China News Service, May 9th, according to the Japanese "Chinese Herald" report, a Chinese operator, Lin, who lives in Kanagawa Prefecture, Japan, was suspected of violating the "Entry and Exit Administration and Refugee Identification Law" (hereinafter referred to as `` for working for his own company ''). "Entry Control Law") was arrested by the police and prosecuted. If convicted, not only will he be disqualified from residence, but his wife, son, and daughter who are staying on the family visa will lose their status of residence and will have to leave Japan.
Lin's family believes that due to the impact of the new coronary pneumonia epidemic, the company has a shortage of manpower, and it is not wrong for the boss to be forced to work on site in person. This situation will also appear in small companies run by the Japanese. There is no violation of the law, and the police should release as soon as possible he.
Lin's family said that he came to Japan as a chef in 2007. After having some savings, he registered a company in 2013 and operated the restaurant industry. Later, because of poor operating conditions, he changed to the interior decoration industry. When the visa was renewed in 2019, the "internal decoration business" was added to the company's business application and the visa was passed smoothly.
Since February of this year, Lin's company has also been hit by the new coronary pneumonia epidemic, which has affected his business and manpower. He has to work on site. On the morning of March 13, local time, he was interviewed by the police at his home, and was subsequently arrested on the grounds that "actual business does not match the visa."
Lin's family of four has lived in Japan for many years and has long been accustomed to life in Japan. For every family's livelihood and for the smooth development of the company's operation, he tried every means to develop the market. When there was a shortage of manpower, he had to visit the site in person, but he never thought that "the boss is working in his own company" would be illegal.
So, is Lin illegal? His defense lawyer Hoshino Tian told reporters that the case involved Articles 19 and 70 of the Immigration Control Act, depending on the conditions of the business management visa and the prosecution's allegations.
To put it simply, the management visa is to inquire about the "legality" and "stability and continuity" of the company. Any type of company can be operated, but the durability and stability of the business must be guaranteed. At first, when Lin applied for a business management visa, the company's business was "catering industry", but it was later changed to "interior decoration industry". This did not violate Articles 19 and 70 of the Immigration Control Law, and he was updating his visa. It was stated at the time of application.
Judging from the conditions of the business management visa, the company must have real and specific business operations and sufficient funds. Lin met this condition. When the company was established, the registered capital reached 5 million yen.
The reporter of "Chinese Herald" learned that the legal provisions do not clearly state "whether the boss can work for himself", and even the company has no express provisions for hiring at least a few employees.
It is reported that in 2006, in order to improve the Japanese economy and attract foreigners to start businesses in Japan, the Japanese government implemented an investment and operation visa. In 2015, it was renamed as an operation and management visa. Foreigners are encouraged to live in the country for a long time through the establishment of a company in Japan and the actual operation and management. Japan. After obtaining a business management visa, you can apply for a spouse and minor children to live together in the form of a family stay visa.
However, with the increase in foreigners visiting Japan, due to the lack of work experience certification for operating management visas, there are fewer restrictions on activities, and abuses have occurred. The Japanese immigration administration and the police have strengthened vigilance. According to statistics from the Ministry of Justice of Japan, the number of foreigners holding residence permits related to business management in 2019 was 27,249, an increase of 6.2% over the previous year.
Lin's encounter this time is obviously related to the tightening of the management visa by the immigration administration. The case will be tried on June 12 at the Tachikawa branch of the Tokyo Procuratorate. (Sun Hui)