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Certificate of Eligibility

akianna

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hi im just new here..i just want to ask if any of you guys has an idea about Certificate of Eligibility being denied..so my husband who is a filipino has passed some documents for COE last 16th of January..he was a contract worker before. since his contract ended last 29th of March he has no choice but to go home to the philippines..so i decided to go with him since my mother is a filipina..(but im a japanese citizen) even for just three weeks..we were thinking that maybe during our stay in the philippines the COE might be released soon..unfortunately, two days before my flight back to japan the lawyer (who works at the immigration and who arranges our documents) called us and ask for my father's income tax certificate and residential tax certificate since i cant provide any of the tax certificate coz i already stopped working when i got pregnant..(im on my 6th month now and will give birth on august)..and also asked for my pay slips from my last job..so i decided to go back here in japan and submit those documents needed..the lawyer called and told me that he already submitted the rest of the documents last 26th this April..my question is do you have any idea if its goin to be denied and how long am i going to wait for the result? im a bit worried coz i wanted my husband to be here before i give birth and he is the only source of our income now since he will be having a new job when he gets back here in japan.. another problem is, i am a japanese citizen but i cant speak japanese very well..when i was 5 years old my mom decided to take me to the philippines with her since she got divorced with my dad, so i spent almost my entire life in the philippines when i was 21 years old the japan embassy told me that i have to choose between japanes-filipino citizenship..so i chose japanese since my boyfriend (my husband now) is here in japan..and since he could speak japanese very well he serves as my translator to my father..i am so sad living alone here especially now that i am pregnant..just let me know guys if you got answers to my questions! that'll be highly appreciated! thanks! God bless you all!
 

Glenski

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I am going to assume your husband is applying for a spousal visa. Is that correct? It should be the best route for him.

Since you are not working and your husband is unemployed right now, it is perfectly reasonable for immigration to want to know the information about your father. I went through a similar thing when I changed from work visa to spousal visa, because I was between jobs, and my wife didn't make enough money to serve as guarantor.

my question is do you have any idea if its goin to be denied and how long am i going to wait for the result?
I suspect very soon, perhaps within 1-2 weeks. Hard to say since you stated your parents are divorced. I wouldn't have any idea how immigration calculates things with divorced parents, although fathers are obliged to pay child support, so that may be enough for them. Don't belabor this point, though.

he will be having a new job when he gets back here in japan..
Does this mean your husband has already been hired for a job in Japan? I wonder how that is possible. He would need either a work visa or spousal visa, and from what you wrote above it appears that he may not have either one. Maybe he and the employer are merely counting on him getting the spousal visa.

One thing that puzzles me is this: he returned to the Philippines after his job contract ended, but if you had filed for a spousal visa then, he could have stayed in Japan. Didn't you know this?
 

akianna

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im a bit confused right now..the lawyer who works at the immigration who fixes our documents told us before that we could choose between spousal visa and COE..we have chosen the spousal visa so that he could stay and the process will be a lot faster..but we need some papers from his company for that..since he is a contract worker the agency didnt allow him to apply for a spousal visa..so we have no other choice but to apply for COE instead.. regarding his work, the company where he had his contractual work would like to absorb him and told him he will be hired once he gets back here in japan and has a visa..thank you so much for entertaining my questions..i am somehow relieved..
 

Glenski

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You need to file for the COE before you get the visa. It's that simple. Just a COE will not permit your husband to stay here. It is the prelude to getting a visa.

since he is a contract worker the agency didnt allow him to apply for a spousal visa..so we have no other choice but to apply for COE instead
This makes absolutely no sense whatsoever. An employer cannot stop him from applying for a valid thing like a spouse visa! Only immigration can do that.

And, the employer cannot complain about him getting a spouse visa, either. It allows him to do any type of work that an employer thinks he is eligible to do. So, don't let the employer try to pull a fast one by saying he needs a work visa instead of a spousal visa. They can hire him on either one, and if it's the spousal visa, then the employer doesn't have to do anything to serve as sponsor.
 

akianna

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i see..i already thought of that before..i knew the agency who sent them here as a contract worker cant be trusted after all..they have alot of issues actually..i even begged the agency to allow him to get a spousal visa since im pregnant..cause the lawyer says that we need papers from the agency for his spousal visa application to be approved..i guess since we dont have any idea regarding this matter it was easy for them to manipulate us..and even told us that it is not easy for my husband to get a spousal visa and that we shouldnt settle here in japan cause life here is so hard..i shouldve ask before so that it wont be as hard as it is now..the lawyer who arranges our documents who also claims that he works at the immigration didnt even told us about that..thank you so much for informing me that, though its already late..i just hope his COE may be released soon..

---------- Post added at 15:55 ---------- Previous post was at 15:46 ----------

and also the agency told us that if my husband will not go back to the philippines after his contract ended he will not be able to get his certificate..thats why i guess we agreed on getting the COE instead..
 

sheakiyuki

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I have a daughter from a japanese and we are not married but he put my daughter into his koseki and my daughter is already have a japanese passport,can my japanese boyfriend apply a certificate of eligibility for me to be able to stay in japan together with my 5 years old daughter coz her father want her to study in japan ,so he wanted me and our daughter to be in japan,so please i need answers from you guys ,thanks
 

Glenski

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If you want him to do this and list you as a dependent or spouse, no. Boyfriends and girlfriends cannot meet the same eligibility requirements as blood relatives or married couples.

If he won't/can't marry you, then you have to get a visa all on your own, whether for studying yourself, doing cultural activities, or work.
 

Mike Cash

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She may be eligible for a special visa as the parent of a minor child who is a citizen. I forget the name of the visa right now.
 

sheakiyuki

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Since my japanese boyfriend cant go here in the philippines because of his work,we planed that when i will be there in japan we will get married so we dont know what to do or dont know what procedure in order for me to have visa as i ask my friends having a certificate of eligibility can have the chance for me to have a visa and can stay in japan for 1 year since we are going to get married there and i think having a 1 year visa is enough to wait for my spouse visa,as a mother of of a minor child who already have a japanese passport isn't it enough as a reson to have a COE??

---------- Post added at 11:23 ---------- Previous post was at 11:14 ----------

I have friends from japan who are now staying in japan as a longterm,single mother of a japanese child the father of thier child cant marry them because japanese are married,but they have visa they told me that i can have visa through my daughter,but the case is different from them because they give birth to thier children in japan unlike me i give birth t5o my daughter here in philippines but they told me that its a big chance to have visa coz my daughter is in the koseki of my boyfriend and she have a japanese passport....so very confusing please help me

---------- Post added at 11:31 ---------- Previous post was at 11:23 ----------

If you want him to do this and list you as a dependent or spouse, no. Boyfriends and girlfriends cannot meet the same eligibility requirements as blood relatives or married couples.

If he won't/can't marry you, then you have to get a visa all on your own, whether for studying yourself, doing cultural activities, or work.
Since my japanese boyfriend cant go here in the philippines because of his work,we planed that when i will be there in japan we will get married so we dont know what to do or dont know what procedure in order for me to have visa as i ask my friends having a certificate of eligibility can have the chance for me to have a visa and can stay in japan for 1 year since we are going to get married there and i think having a 1 year visa is enough to wait for my spouse visa,as a mother of of a minor child who already have a japanese passport isn't it enough as a reson to have a COE??

---------- Post added at 11:34 ---------- Previous post was at 11:31 ----------

She may be eligible for a special visa as the parent of a minor child who is a citizen. I forget the name of the visa right now.
I have friends from japan who are now staying in japan as a longterm,single mother of a japanese child the father of thier child cant marry them because japanese are married,but they have visa they told me that i can have visa through my daughter,but the case is different from them because they give birth to thier children in japan unlike me i give birth t5o my daughter here in philippines but they told me that its a big chance to have visa coz my daughter is in the koseki of my boyfriend and she have a japanese passport....so very confusing please help me
 

Glenski

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If you plan to get married, do that, then file for a spousal visa. Pretty straightforward.

I find it a wee bit suspicious that the father of your child and theoretically your future husband cannot take enough time off to visit you in your country to get married. Don't you?
 
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