disclosure - 仲程行政書士事務所

When I explain the process of applying for a status of residence in Japan, I always tell my clients: “Immigration hates lies more than anything.” Of course, these are not words written in the Immigration Control Act. However, based on my experience handling status of residence applications, I believe that intentionally submitting information that is not true creates a very serious risk. Once You Tell a Lie, It Can Affect Future Applications An immigration application is not necessarily a one-time process. A foreign national may later need to apply for a change of status of residence, an extension of period of stay, permanent residence, or other immigration procedures. There is only one truth. Your employment history, educational background, marital history, residential history, and other facts can often be verified later through official records and supporting documents. A lie, on the other hand, is something that has been created. Once you submit false information, you may find yourself having to remember: “What did I write last time?” “Does what I am saying now contradict my previous application?” You may then have to keep adjusting your story in order to maintain consistency. As the years pass, you may even forget what false information you previously submitted. Immigration authorities, however, may still retain records and documents from your previous applications, and the consistency between your current and past applications may be examined. Intentional False Statements Carry Serious Risks Submitting false information intentionally is not simply a matter of “making a bad impression” on Immigration. Depending on the circumstances, it may result in: Denial of the application Negative consequences for future extensions or changes of status Revocation of your status of residence Deportation proceedings Criminal penalties At the same time, a simple clerical mistake or an honest failure of memory is not the same as deliberately providing false information in order to obtain immigration permission. If you discover that incorrect information was submitted in a previous application, you should not try to cover it up by creating another false explanation. Instead, the facts should be carefully reviewed and, where appropriate, the correct information should be explained to Immigration. However, if your current status of residence was obtained on the basis of false information submitted in the past, correcting that information may itself raise serious immigration issues. In such cases, you should not act on your own without first consulting a professional who is familiar with Japanese immigration procedures. In Cases of Overstay, Voluntarily Reporting Yourself Can Make a Difference One example where voluntarily coming forward can have significant legal consequences is an overstay. A foreign national who has overstayed and voluntarily appears before an immigration office may, if all of the statutory requirements are satisfied, qualify for Japan’s Departure Order System. Under the Departure Order System, the person may generally leave Japan without being detained, and the period during which re-entry into Japan is prohibited is generally one year. By contrast, where a person is deported through the ordinary deportation procedure, the period of denial of landing is generally five years. Of course, voluntarily appearing at Immigration does not automatically mean that the Departure Order System will apply. Nevertheless, the system is clearly NOT designed on the principle that: “It is better to hide until you are caught.” If You Do Not Know What Was Submitted in Your Previous Applications Sometimes a previous immigration application was handled by someone else, and the applicant does not have a copy of the application. In other cases, many years may have passed and the applicant may no longer remember exactly what information was submitted. In such situations, it may be possible to file a request for disclosure of retained personal information with the Immigration Services Agency in order to obtain copies of information and documents held by Immigration. Such a request may be made not only by the individual concerned, but also by an authorized representative acting under a power of attorney. A Gyoseishoshi (Certified Administrative Procedures Legal Specialist) may therefore assist with the disclosure request as an authorized representative. When dealing with immigration matters, it is more important to accurately organize the facts and honestly and reasonably explain the relevant circumstances than to hide inconvenient facts and create a “perfect story.” That is why I always tell my clients: “Immigration hates lies more than anything.”

“Immigration Hates Lies” — Why Honesty Matters in Status of Residence Applications