Spouse Visa
Key Points of the “Spouse or Child of a Japanese National” Visa (Work, Eligibility, Application Method)
An introduction to the “Spouse or Child of a Japanese National” status of residence (visa).
What is a “Spouse or Child of a Japanese National”
“Spouse or Child of a Japanese National” is a status of residence that can be obtained by a foreign national who is a spouse of a Japanese national, a biological child of a Japanese national, a child adopted through special adoption, or a person who was born as a Japanese national (e.g., a person who later naturalized in a foreign country). The period of stay is either 5 years, 3 years, 1 year, or 6 months.
① Eligibility for “Spouse or Child of a Japanese National”
This status of residence is intended for the following foreign nationals:
- A: Spouse of a Japanese National
This refers to a spouse who has gone through a legally valid marriage; it does not include common-law spouses. Furthermore, simply having a legal marriage is not enough; the marriage must have a substantive reality, such as cohabitation and a shared livelihood, to be recognized as a spouse.
- B: Child adopted through special adoption by a Japanese national
Special adoption is a system that severs the legal parent-child relationship with the birth parents and creates the same relationship as a biological parent and child with the adoptive parents. A child who becomes a special adopted child of a Japanese national through this system is eligible. Note that regular adoption does not apply.
- C: Person born as the child of a Japanese national
If either the father or mother was a Japanese national at the time of birth, the child acquires Japanese nationality at birth. If that child later renounces their Japanese nationality and becomes a foreign national, they fall under the category of “person born as the child of a Japanese national” and are eligible for the “Spouse or Child of a Japanese National” visa.
② Work (Employment) for “Spouse or Child of a Japanese National”
The “Spouse or Child of a Japanese National” visa is a work-eligible status of residence, and there are no restrictions on the scope of work. There are no limitations on the type of job or working hours.
③ Application for “Spouse or Child of a Japanese National”
To be recognized as a spouse, you must show the Immigration Services Agency that a legal marriage has been established and that the marriage has a substantive reality. You need to explain the history of the relationship, including how you came to be married, with documents.
④ Procedures in the Event of Divorce or Death of the Spouse
Since the “Spouse or Child of a Japanese National” visa is for a Japanese national’s family member, if the marital relationship with the Japanese national changes due to divorce or death, the following procedures are required.
- 1) Notification Regarding the Spouse
You must notify the Immigration Services Agency within 14 days of the date of divorce or death.
- 2) Application for Permission to Change Status of Residence
If you wish to continue staying in Japan after a divorce (or death), you must change to a different status of residence. If you have been in a normal marital relationship in Japan for approximately 3 years or more, your application for a “Long-Term Resident” visa may be granted. When applying for this, you must submit a “Statement of Reasons” to the Immigration Services Agency explaining the reasons for the change. The content of this “Statement of Reasons” is very important.
If you apply for this change more than 6 months after the divorce, the Immigration Services Agency may evaluate your residency as poor, which could make it difficult to change to a “Long-Term Resident” visa. You must be careful not to delay the application.
Contact Us – Yokoyama Daisuke Gyoseishoshi Office (daisukeoffice.com)