A visa application can be said to be one of the most important procedures for foreigners living in Japan. However, some may feel that “It is OK to do anything only to get through the visa application/renewal” especially when the acquisition of a visa seems difficult.
In fact, among the inquiries to visa agencies, some of them say “I will entrust you everything regarding the application documents as long as I can get my statute of residence.”
However, such an act may pose an extremely big risk to those who are considering living in Japan for a long time. Thus, let’s learn about the false declaration regarding visa applications and the penalties that may be imposed due to it in this article.
What is a false declaration?
What does “false declaration to immigration” refer to?
Most of the time, people consider entrusting the experts of administrative scrivener with the visa application procedure or ask for expert advice or opinion when they are not confident enough to take care of it by themselves.
Particularly, those who are in trouble may feel frustrated and even think “I will do anything only to get the visa”, which actually is just intended by the vicious companies. Some vicious companies falsify the documents of activity related to statute of residence as well as agreement and income-related documents.
Unfortunately, in most cases, it is not known by the applicant himself because usually such documents will not be checked by the applicant directly. Even if they could obtain a visa with such a method, it is very dangerous like carrying a time bomb that could explode at any time.
Examples of visa denials due to false declaration
Mainly there are three reasons for visa denials by the immigration:
- False declaration (Ex: Applied for Business Manager visa, but actually works at a kitchen of the restaurant)
- Not meet the requirements (Ex: Applied for Engineer/Specialist in Humanities/International Services visa, but the actual education background and work experiences do not meet the requirements.)
- Inadequate documentation (Ex: Applied for Highly Skilled Foreign Professionals visa, but failed to submit the point calculation chart or other documents are advantages on the calculation as evidence) For example, as per (1), the applicant was living in Japan with a student visa but couldn’t renew it due to his poor attendance of class or impossibility of further education, and applies for Business Manager visa after establishing a company that not conduct any business activity while actually working at a restaurant. Obviously, such a case is subject to the act of false declaration on the statute of residence application documents and actual activities.
Another common case is marrying a Japanese or a permanent resident in Japan falsely and acquiring a Spouse visa. Since such false declarations can’t be eradicated completely, the standard of inspection for visa applications has become more and more strict. Article Sponsored Find something for everyone in our collection of colourful, bright and stylish socks. Buy individually or in bundles to add color to your drawer!
Basically, the above-mentioned cases will be admitted as a viciously false declaration.
What if there is a false declaration?
According to the code of ethics of administrative scrivener, the regulations below are clearly stipulated.
- Chapter 1, Article 9
“The administrative scrivener shall not advocate any illegal or dishonest action, or utilize above-mentioned action.” - Chapter 2, Article 14
“The administrative scrivener shall refuse being entrusted the request if it is suspected of any dishonesty regarding its purpose, objective, contents, or method. “ - Chapter 2, Article 18
“The administrative scrivener shall not make any document against the law or the purpose of the request.”
If any false declaration is found by ignoring or violating the above-mentioned regulations, in addition to the imposition of punishment or penalty, the qualification of administrative scrivener could also be canceled. Also, all the applications regarded as fake declarations will be strictly re-examined if there are any similar fake or illegal documents.
Thus, the statute of residence obtained by the fake documents will be canceled as well as being imposed the punishment and penalty due to the violation of “Immigration Control and Refugee Recognition Law”.
- If any illegal labor exceeding the scope of activities permitted within the statute of residence is done by violating the Departure Order (Illegal stay):
“An imprisonment for up to 3 years or a fine of up to 3 million yen may be sentenced.”
*Subject to deportation. - If any illegal labor differing from the activities permitted within the statute of residence is done:
“An imprisonment for up to 1 year or a fine of up to 2 million yen may be sentenced.” - If there are any false declarations related to the residence card:
“An imprisonment for up to 1 year or a fine of up to 2 hundred thousand yen may be sentenced.”
Please be aware that if any of the penalties above-mentioned are imposed, besides facing the risk of deportation, the visa applications of the applicant himself as well as of his family member will not be accepted either for a certain period of time.
Summary
Some might still remember the news that the foreign workers of an administrative scrivener company were exposed for their several dozen false declarations in visa applications and gaining illegal income of tens of millions of yen the other day.
The immigration office also reported all the records of their previous fake declarations to Metropolitan Police Department after re-examining every application submitted by the company. As a result, besides the administrative scriveners, all the companies, the foreign workers, and the clients involved in this company were arrested due to the violation of “Immigration Control and Refugee Recognition Law”.
Of course, every Filipino wants to live in Japan without any problems. However, due to the lack of the necessary knowledge, sometimes it does happen that the fake information is included in the application documents for passing the inspection of immigration while the applicant is not even informed. In fact, such acts are illegal and heavy enough to be imposed the punishment and penalty.
To prevent from getting into trouble like this, it is recommended that Filipinos living in Japan ask for advice and opinion from experts regarding such complicated laws and regulations related to the residential statutes.
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