometimes still are marginalized to certain communities and severely discriminated against. They had been encouraged to come into the country and stay here for the long haul, but not as citizens.

All these people were the ones the government was talking about when it used the term "Special Permanent Resident," right?



Friday

As you may have noticed, LP has been hard at work on articles about the Juki Card (AKA the Basic Resident Registry Card) system that has just been opened up to foreigners.

As we have mentioned before, in addition to containing your registered alias (tsushomei 通称名), the Juki Card can be used as an electronic identifications for official government transactions over the internet. Perhaps the most important of these transactions is the system for electronic tax filing, better known as e-Tax.



Monday

Recently I had to renew my landing permission at Japanese immigration. I was a little worried about the process because of my impending expiration dates and some upcoming plans to travel abroad. However, things worked out OK, and I ended up learning a lot from a nice lady at the immigration window. Here's the story:



Tuesday

This little bit of information caught me off guard:

Just this year, Japan lifted its general ban on domestic political campaigning activities conducted online. It is now legal for Japanese political candidates to set up websites and advertise their platforms through social networking services. (That's right--it used to be a no-no in this country.)

Now, with this ban lifted, the Ministry of Internal Affairs and Communications has identified as a potential issue the activities of minors--that's anyone under the age of 20 here--in relation to political campaign efforts.

To try to nip any such activity in the bud, the ministry has issued a blanket statement targeting minors, reminding them that they face potential fines of up to 300,000 yen ($3000) and up to a year of jail time should they express public support for a campaign during their online activities.



Friday

Get ready folks, because come 2015, you will be the proud owner of brand spanking new My Number (マイナンバー) issued by the friendly folks at the Japanese Government. On May 24th, the three major parties in the National Diet finally got off their duffs and managed to put together a brand new law that gives everyone residing in Japan (foreigners included) a single unified identification number akin to a US Social Security number.

The so-called mai nannbaa-ho (マイナンバー法), or "My Number Act" (officially called the shakai hosho zei bango-ho 社会保障・税番号法 or "Social Benefits and Tax Number Act") will have far reaching effects on just about everyone who uses a government service (i.e. the whole country). Lets take a peek at what the law entails.



Monday

Last week I lauded my local driver licensing center for their efficient processing of renewal applications. In a sea of a couple hundred other individuals, I got my whole application finished--including an eye exam and photograph--in under thirty minutes.

Because I was a first-time renewal (初回更新者, shokai shoshinsha), I was also slated to take a 120 minute drivers' education refresher course as part of my renewal process.



A couple months ago, I received a friendly postcard in the mail from my local traffic safety association. Turns out it had been a whopping three years since I made it through the ridiculously nitpicky Japanese driving test, and that meant it was time to renew my license.

You can see a picture of what one of those postcards looks like here.

As I looked online to find out more about what this process would entail, I discovered that the Internet has a pretty good collection of stories on this subject already. My favorites come from TokyoWriter and Yuttaring. And last year Dan quietly added a detailed guide to help you through your own renewal here on AccessJ.

So, if you're curious about what a renewal in Japan entails, you have a lot of options to look at. But just as an addendum to the inexorable electronic record, here's my own story:



At the end of last year, Dan told us about Kenmon, or checkpoints set up on major thoroughfares in Japan to help catch drunk drivers. He mentioned that drunk driving is a serious offence in Japan, and it is. Here's how serious:

Legally there are two classifications for driving under the influence of alcohol in Japan: 酒気帯び運転 (shuki obi unten) and the more serious 酒酔い運転 (sake yoi unten).



Friday

As our frequent readers may recall, not so long ago we covered opening up of the basic resident registry system to foreign residents. Until very recently, the so-called "residence register" (jumin-hyo 住民票) used by localities to provide public services and collect tax revenue has only been available to Japanese residents. However, even though foreigners are now able to get on their own address registry, they still can't get a "family registry" (koseki 戸籍). Let's take a look what a koseki actually is.



Monday

Japan is big in the world of social networking. I don't mean Facebook or LINE or whatever else is popular for showing your friends how many friends you have. I mean, in order to get things done in Japan (just like elsewhere), it helps a lot to "know a guy" or to have some connection.

Examples? In all the job interviews I've passed here, the interviewers at some point dropped the phrase, 何か縁があるようですね。 "Oh, you went to that university? We're invested in a research center there." "Oh, you play concert piano? We're affiliated with a conservatory." "Oh, you taught at that school? My daughter's a graduate." Who your family is, where you went to school, and who you work for are all a big deal, and being able to say, "I was referred to you by such-and-such," can open doors that may have otherwise stuck fast. (Interestingly, this is the same country in which references are often unasked for in job applications.)



But perhaps the biggest examples of this reference culture in Japan is the guarantor.



This post continues my chronicle of moving to a new apartment in Japan. Last post I thought to check for Internet reviews of my new apartment... after I'd already made the down payment. Fortunately I didn't find any unpleasant surprises online.

Week 3, Tuesday:

The real estate agent calls me in: My rental contract has arrived. I stop by in the evening to sign and stamp my inkan on several documents.

A fair number of complicated documents are involved in this step. We'll work through them one or two at a time:



Wednesday

Many thanks to Ben in Hiroshima for today's post on buying a house in Japan. Ben is a new home owner and shared his buying experience in this exclusive AccessJ interview.

So you've got a job, a car, maybe you're even married, and you're thinking about taking another step forward in planting your roots in Japan: Buying a house to live in. House shopping will open up all kinds of questions: Do you want a マンション atop a 45-floor building or your own (perhaps tiny) plot of land to call home? What's your budget? Who will be living in the home? What silly neighborhood watch programs and trash disposal schedules are you willing to put up with?

The list goes on. But today, we'll start with some of the important financial questions. Grab your reading glasses and check out the interview below:



Monday

Japanese driver's licenses work on a point system: Do something wrong, get some points. Get enough points, and your license is suspended.

Different citations carry different numbers of points, but overall Japan's point system is strict: Just a few minor traffic violations will have your license suspended, and frequent repetition will quickly get your license revoked. Let's take a look at the actual numbers:




Not long ago, Dan shared an awesomely detailed article about being careful about bandwidth usage on your super high speed fiber optic Internet line in Japan.

Although Internet providers in Japan have for several years kept an eye out for excessive file sharing or downloading and used Terms of Service violations to cut such users' connections, in Japanese law it had not been illegal for users to download copyrighted content--only uploaders of such content could face legal charges... until now.



Friday

As you may have heard, as of July 2012 Japan will be getting rid of the current Alien Registration System, including the onerous Alien Registration Card and re-entry permit system. In addition to the convenience of not having to shell out for a re-entry sticker on your passport, there is another benefit to the new system. Foreign residents will finally be able to join their Japanese brethren on the Basic Resident Registry (jumin kihon daicho 住民基本台帳).