When marrying a Japanese national and wishing to live together in Japan, foreign nationals are required to obtain a residence status. While it’s possible to obtain a work-related visa, such as the “Engineer/Humanities/International Services” visa, if you have secured employment in Japan, I would like to provide an explanation of the more commonly acquired residence status: “Spouse of Japanese National.”

For convenience, I’ll refer to it as the “spouse visa” from here on.

 

This blog  in Japanese　　「日本人の配偶者等」のビザ取得についてわかりやすく！国際結婚編

Related blog                        Certificate of Eligibility for Spouse Visa When Both Spouses Reside Abroad

 

 

What is the “Spouse visa”?

This residence status applies not only to spouses married to Japanese nationals but also to foreign nationals who are born as children of Japanese nationals or who are adopted as special guardians by Japanese nationals for living in Japan. In this article, I’ll explain the residence status for spouses married to Japanese nationals. While the name “Spouse or Child of Japanese National” may imply that anyone married to a Japanese national is eligible, there are various requirements and precautions that need to be addressed.

 

 

Requirements

 

1. The term “spouse” refers to those in a legally valid marriage. Therefore, a legally recognized marriage in Japan is required, excluding common-law marriages or same-sex marriages. Additionally, this status does not apply in the event of the Japanese spouse’s death or divorce.

2. Unless there are valid reasons, living together as a married couple is required.

 

Article for same-sex marriage     How to bring a same-sex partner to Japan

 

 

Characteristics of the “Spouse visa”

1. No restrictions on activities during your stay in Japan. Even jobs considered as simple labor are allowed, such as factory line work or convenience store jobs.
2. There is no requirement to be financially dependent on the Japanese spouse. For example, it’s possible for a spouse to obtain the “Spouse visa” even if the Japanese spouse is a stay-at-home husband and the foreign spouse provides financial support.

 

 

Required Documents for COE
(when inviting a spouse living overseas to Japan):

 

•  Application for Certificate of Eligibility
•  Japanese spouse’s family register (koseki tohon)
•  Marriage certificate issued by the applicant’s country of nationality
•  Documents proving the applicant’s ability to cover living expenses in Japan
• The most recent year’s income tax certificate (or non-taxation certificate) and tax payment certificate for the person who will support the applicant’s living expenses (indicating the total income and tax payment status for one year)
•  Certificate of guarantor issued by the Japanese spouse
•  Copy of the residence certificate listing all members of the household of the Japanese spouse
•  Questionnaire – should be filled by the Japanese spouse
•  Snapshots of the couple

 

 

Points of Review

In the review of the Spouse visa, two main aspects are considered. Firstly, the credibility of the marriage itself (i.e., whether it’s a sham marriage), and secondly, whether there’s sufficient economic capability to sustain the marriage.

 

1. Credibility of the Marriage

– Cases with a significant age difference between spouses are often scrutinized. A gap of over 20 years, in particular, may lead to stringent examination. In such cases, detailed documentation regarding how the couple met, the progression of their relationship, reasons for getting married, etc., are necessary to prove the genuineness of the marriage.

– Past marital history: If either the Japanese spouse or the foreign applicant has a history of divorce from a Japanese national or foreign national spouse, there may be suspicions of repeated sham marriages. In such cases, careful documentation is required to demonstrate the credibility of the marriage.

2. Economic Capability

– Submission of household income and savings, proving that there are no financial issues in living in Japan.

 

 

Conclusion

 

As illustrated, merely marrying a Japanese national and submitting a marriage certificate does not guarantee the acquisition of a spouse visa. It’s necessary to prove the credibility of the marriage and demonstrate economic capability.

At Amie Immigration Law Office, we conduct thorough interviews with Japanese nationals and spouses living overseas via platforms like Zoom to create necessary documentation and demonstrate the credibility of the marriage and economic capability. Please feel free to contact us for further assistance.

 

 

Profile

Ami Ito　　Immigration lawyer in Tokyo, Japan

– Spent high school years in the U.K. and graduated from a local school.
– Studied mainly intercultural communication at Sophia University’s Faculty of Foreign Languages, English Department.
– Worked in the overseas department of SEIKO for 11 years after graduation.
– Over 10 years of experience teaching English to high school students, with a TOEIC score of 970 and a Class A level in the United Nations Associations Test of English.
– Serves as a board member in charge of international affairs at the Chiba Administrative Scrivener Association.
– Officially registered on the Financial Services Agency’s “List of Professionals (Administrative Scriveners) in Chiba Prefecture capable of providing services in foreign languages.”