Family Visa – Status of Residence
In order to stay in Japan and engage in certain activities, it is necessary to obtain a “status of residence” as defined by the Immigration law. Various types of status of residence are available depending on the activity to be undertaken in Japan, such as studying or working in Japan. When a foreigner marries a Japanese national, or when the spouse of a foreigner working in Japan lives together with his/her family in Japan, a status of residence that matches his/her status of residence is required. Just because you are married to a Japanese national does not mean that you can continuously stay in Japan.
Types of Family Visas
The following types of family visas (status of residence) are available for those who have a certain relationship with a specific person and who wish to stay in Japan.
For Husband/Wife and their children of a Japanese national :
Name of status of residence “Spouse or Child of Japanese National”
For Husband/Wife and their children of a permanent resident :
Name of status of residence “Spouse or Child of Permanent Resident”
For Husband/Wife and their children of a working/studying foreign national :
Name of status of residence “Dependent”
etc…
The requirements and documents to be submitted differ depending on the type of family visa. In addition, the restrictions on one’s own employment and the period of stay in Japan are different for each type of family visa.
Therefore, it is necessary to choose and apply for the appropriate family visa for yourself.
International Marriage between Japanese and Foreigners
International marriages between Japanese and foreigners are becoming more and more common due to the increase in cross-border traffic.
Marriage is a complicated process, even for Japanese couples, as they must go through procedures that they have never experienced before. This is especially troublesome for international couples, who need to go through the procedures not only in Japan but also in their partner country, making it time-consuming and difficult just to collect the necessary documents.
After the marriage procedures have been completed in each country, the couple is finally legally recognized as husband and wife under the laws of both countries. When the couple decides to live in Japan, another procedure is required. This is to obtain a family visa “Status of Residence: Spouse or Child of Japanese National”.
While marriage procedures are carried out at the local municipal office or embassy/consulate, a family visa requires a separate procedure at the Immigration Bureau of the Ministry of Justice. Therefore, even if a couple is officially married, they cannot continue to stay in Japan.
Newspapers and television often report the arrest of foreigners and related Japanese nationals for obtaining a status of residence illegally through a fake marriage. Although they have followed the formalities according to marriage laws and are “legally” married, the true purpose of their marriage is to obtain a family visa (status of residence) to stay in Japan. (In order to obtain a family visa “Status of Residence: Spouse or Child of Japanese National”, the couple must have completed the marriage procedures and be legally married.)
Why are they in violation of the law (Immigration Law) even though they are legally married?
This is because even if a couple has completed marriage procedures and are validly married, they cannot apply for a family visa (“Status of Residence: Spouse or Child of Japanese National”) unless they are actually living together and leading a common life as a married couple in the socially accepted sense.
The Immigration Bureau, which examines family visas, has experienced many cases of fake marriages in the past. Therefore, even if the couple is legally married, the examiner, who has not actually seen the couple’s life together, will (sad to say) first look at the application with some suspicion.
Therefore, in order for a Japanese and a foreigner married internationally to stay in Japan, it is necessary to prove to the Immigration Bureau that their marriage is a genuine marriage and not a fake marriage, by providing a variety of documents.
What will be examined in a family visa application?
Spouse or Child of Japanese National
- The applicant must be legally and validly married, and a common-law marriage is not acceptable.
- Even if the couple is legally married, they must live together and cooperate and support each other in order to live together as a married couple in the socially accepted sense.
- In the case of a job transfer unaccompanied by family, the applicant must fully explain in the application why they are not living together near their place of work, and provide reasonable reasons for the absence of a spouse.
- As the term “spouse, etc.” indicates, not only spouses but also children are eligible for this visa.
Spouse or Child of Permanent Resident
- A permanent resident and his/her spouse must be legally and validly married.
- Not only must they be legally married, but the couple must be living in a substantive marriage.
- It is necessary to prove that the permanent resident is able to support his/her spouse and children well by submitting supporting documents.
- Children are also eligible for this visa, but unlike the case of “Spouse or Child of Japanese National,” the child must have been born in Japan.
Dependent
- In the case of “Dependent”, the spouse and children of a visa sponsor who is residing with an employment visa or a student visa are eligible for the visa. Family members of those residing with other visas (status of residence: “Diplomacy”, “Technical Intern Training”, ” Short-term Stay”, “Training”, ” Dependent”, and “Specially Designated Activities”) are not eligible for this visa.
- Spouses must be legally and validly married.
- Children are also eligible, even adopted children. However, in practice, applicants tend to be advised to apply for a Student visa.
- The visa sponsor must have the will to support the applicant and the ability to support the applicant (housing and financial support).
- Even if the visa sponsor has the will and ability to support the applicant, if the applicant’s spouse or children are financially independent, they are not eligible.
Required Documents for Family Visa Application
The following is an example of the documents required for a “Spouse or Child of Japanese National” application under the Family Visa category.
Since it is necessary to appeal to the immigration examiner from various angles that the marriage is genuine and that the couple has a stable financial base in Japan, it may be necessary or advisable to submit documents other than those listed below, depending on the nationality of the foreigner and the couple’s circumstances.
- Application form (designated form)
- A copy of the foreigner’s passport
- Snapshots of the applicant and the visa sponsor
- Marriage certificate issued by the foreigner’s home country
- Certificate of residence of the Japanese national (with all members of the household listed)
- A copy of the family register of the Japanese national
- Certificate of taxation and certificate of tax payment of Japanese resident tax
- Japanese national’s reference form (designated form)
- Questionnaire (designated form)
Our office will help you get your family visa
With the increase in the number of fake marriages and other illegal stays in Japan, visas are not always granted smoothly, even to genuine married couples or families.
It is understandable to think that there is nothing wrong with the relationship between a couple and their family, but if you take such a stance and apply for a visa thinking that it will be granted, you may fall into an unexpected trap ( visa denial).
In addition, the Immigration Bureau has an excessive number of applications in comparison to the number of examiners, and even minor inquiries and procedures can take a long time. In addition, the Immigration Bureau is overloaded with applications relative to the number of examiners. It is common for it to take half a day just to confirm a question about the preparation of application documents.
Experienced in immigration practice, our office handles the troublesome procedures on behalf of our clients, enabling them to obtain visas in a timely manner. We can help you prepare visa documents that will convince the immigration examiner.
We also provide support for those who have applied for a visa on their own but have been unsuccessful. We are confident in providing attentive support throughout the process of obtaining a visa.
