Can Same-Sex Couples Live in Japan?
Visa Options and the Designated Activities Visa Explained

Designated Activities Visa for Same-Sex Partners

Residence Status Options for Same-Sex Married Foreign Couples in Japan　(Designated Activities Visa Guide – 2025 Edition)

What Is the Designated Activities Visa in Japan?

The Designated Activities Visa is a flexible status of residence granted on a case-by-case basis by Japanese immigration authorities. It is commonly used when standard visa categories, such as spouse or dependent visas, are not available under Japanese law.

Can Same-Sex Couples Live Together in Japan?

Although same-sex marriage is not legally recognized in Japan, foreign same-sex married couples may still be able to live together in Japan by applying for a Designated Activities visa.

This article explains the legal background, eligibility requirements, application process, and important practical points for foreign same-sex couples who wish to reside in Japan lawfully.

Why Same-Sex Couples Use the Designated Activities Visa

Because same-sex marriage is not legally recognized in Japan, foreign same-sex couples cannot obtain spouse-based visas. The Designated Activities visa serves as an alternative pathway, allowing legally married same-sex partners to live together in Japan.

Legal Status of Same-Sex Marriage in Japan

Under current Japanese law, same-sex marriage is not recognized. As a result, visas such as:

• Spouse or Child of Japanese National
• Dependent Visa

cannot be granted on the basis of a same-sex marriage.

However, many countries around the world legally recognize same-sex marriage. As of 2025, these include (among others):

• North America & Oceania: United States, Canada, Australia, New Zealand
• Europe: Austria, Belgium, Denmark, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Netherlands, Norway, Portugal, Spain, Sweden, United Kingdom, Switzerland, Greece, Slovenia
• Latin America: Argentina, Brazil, Colombia, Uruguay, Costa Rica, Cuba, Ecuador, Chile, Mexico
• Asia & Africa: Taiwan, Thailand, Nepal, South Africa

When both partners’ home countries legally recognize their same-sex marriage, Japan may grant a Designated Activities visa to the non-resident partner, provided the other partner already holds a valid Japanese status of residence.

Recent Court Decisions and Legal Outlook

On November 28, 2025, the Tokyo High Court ruled that Japan’s current system—which does not recognize same-sex marriage—is constitutional.
This judgment went against a series of lower court decisions that had found the system unconstitutional.

Japan remains the only G7 country without legal recognition or comprehensive protection for same-sex couples.

Although future Supreme Court decisions may change the legal landscape, same-sex marriage legalization in Japan is not expected in the near future.
Therefore, immigration solutions such as the Designated Activities visa remain critically important.

Important Court Precedent (Tokyo District Court, 2022)

On September 30, 2022, the Tokyo District Court ruled that denying a Designated Activities visa to a same-sex couple consisting of a Japanese national and a foreign partner violated the constitutional principle of equality.

This decision significantly influenced current immigration practice and supports the continued use of the Designated Activities visa for same-sex couples.

Eligibility Requirements for the Designated Activities Visa (Same-Sex Partner)

Who Qualifies for a Designated Activities Visa as a Same-Sex Partner?

• Both partners are legally married in a country that recognizes same-sex marriage

• One partner already holds a valid Japanese residence status

• The relationship is genuine and ongoing

• Financial stability can be demonstrated

Immigration authorities carefully examine the following points:

1. Legal Same-Sex Marriage Abroad

• The marriage must be legally valid in both partners’ home countries.
• If either country does not recognize same-sex marriage, the visa will not be granted.
• Example:
  • ✔ Taiwanese–American couple → eligible
  • ✘ Taiwanese–Mainland Chinese couple → not eligible

Municipal partnership certificates issued in Japan (パートナーシップ証明書) are not considered equivalent to marriage certificates.

2. Genuine Relationship (No Sham Marriage)

Even for same-sex couples, Japan applies the same strict scrutiny as for spouse visas.

Applicants must demonstrate that the marriage is:

• Genuine
• Ongoing
• Based on a real partnership

The burden of proof lies entirely with the applicant.

3. One Partner Must Hold a Valid Japanese Visa

• One spouse must already reside in Japan with a valid status of residence.
• The resident spouse acts as the financial supporter and guarantor.

4. Financial Stability

• The couple must demonstrate sufficient income or assets to support daily life in Japan.
• The applicant is generally not allowed to work initially, so the resident partner’s income is crucial.

How This Visa Differs from Spouse or Dependent Visas

Unlike spouse or dependent visas, the Designated Activities visa for same-sex partners is not based on Japanese family law. It is granted through discretionary immigration review and does not involve a Certificate of Eligibility.

No Certificate of Eligibility (COE): What This Means in Practice

This Designated Activities visa is a non-notified category.
Therefore:

• ❌ A Certificate of Eligibility (COE) cannot be issued
• ❌ The applicant cannot be invited from abroad directly

This visa category does not allow issuance of a Certificate of Eligibility. As a result, applicants must enter Japan as temporary visitors and apply for a change of status after arrival.

Correct Application Flow

Application Flow: From Temporary Visitor to Designated Activities

1. Enter Japan with a 90-day Temporary Visitor status
   (15-day or 30-day stays are strongly discouraged)
2. Apply for Change of Status of Residence
   from Temporary Visitor → Designated Activities
3. Remain in Japan during review under the Special Extension Period

Why 90 Days Is Essential

• If at least 31 days remain, applicants may stay in Japan during the review under the Special Extension Period (up to ~2 months).
• 15-day or 30-day stays expire before review ends, making approval impossible.

Do not leave Japan while the application is under review. Departure invalidates the application.

Required Documents

The documentation is largely based on spouse visa requirements, including:

• Application for Change of Status
• Photo (4cm × 3cm)
• Marriage certificate issued abroad (For Taiwanese nationals: household registration record showing marriage)
• Passports & residence cards of both partners
• Resident certificate (Juminhyo)
• Written explanation of relationship history
• Guarantee letter
• Proof of financial stability
  • Employment certificate
  • Tax certificates
  • Salary slips
  • Bank balance certificates
• Photos of the couple together

In practice, additional written statements explaining the relationship in detail are strongly recommended.

Processing Time

• Reviews often take longer than standard visa applications
• Applicants may stay in Japan during the Special Extension Period
• Do not exit Japan during review

Work Restrictions Under the Designated Activities Visa

Employment is not permitted by default. However, holders may apply for permission to work up to 28 hours per week. Full-time employment requires a separate work visa.

• Designated Activities visa holders cannot work by default
• With a Permission to Engage in Activity Other Than Permitted, up to 28 hours per week is allowed
• For full-time work, a separate work visa should be considered

Frequently Asked Questions

Same-Sex Partner & Designated Activities Visa in Japan

Q1. Is same-sex marriage legally recognized in Japan?

No. Same-sex marriage is not legally recognized in Japan under current national law.

As a result, visas based on marriage—such as the Spouse of Japanese National visa or Dependent visa—cannot be obtained on the basis of a same-sex marriage alone.

However, foreign same-sex couples may still be able to live together in Japan through a Designated Activities visa, under certain conditions.

Q2. Can same-sex married couples live together in Japan?

Yes, in many cases.
Foreign same-sex couples who are legally married abroad may be allowed to live together in Japan by applying for a Designated Activities Visa (特定活動 Tokutei Katsudo).

Key conditions include:

• The marriage is legally valid in both partners’ home countries
• One partner already holds a valid Japanese residence status
• The relationship is proven to be genuine

Q3. What visa can same-sex partners apply for in Japan?

Same-sex partners generally apply for a Designated Activities Visa (non-notified category).

This visa is specifically used when:

• A standard spouse or family visa is not available under Japanese law
• Immigration authorities make a case-by-case judgment based on humanitarian considerations

Q4. Can I apply for a spouse visa or dependent visa as a same-sex partner?

No. Japan does not issue:

• Spouse of Japanese National / Spouse of Permanent Resident / Spouse of Long Term Resident visas
• Dependent visas

based on same-sex marriage.

Even if your marriage is legally recognized abroad, you must apply for a Designated Activities Visa instead.

Q5. Do both partners’ countries need to recognize same-sex marriage?

Yes. This is a critical requirement.

• If both partners’ home countries recognize same-sex marriage, the visa may be approved.
• If either country does not, the application will generally be refused.

Examples:

• ✔ Taiwan + United States → eligible
• ✘ Taiwan + Mainland China → not eligible
• ✘ UK + South Korea → not eligible

Q6. Is a Japanese Partnership certificate sufficient for immigration purposes?

No. Local Partnership certificates issued by Japanese municipalities (パートナーシップ証明書) are not recognized as marriage certificates for immigration purposes.

Only foreign marriage certificates issued by countries where same-sex marriage is legally recognized are accepted.

Q7. Is a Certificate of Eligibility (COE) issued for this visa?

No. The Designated Activities visa for same-sex partners is a non-notified status, meaning:

• A Certificate of Eligibility (COE) cannot be issued
• The applicant cannot apply from overseas using a COE

Q8. How do I apply if my partner is outside Japan?

The correct procedure is:

1. Enter Japan with a Temporary Visitor status (90 days)
2. Apply for a Change of Status of Residence to Designated Activities after entry

Short-term stays of 15 or 30 days are not sufficient.

Q9. Why is a 90-day Temporary Visitor stay required?

A 90-day stay is essential because:

• If at least 31 days remain, applicants can stay in Japan during review under the Special Extension Period
• 15-day or 30-day stays expire before the review is completed

Applying with a shorter stay often leads to automatic failure, regardless of eligibility.

Q10. Can I leave Japan while my application is under review?

No. If you leave Japan while your Change of Status application is pending, the application becomes invalid.

You must remain in Japan until the decision is issued.

Q11. Can I work under the Designated Activities visa?

By default, employment is not permitted.

However:

• You may apply for Permission to Engage in Activity Other Than Permitted (資格外活動許可Shikakugai Katsudo Kyoka)
• If granted, you may work up to 28 hours per week

For full-time employment, a separate work visa should be considered.

Q12. What documents are required for the application?

Key documents include:

• Application for Change of Status
• Foreign marriage certificate
• Passports and residence cards
• Written explanation of relationship history
• Guarantee letter
• Proof of financial stability (tax certificates, salary slips, bank statements)
• Photos of the couple

Immigration often requests additional documents, especially to confirm the genuineness of the relationship.

Q13. How long does the review process take?

Processing time varies, but:

• It is often longer than standard visa applications
• Applicants may stay in Japan during the Special Extension Period
• Leaving Japan during review should be avoided

Q14. How does Immigration determine whether the relationship is genuine?

Immigration authorities assess factors such as:

• Length and history of the relationship
• Communication records
• Shared residence and financial arrangements
• Consistency of written explanations

As with spouse visas, sham marriages are strictly investigated.

Q15. Is professional legal assistance recommended?

Strongly yes. Same-sex partner visa applications are:

• Discretionary
• Case-specific
• Closely reviewed

Professional assistance significantly improves:

• Document quality
• Legal explanations
• Response to immigration inquiries

Q16. Can this visa lead to permanent residency in Japan?

Potentially, yes. After residing in Japan continuously and meeting general requirements, holders of a Designated Activities visa may later become eligible for: Long-term residence, and Permanent residency. Individual assessment is required.

Q17. What is the most common reason for refusal?

Common reasons include:

• One partner’s country does not recognize same-sex marriage
• Insufficient proof of a genuine relationship
• Inadequate financial stability
• Procedural mistakes during the Temporary Visitor stage

Q18. Should we consult an immigration specialist before applying?

Yes. Early consultation helps avoid:

• Incorrect visa categories
• Missed procedural deadlines
• Evidence deficiencies

Summary

For foreign same-sex married couples, the Designated Activities visa remains the most realistic legal option to live together in Japan.

However, applications require:

• Careful legal analysis
• Detailed documentation
• Awareness of current court decisions and immigration practice

Common Misunderstandings About Same-Sex Partner Visas

• Local partnership certificates in Japan are not sufficient

• Short-term stays of 15 or 30 days are not adequate

• Leaving Japan during review invalidates the application

Why Choose YOKOYAMA LEGAL SERVICE OFFICE

Our office has extensive experience handling Designated Activities Visas for same-sex partners.

Our Services Include:

• Consultation before arrival in Japan
• English and Chinese language support
• Legal assessment tailored to individual circumstances
• Preparation of detailed legal opinion letters
• Complete application document preparation
• Submission and follow-up with Immigration
• Ongoing support for extensions and future permanent residency applications

 Please feel free to contact us for a confidential consultation.

Other Question?

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