Spouse Visa for Spouse of Japanese Nationals

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Spouse or Child of Japanese National Visa
Criteria
(For Spouse) Must be legally married.
(For Spouse) Marriage with substance.
(For Child) the child is “Born as a Japanese Child.”
(For Child) Regardless of whether the child is a legitimate or illegitimate child.
(For Child) Place of birth is not relevant.
Nessesary Documents
(i) Proof of legal marriage
(ii) Actual state of marriage
Substantiating documents are:
*How to fill in the ‘questionnaire’ ?
*Example of other substantiating documents:
(iii) Ability to pay expenses
If the guarantor has a regular income from work;
If the expense payer has assets;
Reference page:

Spouse or Child of Japanese National Visa

Criteria

1. In case of spouse: legal marriage to a Japanese person who is present. A marriage with substance.

2. In the case of a child: birth as a child of a Japanese national.

3. The scope of activity that can be performed is that of a spouse or child of a Japanese national. There is no any work restriction.

(For Spouse) Must be legally married.

“Spouse” means a person who is currently married, and does not include a person whose other spouse is deceased or divorced.

In addition, the marriage must be a legally valid marriage and does not include common-law spouses or de facto marriages.

(For Spouse) Marriage with substance.

Even if a legal marriage has been established, if it is not accompanied by the substance of marriage, i.e. living together, cooperating and supporting each other and leading a socially accepted common-law married life, it cannot be said to be an activity as a Japanese spouse, and the status of residence is not recognised. In order to be considered to be living together as a married couple in the socially accepted sense, it is interpreted that the spouses must be living together, unless there are reasonable grounds to the contrary.

(For Child) the child is “Born as a Japanese Child.”

This means, specifically, the following cases;

If either the father or the mother had Japanese nationality at the time of the birth.
If the father died before the birth of the person and the father was a Japanese national at the time of death.

If the father or mother renounced Japanese nationality after the birth of the person in question, this does not affect the fact that the person was born as a Japanese child and therefore falls under the category of “Spouse or child of a Japanese national” visa. (Nikkei second-generation).

However, for example, a Japanese immigrant who renounced his/her Japanese nationality in the country of immigration due to international marriage, etc. and subsequently had a biological child (Nikkei second-generation) born to a former Japanese parent, would be classified as a “Long Term Resident” (No. 3) visa and not as a “Spouse or child of a Japanese national” visa.

In addition, even if the father or mother acquires Japanese nationality after the birth of the foreigner, this does not make the foreigner a “person born as a child of a Japanese national”. In other words, even if a foreigner acquires Japanese nationality by applying for permission for naturalization, a child born before naturalisation does not fall under the category of “Spouse or child of a Japanese national” visa. (If the child is a minor, unmarried biological child, he or she falls under the status of “Long Term Resident” (No. 6 (a)) visa.

(For Child) Regardless of whether the child is a legitimate or illegitimate child.

Adopted children is not acceptable. Special adopted (Tokubetsu Youshi) child is acceptable.

Refers to the biological child of a Japanese national and includes a legitimate child as well as a recognised illegitimate child, etc. However, the adopted children are not included, but special adopted children are included. It means that children are only for the special adopted children under Article 817-2 of the Civil Code (Minpou), Japanese law. Similar systems under foreign law are not covered.

(Entering into a Special Adoption)
Article 817-2(1) At the request of a person becoming an adoptive parent, the family court may allow an adoption to be entered into which extinguishes the kinship between the child and the natural relatives thereof (referred to hereinafter in this subsection as a “special adoption”) if the requirements prescribed in the following Article through Article 817-7 are met.
(2) The permission referred to in Article 794 and Article 798 is not required in order for a person to make the request referred to in the provisions of the preceding paragraph.

(For Child) Place of birth is not relevant.

The term ‘born as a Japanese child’ includes persons born abroad, as there is no requirement that the child must have been born in Japan.

Nessesary Documents

(i) Proof of legal marriage

Japanese Family register (KOSEKI-TOHON): The one in which the marriage is recorded. Proof of legal marriage in Japan.
Marriage certificate or Family Register issued by an institution in the applicant’s country of nationality.

If married in a foreign system, a Marriage Certificate issued by a foreign institution + a copy of the Japanese family register (after reportable notification).

(ii) Actual state of marriage

This is the most important point for the “Spouse or Child of a Japanese National” visa. It proves that your marriage is not a sham.

Substantiating documents are:

questionnaire (for certification or change of status) to be completed by the Japanese spouse
documents relating to social interaction: photographs, call logs, email/chat records, etc.
letter of guarantee of identity (by Japanese spouse)

*How to fill in the ‘questionnaire’ ?

The questionnaire is available in various language versions, including Japanese, English, Chinese (simplified and traditional), Korean, Vietnamese, Portuguese, Spanish, Thai, Tagalog and Indonesian.

*Example of other substantiating documents:

Copy of passport if the Japanese spouse has travelled to your (spouse’s) country
A copy of the foreign spouse’s JLPT certificate or a copy of the Japanese spouse’s certificate in the language of the partner country
Curriculum vitae of the foreign spouse
A petition prepared by the Japanese spouse’s parents, relatives or friends, e.g.

(iii) Ability to pay expenses

First, you should make clear who, if anyone, will be the person responsible for paying the expenses. Then, prepare the following documents for that person (husband or wife). The guarantor can be a Japanese or foreign spouse or a relative living in Japan. However, if an other guarantor is required, a good reason and explanation of the circumstances will be necessary.

If the guarantor has a regular income from work;

a certificate of employment issued by his/her company
a copy of the tax return (if self-employed), a copy of the business licence, etc.
certificate of taxation and payment of resident tax for the most recent year

(If the person is TO BE employed: a copy of the employment contract, a copy of the letter of offer, etc.)

If the expense payer has assets;

a copy of the bank passbook
proof of pension benefits
statement of livelihood

Reference page:

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