The residence status “Spouse or Child of a Japanese National” is an essential qualification for foreign nationals who wish to live in Japan with their Japanese spouse. This status allows for unrestricted residence and employment in Japan. However, during the application and renewal process, marital status and the reality of the couple’s living situation are thoroughly examined. Understanding the procedures is crucial. This article provides a clear explanation of the residence period, renewal process, and employment opportunities for those with this status.
Overview of the Spouse or Child of a Japanese National Visa
The “Spouse or Child of a Japanese National” residence status is granted to foreign nationals married to Japanese citizens or to children of Japanese nationals. Once obtained, this status generally removes restrictions on employment and activities in Japan, granting holders the freedom to choose their profession and work without limitations.
Who is Eligible for the Spouse or Child of a Japanese National Visa?
- Foreign Nationals Married to Japanese Citizens
- This category applies to foreign nationals who are legally married to Japanese citizens. The marriage must be legally recognized. It is not necessary for the Japanese spouse to be the primary breadwinner; foreign spouses supporting the household financially are also eligible for this visa.
- Children Born to a Japanese and a Foreign Parent
- Children born to a Japanese national and a foreign spouse are eligible for the “Spouse or Child of a Japanese National” visa. Even if the child does not choose Japanese nationality at birth, this visa can be applied for to enable the child to live in Japan.
- Children Adopted as Special Adoptive Children of Japanese Nationals
- Foreign children adopted through a special adoption process approved by a Japanese family court, granting them the same legal status as biological children, are also eligible. This status allows foreign children of Japanese adoptive parents to live in Japan under this visa.
- Foreign children adopted through a special adoption process approved by a Japanese family court, granting them the same legal status as biological children, are also eligible. This status allows foreign children of Japanese adoptive parents to live in Japan under this visa.
Employment Restrictions
The “Spouse or Child of a Japanese National” visa offers significant freedom in terms of work, with virtually no restrictions on the type of employment. Holders can work for a company, manage their own business, or even take part-time jobs. However, certain professions, such as those in the adult entertainment industry, may be restricted under immigration laws. Careful attention to these regulations is advised.
Requirements for Obtaining the Residence Status “Spouse or Child of a Japanese National”
To obtain the “Spouse or Child of a Japanese National” visa, applicants must meet the following conditions:
- Legally Valid Marriage
- A legally recognized marriage between the Japanese national and the foreign spouse is essential. The credibility of the marriage is important, and the Immigration Services Agency conducts strict examinations to prevent sham marriages. To verify the authenticity of the marriage, factors such as cohabitation status, the duration of the relationship before marriage, living conditions, and the age difference between the couple are carefully reviewed.
- Stable Income or Means to Maintain Living Standards
- Economic stability is required to maintain life in Japan. It is not necessary for the Japanese spouse to be the primary source of income; the foreign spouse can also support the household financially. The key is to have a stable income that ensures the ability to sustain life in Japan.
Criteria for Determining the Duration of Stay
The duration of stay is typically set at 6 months, 1 year, 3 years, or 5 years, depending on the stability of the marital relationship and the applicant’s financial situation. If the marriage is stable and there is a solid income in Japan, longer-term stays of 3 or 5 years may be granted.
Thus, obtaining this residence status emphasizes the actual circumstances of married life in Japan and financial stability.
Points to Consider When Renewing the “Spouse or Child of a Japanese National” Visa
When renewing the “Spouse or Child of a Japanese National” residence status, the actual marital relationship and stable financial situation are key points of evaluation. If the information provided during the renewal application is inaccurate or insufficient, it may be considered a sham marriage, risking denial of the application. Below is a clear explanation of specific points to watch out for.
- Verification of Marital Reality: It will be confirmed whether the couple is living together in Japan. Living together as a married couple is a key factor in demonstrating the authenticity of the marriage. If cohabitation is difficult, it is necessary to provide a detailed explanation of the reasons and circumstances, as well as clarify any future plans for living together.
- Income Requirements: Whether the Japanese spouse is earning an income or the foreign spouse is the one providing financial support, it is essential to demonstrate the ability to maintain a stable living environment. If income is unstable or the couple is receiving public assistance, the review process is likely to be stricter. Therefore, it is crucial to show evidence of a stable income.
What Happens if the Japanese Spouse and Foreign Spouse Divorce or One Passes Away?
If a foreign national residing in Japan under the “Spouse or Child of a Japanese National” visa divorces or becomes widowed, it may become difficult to maintain this residence status. However, depending on the circumstances, it is possible to change to another residence status.
- In the Case of Divorce
If a divorce occurs, it is required to report the divorce to the Immigration Services Agency within 14 days. This is a legal obligation, and failure to report may negatively affect future residence status changes or renewals. It is essential to submit the report promptly.
If you wish to maintain your residence status after a divorce, you may need to apply for a change to another residence status, such as “Long-Term Resident.” However, this often requires a long period of stay in Japan and proof of independent living, so it is important to be aware of these requirements.
Additionally, if you have children with your Japanese spouse who are living in Japan, having children residing in the country may be advantageous for maintaining your residence status.
- In the Case of the Japanese Spouse’s Death
If the Japanese spouse passes away, it is legally required to report the death to the Immigration Services Agency within 14 days. Failure to report may negatively impact future residence status changes or renewals, so it is crucial to submit the report promptly.
If the foreign spouse meets certain conditions, they can continue to stay in Japan. To do so, they must apply to change their residence status from the current “Spouse or Child of a Japanese National” to another residence status. For example, by changing to a status such as “Long-Term Resident” or “Designated Activities,” it may be possible to remain in Japan, even if the relationship with the deceased Japanese spouse is no longer the basis for the residence status.
Required Documents for Application
Examples of Required Documents for Bringing a Spouse from Abroad to Japan
- Application for Certificate of Eligibility (COE)
- Photograph (4 cm x 3 cm)
- Koseki Tohon (Full Family Registry) of the Japanese spouse
- Marriage certificate issued by the relevant authority in the foreign spouse’s home country
- Proof of financial support for staying in Japan
- Letter of guarantee from the Japanese spouse
- Certificate of residence (Juminhyo) for the Japanese spouse, including all household members
- Questionnaire
- Documents proving communication between the couple (e.g., letters, photos, or other evidence of the relationship)
- Self-addressed stamped envelope
The documents listed above are basic examples. The required documents may vary depending on your previous residence status or specific situations, such as bringing biological children.
If you would like to know the exact documents required for your specific situation, please consult the Immigration Services Agency or contact us for further assistance.
Immigration Services Agency of Japan – Residence Status “Spouse or Child of a Japanese National”
Summary
The “Spouse or Child of a Japanese National” residence status provides broad freedom for living and working in Japan. However, during the renewal process, the authenticity of the marriage and financial stability are heavily scrutinized. Additionally, maintaining this status may become difficult in cases of divorce or widowhood. To sustain the visa over the long term, regular verification of cohabitation and income proof is required.