What if the application documents to immigration contain false statement?

Visa application can be said to be one of the most important procedures for the 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 visa seems difficult.

In fact, among the inquiries to our office, some of them say “I will entrust you everything regarding the application documents as long as I can get my statue of residence.”

However, such act may pose an extremely big risk to those who are considering to live in Japan for a long time. Thus, let’s learn about the false declaration regarding visa application and the penalties may be imposed due to it in this article.

What is false declaration?

What does “false declaration to immigration” refer to?

Most of the time, people consider to entrust the experts of administrative scrivener with the visa application procedure or ask for expert advice or opinion when they are not confidence 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 statue 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 visa with such method, it is very dangerous like carrying a time bomb that could explode anytime.

Examples of visa denials due to false declaration

Mainly there are three reasons of visa denials by the immigration:

・False declaration (Ex: Applied for Business Manager visa, but actually works at a kitchen of 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 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 case is subject to the act of false declaration on the statue of residence application documents and actual activities.

Another common case is marrying a Japanese or a permanent residence in Japan falsely and acquire the Spouse visa. Since such false declaration can’t be eradicated completely, the standard of inspection for visa application has become more and more strict.

Basically, the above-mentioned cases will be admitted as viciously false declaration.

What if there is 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 above-mentioned regulations, in addition to the imposition of punishment or penalty, the qualification of administrative scrivener could also be cancelled. Also, all the applications regarded as fake declarations will be strictly re-examined if there are any similar fake or illegal documents. Thus, the statue of residence obtained by the fake documents will be cancelled 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 statue 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 statue of residence is done:

“An imprisonment for up to 1 years 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 years or a fine of up to 2 hundred thousand yen may be sentenced.”

Please be aware that if any of the penalties above-mentioned is 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 neither for a certain period of time.

Summery

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 foreigner 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 include in the application documents for passing the inspection of immigration while the applicant is not even informed. In fact, such acts are illegal heavy enough to be imposed the punishment and penalty.

To prevent from getting in troubles like this, we do recommend the foreigners living in Japan to ask for the advice and opinion from experts regarding such complicated laws and regulations related to the residential statues.

As an administrative scrivener office, we always make sure to do the final confirmation with our clients before officially submitting the application documents to the immigration office. We also provide translation service into Chinese, English, Vietnamese, Nepali for those who are not confident enough in Japanese. Please be noted that each one has their own responsibilities on the details of application documents before submission even in the case of entrusting to the experts such as administrative scrivener.

We are Yanagi group, who have the offices in Osaka (Abeno and Tennoji) and our affiliated offices in Tokyo (Shibuya and Ebisu) are also available for on-site consultation. We have handled many applications for permanent residence permits, naturalization permits, work visas, college student visas, management visas, etc., as well as visa renewal procedures related to status of residence with the Immigration Bureau (Immigration Bureau) as a one-stop service. Our experienced administrative scriveners are also available to help you with any problems you may have. We also have staff members who can speak each of the native languages and can assist you in obtaining a visa.

Please feel free to contact us if you have any questions about your status of residence or visa, even if they are trivial.

Toll free number: 0120-138-552

For English speaker: 080-9346-2991

For Chinese speaker: 090-8456-6196

For Korean speaker: 090-8448-2133

For Vietnamese speaker: 080-5510-2593

E-mail：info@immigration-lawyer.co.jp

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