Global corporate immigration
Global Corporate Immigration Immigration is playing an increasingly important role in global business as companies operate across multiple jurisdictions, and labour moves more freely around the world. Corporations often need to act quickly to move appropriately skilled people across jurisdictions, depending on workflow, contract wins or economic developments. A good immigration lawyer can help smooth the process, employing an expert knowledge of a particular country’s immigration procedures to eliminate mistakes and secure appropriate visas as quickly as possible. This can mean the difference between contracts won and lost, deadlines met or missed, and satisfied or unhappy clients. The role of the immigration lawyer An immigration lawyer will be on hand to provide advice in all areas of corporate immigration including business visitor visas, temporary work and residence permits, entry clearances, entry visas and passports, guidance for security and medical clearance processing, visa issuance and counselling on entry and departure procedures. Other areas of assistance include document procurement, including acquisition, translation, legalisation and apostilles, advice on short-term assignment planning and back-to-back assignment strategies, business traveller and passport services, as well as student-related matters and maintenance of status. An immigration lawyer can also advise clients with regard to the immigration aspects of mergers and acquisitions, divestitures and corporate reorganisations.
Japan
Travelling in the EU for business purposes Ensuring that key employees are in the right place at the right time is an essential business need as it maximises business performance and efficiency. This is perhaps even more important in the current economic climate. For those travelling within the EU for business purposes the Schengen Visa has made traveling between its 15 European member countries much easier and less bureaucratic. Travelling on a Schengen Visa means that the visa holder can travel to any (or all) member countries using one single visa, thus avoiding the hassle and expense of obtaining individual visas for each country. This is particularly beneficial for persons who wish to visit several European countries on the same trip. The Schengen visa is a ‘visitor visa’. It is issued to citizens of countries who are required to obtain a visa before entering Europe. Non compliance The consequence of non compliance with immigration legislation varies from country to country. However, punishment can be extremely severe and companies that continue to operate in violation of frequently changing rules have suffered severe penalties, including criminal prosecution of executives, workers, and large fines.
Yoshio Shimoda, Managing Partner ILS Shimoda Office L.P.C. +81 3 5521 1901 info@ils-co.jp www.ils-co.jp
ILS Shimoda Office L.P.C. exclusively provides legal services related to Japanese immigration cases. The firm’s services includes vicarious applications with the immigration authorities such as for certificate of eligibility, extension/change of status of residence, and permanent residency, together with the relevant document preparation and consultation both in English and Japanese. As one of the leading firms in the field of corporate immigration, with its cumulative handling of nearly 50,000 cases since its establishment, ILS Shimoda Office provides services through consultants with ample experience and knowledge, and fluency in Japanese and English. The firm also uses a qualified personal information protection system. Yoshio Shimoda is a managing partner at ILS Shimoda Office L.P.C. When asked to describe Japan’s current status as a business location, Mr. Shimoda noted: “Despite its suffering from the Great East Japan Earthquake on March 11th, 2011, Japan still has the potential to attract foreign businesses as one of the centres of the Asian economy. Its currency is intensifying its strength in the global market – and the region also offers a stable supply of safety and social infrastructure.” Today, Japanese immigration laws divide the resident status of foreign nationals into 27 categories. Of this, Mr. Shimoda said: “We analyse each applicant’s case based on their respective circumstances and relevant documents, in order to determine and prepare for the most appropriate status.” For example, he explained, when business persons accompany family members on their stays in Japan for long-term assignment in Japan, the family members who are allowed equally long-term stay visa-wise have historically been limited to their legal spouse and children with only small amount of exceptions.
“The people who do not select the wedlock-based family style are on the increase,” he said. “A good example of this is the common-law-based spouses and their children. When a client intends to accompany such ‘family’ members for his/her assignment in Japan, we provide our utmost effort, with predominantly successful results, to help them obtain an appropriate status of residence within the capacity of the currently valid relevant laws.” As regards the future of the immigration sector in Japan, in 2009, a bill to revise the Immigration Control and Refugee Recognition Act and Pertinent Laws was passed. Mr. Shimoda said: “The significant parts of these revised laws are scheduled to be made in effect by July 2012, namely: replacement of the current Alien Registration Card by Alien Residence Card (Zairyu Card) for the immigration authorities to collectively control the relevant data; the alleviation of the re-entry permit to exempt foreigners to obtain one for travels abroad within one year; and the extension of the longest allowable status of residence from the current three years to five years.” He added: “Besides the above, the government is scheduled to introduce, by the end of 2011, a benefit point allocation system to foreign nationals working in Japan – in order to attract more foreign nationals with highly skilled experience and expertise.”
72 Corporate INTL September 2011
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