This article is a translation of the Japanese original. Where the two differ, the Japanese version prevails. Read the Japanese original（日本語版を読む）
Who this article is forAn enquiry from a 行政書士 (certified administrative procedures legal specialist (gyoseishoshi)) who handled an 在留資格認定証明書交付申請 (Application for Certificate of Eligibility), where suspicions of a forged academic record arose after entry.
As for whether a foreign university’s certificate of graduation is genuine, there is no effective way to check it without the person’s cooperation. While a forgery that anyone could obviously spot might lead to the 行政書士 being criticised for insufficient checking or care, if the certificate was such that even 出入国在留管理庁 (Immigration Services Agency of Japan) could not tell it apart, the duty of care is thought to have been fulfilled and no responsibility would be pursued. For now, the view is that it is fine to wait and watch how things develop, while being ready to cooperate fully with any investigation if the matter escalates, and it is recommended to keep a detailed chronological record of how the case was taken on and how it has developed.
An enquiry from a 行政書士 (certified administrative procedures legal specialist (gyoseishoshi)) who handled an 在留資格認定証明書交付申請 (Application for Certificate of Eligibility), where suspicions of a forged academic record arose after entry.
It is thought not to be possible to dismiss both.
It is thought not to be possible. Since there is no particular problem with the other person, dismissing both is considered difficult.
It is considered reasonable to treat it as in effect from the day the person came to work intending to join, after obtaining the status of residence.
Where nothing in particular has been agreed about what brings it into effect, in COE cases it is generally considered reasonable to treat the contract as in effect from the day on which the person actually came to work intending to join the company, on or after the employment start date and after obtaining the status of residence.
There is no effective way to check it without the person’s cooperation.
It is considered that there is no effective way to check it without the person’s cooperation.
It is a ground for revoking the status of residence, and whether the 行政書士 is responsible depends on how obvious the forgery was.
It is considered to be a ground for 在留資格取消 (revocation of status of residence). If the forgery was obvious to anyone, the 行政書士 may be criticised for insufficient checking or care, whereas if the certificate was such that even 出入国在留管理庁 could not tell it apart, the duty of care is thought to have been fulfilled and no responsibility would be pursued.
For now, it is recommended to wait and watch while keeping a detailed chronological record of what happened.
For future cases, one approach is to have the applicant sign a written pledge or undertaking confirming that all documents received from the applicant through the company or the sending organisation are genuine. As for this case, the view is that at this stage it is fine to wait and watch how things develop, while being ready to cooperate fully with any investigation if the matter escalates. From the point of view of dealing with 出入国在留管理庁, it is pointed out that the company’s next hiring of foreign nationals may be examined strictly, and that the 2 people concerned may also be questioned more strictly about where they lived, what they did and how their expenses were paid from entry until they received a new job offer. Since the company, the 2 people and the 行政書士 could come under suspicion that “this was planned from the start”, it is recommended to keep a detailed chronological record of how the case was taken on and how it has developed.
Dismissing an employee who has no problem is considered legally difficult.
There is considered to be no effective way to check it without the person’s cooperation.
It is recommended to keep a detailed chronological record of how the case was taken on and how it has developed.
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Get a free consultationThis article provides general information. Immigration rules change, and outcomes depend on individual circumstances. Please check the Immigration Services Agency website or consult a qualified specialist.
This page is a translation of the Japanese original. Because it is a translation, the meaning may differ from the original in places. Where something affects a decision you are making, please check the Japanese version or ask us. The supervision by a 行政書士 is of the Japanese version.