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The Immigration will know you work for more than 28 hours.
If you are international students in Japan who’ve been working on part-time position. You need to get permission for Part-time（資格外活動許可） and you are allowed to work for 28 hours per week( on vacation season, you are allowed to work for 40 hour per week. If you work for more than 28 hours, or 40 hours on vacation season, you will fail to extend your student VISA and you have to leave your school.
Recently, some of my clients visit my office to seek advice on the matter. They are international students who’ve been studying in a university or Senmon-Gakko and apply for Extension of their Student VISA or Change of VISA status so they could continue their job hunting after their graduation.
They received the letters from the Immigration Bureau and the letters ask them about your condition on part-time job especially places where you work and hours you’ve been working. And most of them has been actually working for more than 28 hours. Even some clients has been working for 100 hours per week.
They give me the questions as following.
“Should I disclose honestly about my overworking?”
“The Immigration Bureau can’t find my overtime working. If they reject my application because of overtime working. Could I file law suit against the government?”
The here is the answer for them. The Immigration has the way to find your overtime working. Every companies who hire foreign citizens has the duty to report employment of foreign citizens to Hello-Work. When you are asked about your part-time job, they’ve already known you’re your condition and check whether you try to hide your over-time working or not.
Difficulty on Second Opinion
Recently I received phone call from one of my clients who’ve hired me to file application of her child’s VISA.
“Sr, I contacted anoher Immigration Lawyer(Gyoseishoshi). He said unlike you, my son could get VISA on 100%”
“That is wrong”
“But he said”
“No, based on your condition. I think this case will not be easy.”
The other Immigration Lawyer (Gyoseishoshi) is one of my friends. So, I contacted him. That turned out it is her misunderstanding on his advice.
But I found demerits of second opinion for clients who try to use our service. When you seek second opinion and second opinion is contradict to first advice, you need to find by yourself which is right. Because you are in the process on choosing your professional.
I think Second Opinion is important to protect right of clients. But There is the issue like that. But I’m still considering the solution for that.
Daichi Ito
Immigration Lawyer(Gyoseishoshi)
Graduate from the Faculty of Law at Hosei University. After working on several companies to make budget to open his own business, I opened Kamakura International Legal Service(行政書士鎌倉国際法務事務所). He mainly handle VISA procedures from Wokring VISA application to Permanent VISA application.
His passion to support foreign citizens came from his experience while he was a law student at Tokyo. He’s been working as staff of NGO which support foreign citizens who has trouble in Japan.
His mission is “solving your problem before you are really troubled”