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© KYODOTokyo police mistakenly arrest Filipino man for allegedly overstaying visa
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Asiaman7
The veracity of this statement by the police has to be questioned/challenged. The man had applied online to renew his residence card and the Immigration Services Agency had confirmed to the police that the man, in fact, was in the process of renewing his residence card. He would likely have never asserted that he had “forgotten to apply.”
The claim of this statement by the police appears to be more of an attempt to “cover their ass” by generating a valid reason for this improper arrest. At least, that’s how it appears.
dagon
I think this is a not uncommon occurrence, almost happened to me during the renewal process.
Will he get a big payday to chasten the police tactics like the Japanese man mistakenly arrested in the US for drunk driving?
I think a couple of gruff bows and the police will carry on as usual.
JeffLee
So the real culprit seems to be another one of Japan's pathetic online administrative platforms. Maybe it was set up by the same people responsible for the My Number card?
sakurasuki
Pretty sure that man has longer answer for example, "Why your card already expired" and that man answer "I forgotten to apply long before expiration but I already applied online to renew". However they just try to get admission of guilt.
They said it's voluntarily but that does not necessarily meant that he can go freely after he is being approached. It's voluntarily because there is no warrant, he got no choice at all.
He doesn't need to have that kind information, because it's between immigration and him. He doesn't need to prove it. If they are asking for paper proof, it doesn't exist. That's what online really mean. So those people learn it hard way, they should coordinate this with immigration. That system has been exist since 2022.
https://www.ras-immi.moj.go.jp/WC01/WCAAS010/ras?dispOutputEvent=
didou
I wonder why the police approached that man in Ueno. Was he suspicious in the first place
sakurasuki
Because he looks foreigner, that enough.
https://www.reuters.com/world/asia-pacific/foreign-born-residents-file-suit-japan-over-alleged-racial-profiling-2024-01-29/
.
They might checked his belonging, check their bags and pockets try to find anything to arrest him. The fact they released him, they just got nothing from him.
sakurasuki
@dagon
It depends on how you apply it, if you apply offline you'll get stamp in your card and piece of paper that you currently doing renewal. Apparently those officers only aware with offline process not online process. Online process doesn't give anything in your card.
Aly Rustom
and racist.
kurisupisu
…
So, the Tokyo police had already confirmation that a renewal was in progress yet they went ahead with an arrest?
Why?
If foreigners are becoming the target of arbitrary stops by incompetent police then Japan is definitely not the place where foreigners will choose to live and work.
wallace
The police can ask to see our Residence Cards anytime and without reason. The cops checked the Filipino man had applied for renewal. He should have not been arrested
sakurasuki
@wallace
Do they have proper training and knowledge to know all about residence card and visa situation, online process for visa already exist since 2022 now it's 2024 but they still have no idea about that.
Not until they contacted immigration office finally they know about this.
.
Beside that, how can they tell people are foreigners or not? Because it looks foreigners, there are Japanese who look foreigners, do they subject to card checking too?
https://www.reuters.com/world/asia-pacific/foreign-born-residents-file-suit-japan-over-alleged-racial-profiling-2024-01-29/
wallace
sakurasuki
@wallace
I do not know the level of training.
Always difficult. Non-Japanese looking nationals. Foreigners with Japanese citizenship do not need a Residence Card.
The law is clear they can ask to see the card.
I have never been asked.
Gaijinjland
As a foreigner being racially profiled and randomly asked for ID is part of life here. But I’m curious. This man was “arrested” how? Did they actually cuff him and put him in a cell or did he just go to the station and they questioned him in a room for an hour? If it was the latter seems like more of an inconvenience/ misunderstanding but if they actually cuffed him he should lawyer up and ask for more than a hallow sorry.
Mr Kipling
I think we can all guess the answer to that one.
wallace
The headline states he was arrested. Then the article states " went to a police station voluntarily."
kurisupisu
Who gets stopped in the street and goes to a police station voluntarily?
Not me for one.
garypen
At least they apologized this time. That's some progress, albeit a tiny one. Baby steps.
Hawk
kurisupisu,
The catch is that not going to the station "voluntarily" gives them a reason to be suspicious. That doesn't mean they should be able to harass you further (although they probably will), it's just the way it is.
Just out of curiosity, if an officer asked you to accompany them to the station, how would you handle it?
sakurasuki
@wallace
Japanese news usually only get that statement from official channel, however what it didn't tell us exact details.
Voluntary in here means they give you a request you go to place where they want with their escort, either to go inside patrol car or their station. However that doesn't mean you can easily enforce your other option, for example walk away from them easily, and also they won't tell is ok if you don't go with them. You can look up online many incident about this, when they check your belonging your bags and pocket, technically that also voluntarily but if you try to refuse they'll block your way and even call for more back up to surround you. Until you gave up and voluntarily give what they want.
enmaai
You need to go to the immigration and apply for the renewal of your visa 6 months before the expiration date.
sakurasuki
@enmaai
6 months is for passport which you apply in embassy, for residence card you can renew 3 months prior your expiration.
https://www.moj.go.jp/isa/applications/procedures/16-3.html
Aly Rustom
Its not. Abe eased up on the Visa requirements for workers, but even SE Asians now are refusing to come here.
enmaai
6 months is for passport which you apply in embassy, for residence card you can renew 3 months prior your expiration
I am talking about non permanent visa like the ones needed to be renewed once every year.
sakurasuki
@gaijinland @kurisupisu
There are so many missing details here, for example "forgotten to apply. Pretty sure that's not that Filipino man has longer answer for that, in fact he already applied for renewal. That answer might be "forgotten to apply sooner", visa can be extended from 90 days up to the printed date of expiry in you his card.
https://www.moj.go.jp/isa/applications/procedures/16-3.html
As long when he applied for extension his card within those period, he still valid legal residence. Even finally during this waiting period from immigration his card is getting expired.
.
This article missing many important point, what time that Filipino man meet with that officer for the first time, and what time finally that officer escorted him to that officer's station "voluntarily". It only said that Filipino man being formally arrested at 7:10 pm and released one hour later 8:10 pm.
.
There's possibility the time that Filipino man meet with that officer and asked for ID, that officer so happy can get an actual arrest for that day, thinking that expiration date of an ID without an extension stamp is the same as overstay. Without knowing that from 2022 foreigners can apply ID extension online.
By bringing that Filipino man to station that officer thinking that can lead to quick arrest, without confirming detail about online extension application. At some point, that Filipino man keep insisting that he already, applied online extension but they still don't know whether that system exist and don't trust Filipino so they just continue to arrest him.
.
However after they arrest him and assuming he must be guilty, they just want to confirm more detail to immigration office about his ID, of course they might get that Filipino man for forged visa case not only illegal overstay if that officer lucky. Surprisingly neither overstay and forged visa is taking place, that Filipino man has valid visa that just under extension process. Now they got real embarrassment. They just don't update with actual immigration changes.
Redemption
Why was he approached in the first place? Oh that’s right…
sakurasuki
@wallace
They already admitting about this anyway, promising to educate their officer in the future.
https://www.asahi.com/articles/ASS3345GJS33UTIL003.html
sakurasuki
@wallace
Or even in more detail should be escorted "voluntarily" first then formally arrested even without sufficient proof because of an officer that already made assumption about Filipino man status without confirming the actual fact to immigration.
https://japan.embassy.gov.au/tkyo/arrests.html
リッチ
Randomly stopping foreigners again for no reason is racial profiling and should be immediately stopped. Shameful police behavior.
リッチ
And didn’t a Japanese guy in America just get US$300,000 for falsely being arrested? I think the Japanese police should be coughing up more than just an apology.
Aly Rustom
Exactly! Excellent point!
Mike_Oxlong
Sounds like a case of bored cops looking for something to do. How about some remedial education back at the academy for them.
lordoflys
When I first arrived in Japan in the '80s as an exchange student in Shizuoka-ken I was asked repeatedly by police for my passport, which was required for non-citizens at the time. I was 2 blocks from my home once taking photos of the rice fields when a patrol car stopped, made me get in and called the school to verify my enrollment. Several years later when I was a graduate student in Tokyo I was at Suidobashi just outside my school listening to the world series which was being played on an outside speaker. The cops saw me loitering and, again, demanded to see my passport. Luckily, I had it on me. Those days are gone and believe me, all foreigners in Japan are better off as a result.
wallace
If people need to renew or extend their Residence Card, probably better to go to the immigration office rather than apply online.
finally rich
Thank God I drive/ride everywhere even in Tokyo so the police will only stop me if I actually look suspicious in the eyes of the law (drunk driving etc.), just cant imagine leaving the house in the morning, going to work/meet a client in full suit just to get my time totally wasted by these people in front of everyone.
I noticed the police mostly stop japanese people 'wearing baggy jeans' or sitting around a certain area doing pretty much nothing, but they find it completely logical to stop a busy looking foreigner on his way to/from work, what a joke!
kurisupisu
…
It depends on the situation.
As foreigners we have to produce ID.
We all have to legally produce that.
Once that is accounted for then I would like
to ascertain why there is a need for more questioning.
Ive had cops question me and when I want to end the interrogation i say thatI am late for a business appointment or some such meeting-they usually get the hint.
Elvis is here
I don't recall the last time I got stopped by the police. But it was a long long time ago in and around Nakano on an old bicycle
Once I went to a sword meeting and I brought with me a nice 現代刀 blade (properly stored) that I had just bought. There were police in the station looking for foreign people. Luckily I didn't fit the profile so wasn't stopped. I don't think my Japanese would be good enough to explain my parcel and the evening might have been spoilt.
finally rich
One day I refused to get my car searched because I was to full to move my ass out of the car, that's exactly what I told to the cops knocking on my window and they left before I could blink, same might not apply when you're walking as they will keep blocking your way with their bodies or they'll follow you around, waiting for you to lose your patience, at least thats what I saw in a few Youtube videos.
sakurasuki
@wallace
Foreigners can do whatever method of their choosing to extends their residence card as long is legally permissible, whether it's online or offline. It shouldn't be limited by untrained or unprofessional officers that unwilling to keep update with current immigration circumstance.
sakurasuki
@kurisupisu
Questioning part is really voluntarily (任意) they won't tell you about that however that's the law.
Mocheake
Can't trust these cops at all. They'll do anything to cover up a mistake, and this one was easily preventable in the first place. Some of us know it's par for the course and much more likely to happen if you are a dark-skinned foreigner, or one from SE Asia.
sakurasuki
@finally rich
Usually they made up excuse but there's ongoing lawsuit, allegedly is racial profiling.
https://time.com/6589912/japan-police-racial-discrimination-lawsuit/
https://www.reuters.com/world/asia-pacific/us-embassy-tokyo-warns-suspected-racial-profiling-by-japanese-police-2021-12-06/
wallace
According to this individuals cannot renew their Residence Card online. Something I have no experience with. Visas can be renewed online.
"Is it possible to apply for a residence card renewal online?
You can apply for a residence card renewal online, but the online system is limited to those who perform a large amount of application work related to residence status on behalf of the foreigner, such as the staff of the organization to which the foreigner belongs. It cannot be used by individuals.
For details on online procedures for residence, please refer to the "Online Procedures for Application for Residence" on the Immigration Bureau of Japan website.
http://www.moj.go.jp/isa/applications/guide/onlineshinsei.html
The above is the main content regarding the renewal of the residence card, but from here, we will introduce the frequently asked questions related to the residence card."
https://www.studyjapan.jp/en/topics/life/residence-card.html
garypen
Nope. Still 3 months.
wallace
It is better to always have valid documents, a Residence Card, My Number, visa, passport, etc. They should be renewed before they expire.
Hawk
Thanks. I find that it you show respect, they'll return the favour. Let them do what they are legally allowed to do, such as ask for your ID and ask questions. If the question is appropriate ( "Are you still at this address?" for example) I answer them truthfully with the least amount of detail necessary. I've been thanked for my time and sent on my way every time.
The above has always worked for me and I appreciate that others may have different circumstances etc.
wallace
Number of Foreign Nationals Overstaying Their Authorized Period of Stay ・As of January 1, 2022, the number of foreign nationals overstaying their authorized period of stay was 66,759, a decrease of 16,109 (19.4%) compared to January 1 of the previous year.
https://www.moj.go.jp/isa/content/001385114.pdf
wallace
If you are stopped by Japanese police, what are your rights?
https://quepan.net/post/what-should-you-do--getting-stopped-by-police-injapan
Mocheake
So true, but you know the general population and a good many non--Japanese will readily see nothing wrong with it. A good amount of them post on this site regularly.
enmaai
Nope. Still 3 months
Yes, the person needs to needs to renew the visa three months before the expiration date.
wallace
The application for the Japanese Visa renewal can be submitted at the nearest Immigration Office 3 months before the visa expiration date.
gaijintraveller
Perhaps all of us gaijin should study our rights.
Arudou Debito/Dave Aldwinckle, who is a naturalised Japanese, has studied how gaijin are treated and what their rights are. A policeman can ask you for your ID, but you have an equal right to ask for his and take a photo of it. You may want to keep the following link on your phone and show it to the police if you are stopped. It explains your rights in law and has a Japanese translation you cn show the police.
https://www.debito.org/GcardLAWS2.pdf
wallace
Arudou Debito no longer lives in Japan. In 2011, he emigrated to Hawaii, where he still lives.
smithinjapan
Take care, guys! I was stopped TWICE last week and both times had my pockets emptied, bag searched, and questioned as to why I had more than one cell phone, asked to prove they were both mine, had to show my MyNumber Card plus Residence Card, etc. The second time was right in front of my home and fortunately the landlord and some others I know came up to the FIVE police surrounding me and asked what was up:
Them: What's happening? Smith, you okay?
Me: I don't know what happened.
Police: We are just asking him some questions.
Landlord: He lives here. I know him. If you're just asking questions, why did you have him empty his bags and are radioing back to headquarters?
Police: Sumimasen, ne. (to each other, "Let's move this along").
Landlord: Did he do something wrong?
Police: No. We are just asking... Please, Smith-san, put your things back in your bag. You can go once we get the okay. We're really sorry.
Shopkeeper across the street: What's going on? Smith-san, you okay?
Me: Yeah. I don't know what happened. They just stopped me and asked me to empty my pockets and bag --
Police: We just wanted to ask some questions. You can go now, Smith-san.
Me: Can you at least tell me why you stopped me? Did someone call in a "suspicious looking person"?
Police: Sumimasen. Thank you, and very sorry.
So, watch out, peeps. If there is even the smallest thing off they will take you in for sure. I was fortunate to have done absolutely nothing wrong and even then I suspected that if people had not come to my aid they were on the verge of asking me to go to the station to "prove the phones were mine" or something. I am in the process of looking into what I can do about the situation, but I also don't want to press my luck.
John
Will he also get the same pay as the japanese mistakenly arrested in USA? Fairness matters!
garypen
Or, online, which may be much more convenient for many people.
https://www.moj.go.jp/isa/applications/online/onlineprocedures.html?hl=en
ian
Damn that's scary, smithinjapan.
ian
Thanks for sharing
wallace
How to renew your visa in Japan online
"Thanks to COVID, the infamously slow Japanese bureaucracy system sat up and dragged its visa application process into the 21st century — sort of. In March 2022 they opened up their online visa management system. Now we’ll be honest, we’re not exactly fans of the online visa management system. It’s clunky and it took us so long to set up a new account that it would actually have been quicker to just go to the Immigration Bureau. Long story short, we don’t recommend it except in certain situations — like if you live far away from your closest Immigration Bureau. But enough complaining, if for whatever reason you want to give it a shot, we want to make it easier for you."
https://tokyocheapo.com/living/renew-visa-online-japan/
NCIS Reruns
It looks to me like he was detained, but not arrested. There's a difference:
One primary distinction between detention and arrest lies in their duration. Detentions allow law enforcement to quickly assess a situation. Arrests, on the other hand, involve a longer deprivation of freedom and trigger a legal process that may lead to criminal charges.
JRO
For people wondering if he will get a nice payday because of this, In Japan the small guy rarely get anything over 50万円 and that would be for things way worse than this.
sakurasuki
@smithinjapan
Twice a week, includes bag search, you'd better have proof for those since that can be reported as racial profiling.
https://www.reuters.com/world/asia-pacific/foreign-born-residents-file-suit-japan-over-alleged-racial-profiling-2024-01-29/
sakurasuki
@wallace
Information that you are referring is an outdated information from 2021, there are changes now. Latest one you need my number card and can be applied online by your own, not necessary by your organization.
https://we-xpats.com/en/guide/as/jp/detail/11462/
sakurasuki
It's better JGovt agency coordinate with each other to avoid confusion, law abiding foreigners just only to follow what legally necessary.
sakurasuki
It doesn't matter whether he lives in Hawaii, Puerto Rico, Guam or somewhere else. What matter is many of his writing and guide still relevant, since not so many things has changed in Japan. Especially regarding with discrimination and law in Japan. In fact just another months a group people with foreign roots just filling lawsuit for racial profiling.
https://www.reuters.com/world/asia-pacific/foreign-born-residents-file-suit-japan-over-alleged-racial-profiling-2024-01-29/
Hawk
smithinjapan,
Sorry to hear that. Next time think about you or one of your acquaintances getting the cops' names and badge numbers. Especially since they seem to have admitted that there was no reason for their search.
Could make you a target for further harassment, I suppose.
sakurasuki
@NCIS Reruns
It might be common outside Japan but not necessarily in Japan.
In Japan first they'll ask a person 職務質問 that supposed "voluntarily" but there's no way anyone can escape that until they satisfied with answer, if they find that's not really satisfied then they'll ask "voluntarily" to go to their station. Even it's "voluntarily" there's no option to go elsewhere. Only after that they can consider whether that person can be arrested. Either that person proven committed a crime or bringing something that they're not should bring, then they arrest them. If you look other news it's written clearly 逮捕 which mean arrest.
https://www3.nhk.or.jp/shutoken-news/20240303/1000102565.html
If only 職務質問 which mean voluntary questioning, they won't bother to admit this at all and even bother to apologize.
.
So they already book him for arrest even they at that time they haven't got confirmation reply from immigration. It really shows that they already presume there's no way extending visa online and without any stamp in the card. By the time they saw that Filipino walking with expired card they already think he overstayer. Unfortunately for them that's not the case.
.
It also show that none of officer from that station really know online system visa extension, and expired card will automatically receive 2 months extension from the date of visa expiration.
.
Many other comments here find that incident in this article is confusing and not that clear, because it just simply wrong arrest, officers have no idea about newest immigration system. Not only that, they already make an arrest without even bother to wait reply from immigration about that Filipino man residential status. Just to find themselves were finally wrong.
ThonTaddeo
You don't get a choice in how fast the MoJ processes your documents. You have to submit them before the renewal date, and you can do that up to three months before, but if the MoJ takes longer, there's nothing you can do about it. That's why they stamp the back of the residence card. You can't get this stamp if you renew online, which is why these police officers (who shouldn't have stopped this man to begin with) had to call the MoJ to confirm. They confirmed his legal status, but the police arrested him anyway, with no grounds. That's why people are so angry.
Redtail Swift
Sounds like the police harassing the poor as they are easy targets. I've only seen the police approach foreigners out of convenience. They stop bikes cause they are slow. I have no doubt in my mind that the Filipino man was probably just walking the street.
Meanwhile, my guy with the nega-camber Itashi ( no way to pass Shaken ) drove past them on the way to Akihabara with a catless downpipe.
Christopher Mas Osan
Correct me if I am wrong but, if he was re-applying to get his new Alien Card and Visa. He should have received a document form the immigration officer he was working with and supposed carry with him at times? The document indicates he has applied for re-newel and its under review?
sakurasuki
@Christopher Mas Osan
Currently not anymore, if applicant do it online, here's detailed explanation,
https://tokyocheapo.com/living/renew-visa-online-japan/
.
Using this website from official website.
https://www.ras-immi.moj.go.jp/WC01/WCAAS010/ras?dispOutputEvent=
Once anyone apply renewal either online or offline, applicant stay period extended two months automatically. However with online method by residential status is legal and under renewal, however it won't get any extra documents or stamp their application under review. Regardless, it is legal that all matters.
didou
Police officers do not know all the immigration procedures, as simple as that