Archive for the 'Law' Category

Visa experts?

Wednesday, May 7th, 2008

A friend of mine emailed me the following question, and since I don’t actually have a clue I thought I would toss it out here, for people who actually know to take a stab at it.

A friend of mine in Tokyo (hes there until may, but may be going back later this year) may have the opportunity to work at a friends bar starting from next April but neither he nor his friend knows anything about getting a working visa, and to top it all off he’s always worked in insurance so there’s no way of demonstrating any bar experience, unless of course he can make it up.

So, what kind of visa might he apply for, and what sort of documentation/qualifications might he need? And what IS the deal with all those European guys working in bars? Are they all just married to Japanese ladies and residing on spouse visas?

Visas I have known

Wednesday, March 19th, 2008

This is the first visa in my passport, the student visa from when I studied abroad at Ritsumeikan University in Kyoto, Japan in 2002. Note that although it is a multiple entry vis, in Japan one still must obtain a re-entry permit sticker at the local immigration bureau to be placed in one’s passport before leaving the country, or the visa becomes invalid. Naturally, this is an extra fee.

This is my first tourist visa for the People’s Republic of China. Note that unlike the Japanese visa, it actually uses Chinese characters the fill out some of the fields, most notably the “Issued at” field, which is marked “Osaka.” In fact, I applied for this visa at a very strange “travel agency” office around the corner from the Japan immigration bureau in Kyoto, which in addition to accepting applications for visas to China also serves the role of selling the payment stamps which one must use to pay fees at the Japan immigration bureau in lieu of actual cash when paying for such things as reentry permits or visa extensions.

The only differences from the first one is that A: this one is double entry, so I could reenter China after my bus trip to Kazakhstan from Urumqi, and that it was glued to my passport in an extremely crooked fashion.

This is actually two separate, but related documents. The yellow thing is my tourist visa for Kazakhstan, and the blue thing above it is the “Registration Certificate” that non residents are required to keep in their passports until they leave the country. Notice that the visa is glues, and the certificate is stapled so it can be removed. It is, however, too cool to remove. The Kazakh visa is notable for a couple of things. First of all, it is handwritten-the only 21st century visa I have ever seen which is. Secondly, the “Inviting Organization” of “Sunrise Travel.” One cannot just apply for a Kazakh tourist visa like with most countries-instead you must have a letter of “invitation.” Tourist agencies, such as Sunrise Travel, will provide these letters for a small fee-I believe it was on the order of US $20.

There is an item I wish I could place right next to mine, and there is a story to it. My traveling companion on this particular trip was “Saru”, formerly also a contributor to this site. For some reason instead of indicating a one month span as I did on my visa application, he listed the exact seven-day period we had been planning to be there. Unfortunately, he got the range slightly off, so that if we had actually left on the date indicated on his passport we would just barely miss the local celebration of Nauryz-the biggest public holiday of the year! Obviously, this would have been extremely undesirable, so on the day after we arrived in Almaty, our local friends with whom we were staying took us to the office of this Sunrise Travel who had “invited” us to the country and asked how to resolve it.

Saru asked, “what happen if I overstay my visa?”

In reply, the tall, somewhat manly Russian woman with coarse black hair and a gigantic mole on her nose laughed heartily saying, “you go to jail!”

In the end, for a moderate fee she managed to work something out for Saru, but it was a rather odd solution. Instead of an extension to his tourist visa, or even a new tourist visa, she got him a business visa, which kicked in the day after the tourist visa ended. A one-day business visa. It looks much like the tourist visa, except for being blue, but I imagine that a single day business visa for Kazakhstan must be very nearly unique in the history of travel.

This is my “Visitor Visa” for Taiwan (legal name, “Republic of China”). I went there to study Mandarin in Taipei immediately following my undergraduate graduation from Rutgers University on a Taiwan government Summer term scholarship for Mandarin study, originally planning only to stay for the three-month Summer term. You may notice that the Duration of Stay is only 60 days. This is because a Visitor Visa has a term of only 60 days, which may be extended twice, for a total stay of 180 days. Why was I on a Visitor Visa instead of a Student Visa? Due to a very peculiar visa system, Taiwan does not actually HAVE such a thing as a Student Visa-only Visitor and Resident. Although a full time university student from abroad would qualify for a Resident Visa, since ordinary Chinese language schools there only enroll on a quarterly basis, language students are issued Visitor Visas. But what if you want to stay and study for longer than 180 days? The answer is below.

This is my Resident Visa for The Republic of China (Taiwan). After studying in Taiwan on a Visitor Visa for four months, one is eligible to apply for a Resident Visa. Once you have a Resident Visa, you are then eligible to apply for the ARC (Alien Registration Card) and upon having that, to the national health system (which incidentally works very much like the one in Japan).

The entire system is absurdly cumbersome, with Visitor Visa extensions and ARC applications being handled by an office of the county or city police, but the Resident Visa application being handled by the immigration department, in an entirely different part of the city (at least in the case of Taipei). Visitor visa extensions for language study also require the submission of an attendance tracking form, which one obtains from the administrative office of the language school. If a student has more than a couple of absences, they may then be subject to questioning and browbeating by a member of the foreigner registration section of the Taiwan police.

All in all, it is extremely bureaucratic, containing a number of overly complex and supervisory elements which I suspect (but do not know) are based in the former police state period of Chiang Kai Shek’s regime.

After leaving Taiwan, I got a job working in the office of the College of Information Science and Engineering at Ritsumeikan University’s Biwako Kusatsu Campus, near Kyoto. Although the contract was technically only for one year, it was of a type commonly renewed twice, which I suppose explains why I was granted a 3-year visa.

This is the one I got yesterday.

Tokyo getting more anal about dual nationality

Monday, February 25th, 2008

Japan’s ban on dual nationality is less toothless than it used to be, as the government finds creative ways to keep people from maintaining multiple passports. Terrie Lloyd’s e-mail newsletter this week quotes an unidentified source who says:

It seems that if you are Japanese and you renew your Japanese passport at your local US consulate, when you go to pick it up you are asked to show your green card or other residency documentation which allows you to be in the US. If you cannot produce this documentation, and you wouldn’t be able to if you held a US passport, they won’t hand over your new Japanese passport. Apparently this is how they are now catching dual citizens living abroad.

To avoid this, I could renew my passport in Tokyo, but if I do, I have to show them my juminhyo. That means I have to re-establish residency and live back in Japan for a few months—which of course is difficult to do when one has a career to fulfill.

Note that this particular procedure only affects people living outside Japan. Dealing with Japanese nationals resident in Japan while retaining a foreign passport is still much trickier to visualize, although with the new fingerprinting and photographing systems, anything is possible…

Jenkins book finally available in English

Friday, February 22nd, 2008

For those of you who have been waiting for it, the story of the famous Vietnam war era deserter to North Korea, Charles Jenkins, is finally out in English. Normally I would explicitly avoid promoting something I was notified about through spam from the publisher, but I think I can safely say that a clear majority of people who would be reading this blog want to read Jenkins’ story.

I’m sure it’s on Amazon etc. but here’s the official book web page at the University of California Press site.

I can’t wait to read this book. I just hope there’s a special edition, in which Jenkins’ impenetrable southern drawl is transcribed phonetically, like an Irvine Welsh novel.

Manila an “anti-birth-control dystopia”

Monday, February 4th, 2008

At least, that is how it is described in the words of Carol Lloyd, blogger on women’s issues at Salon.com. Due to the centuries as a Spanish colony, The Philippines is a firmly Catholic country-one in which the Church holds a level of influence rarely seen in the western world. Although the Catholic Church has oddly never managed to have any appreciable effect on the Philippines endemic Southeast Asian liberalism towards homosexuality and gender identity, they have managed to keep abortion illegal in all circumstances but to save the life of the mother. (More information on abortion in SE Asia here.) Although pre-conception birth control remains legal throughout The Philippines, in 2000 conservative Catholic Mayor Jose “Lito” Atienza of Manila issued an executive order removing all contraception from free clinics within the city. Many women in the desperately poor slums of Manila find it impossible to fit contraception in with food and other basic needs into their family budget, which has the eventual effect of a larger and even harder to feed family. This is what has women living in three urban slums to file a lawsuit demanding revocation of the order. From Reuters:

Emma Monzaga, one of the petitioners, said she was getting injections once every three months to prevent her from becoming pregnant, but was told on her third visit to a public clinic that the treatment was no longer available. “I was asked to go somewhere else to get the shots because the city hall has stopped funding the family planning program,” Monzaga said, adding her family could not afford to spend extra for contraceptives. “We used to get it for free. It’s becoming a burden because we have to eat and send our six children to school.” She said she has given up the idea of saving some money from her husband’s 300 pesos ($7) daily wage as a construction worker to pay for the vaccines because of rising cost of basic needs.

Amazingly, it took almost eight years before a local NGO managed to file the lawsuit “because the women feared political reprisals.” Unsurprisingly, there is now a different mayor in charge, and many hope that he will revoke the previous order without the need for the lawsuit to proceed. The Center for Reproductive Rights has a 50 page report, full of testimony, on the issue entitled “Imposing Misery: The Impact of Manila’s Contraception Ban on Women and Families,” which may be downloaded in PDF from their website at the above link. The report claims that the executive order violates the Republic’s 1987 constitution, stating:
The 1987 Philippine Constitution guarantees the
rights to liberty, health, equality, information and education for all citizens,
as well as the right of spouses to found a family in accordance with their
personal religious convictions. These basic principles, reinforced by
several pieces of legislation, create the foundation under national law for a
right to reproductive health, including access to contraception. [p. 9]

The report suggests that “The Manila City government should revoke Executive Order No. 003” as well as various further plans. [p. 11]

While many people look at issues such as these primarily in terms of individual rights and their effect on individuals and families, it is critical to consider the broader picture as well.

The Philippines today has a population of just under 90 million, a staggering number of whom live in poverty. I can attest from my own visit to the country that the cities are clogged with slums, illegal shanty-towns line the rivers and fill public parks, and the ratio of the population with no gainful employment appears to be easily several times that of anyplace else I have ever been. I have even heard that the unemployment rate in Metro Manila may be almost 50%.

Without high quality and aggressive family planning, that 90 million could nearly double in a generation- and the country’s scarce economic resources would be stretched even thinner. Could the unemployment rate rise even above 50%? Will The Philippines be plunged into a Malthusian crisis like Bangladesh or parts of Africa? Lack of birth control is hardly the only factor that has made Manila, and many other third-world regions, into dystopias, but it is one.

The uniqueness of commercial bail bonds

Tuesday, January 29th, 2008

An article in today’s NYT on the uniqueness of the United States commercial bail bond system includes this very interesting tidbit.

Commercial bail bond companies dominate the pretrial release systems of only two nations, the United States and the Philippines.

Although the article does not actually say, I think it is safe to assume that this is a direct result of the fact that the Philippine legal system was constructed during the period of US colonial rule. Those non-American readers who may be unfamiliar with the commercial bail bond system may with to read the explanation in the NYT article to fully appreciate the global oddity of the system. From my brief perusal of some Philippine web pages, it certainly looks like both countries share the institution. For example, look at this page from a Manila metro area attorney’s office:

Paying Bail


 


You can pay the full amount of the bail in Cash. If you are acquitted, you can withdraw the Bail that you posted. You can also buy a surety bind or post your property to pay for your bail.


 


Bail bond is like a check held in reserve: it represents the person’s promise that he or she will appear in court when required to. The bail bond is purchased by payment of a  non-refundable premium (usually about 15% – 35% of the face amount of the bond).


 


A bail bond may sound like a good deal, but buying a surety bond may cost more in the long run. This is so because you have to renew the surety bond upon its expiration otherwise, upon motion of the prosecution, a warrant of arrest will be issued for failure to renew the surety bond. If the full amount of the bail is paid, it will be refunded (less a small administrative fee) when the case is over and all required appearances have been made. On the other hand, the 15%-35 premium is nonrefundable. In addition, the bond seller may require “collateral.” This means that the person who pays for the bail bond must also give the bond seller a financial interest in some of the person’s valuable property. The bond seller can cash in on this interest if the suspect fails to appear in court.



 The curious may also want to see the amounts of bail set for various crimes under Republic of the Philippines law.

One foreigner’s perspective on American and Japanese immigration security procedures

Thursday, January 17th, 2008

Jade OC, a long time reader and commenter of MFT, has graciously posted a detailed comparison of his experiences passing through both US and Japanese airline security and immigration checkpoints as a comment on an earlier blog post on the subject. As I suspect that many of our readers look only at the actual posts and not the comments, I thought I would promote this one to the front page.

As promised, here is my short report on the fingerprinting-immigration process in the US and Japan from the POV of a non-citizen of either (though a resident of Japan).

First big complaint. I never wanted to go to the US at all, at least not the first time. But you cannot bloody transit in the US - there’s no such thing as a transit lounge. Everyone who enters a US airport from outside the country, even if, like me, you are just taking a flight to Canada in about 90 minutes, needs to go through Immigration and Customs. This is seriously Fucked Up.

Read the rest of this entry »

I Am The Bar Exam (And So Can You!)

Thursday, December 27th, 2007

As I head out the door for a winter holiday in southern China (which will be blogged in due course), I am happy to announce to the world that I passed the New York and New Jersey bar exams in July 2007. I spent a lot of time reading about other people’s study methods on the internet, and now, in the interests of propagating science, I will now share my methods. Read the rest of this entry »