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When you get married with Japanese or Permanent Resident, you would like to live with your wife or husband in Japan or your country. If you were Japanese, it would be first and only step to report your marriage to a city hall. There are no other legal procedures to live with your spouse in Japan.
But since you are non-Japanese citizens, you have to consider to get Spouse VISA from the Immigration Service Agency in Japan. You might think you could easily get Spouse VISA if you legally get married with Japanese or Permanent Resident, but actually the inspection over Spouse VISA application is quite strict since they find fake marriage by some applicants who tried to illegally enter to Japan.
You need to prove your marriage is not fake marriage and you are prepared to start your marriage life in Japan. In this post, I’ll explain procedures of International marriage with Japanese, types of Spouse VISA (Spouse of Japanese and Spouse of Permanent Resident) and the points the Immigration will check.
Procedures of International Marriage with Japanese
You need to understand you need to create marriage status in Japan and your country. Some countries allow their citizens to create marriage status with Japanese by reporting embassies in Japan submission of marriage report to Japanese authority. Other countries require their citizens to proceed in accordance with the marriage law in their countries. You need to check how you could create marriage status with Japanese in your country and you also need to report your marriage with Japanese to a city hall of permanent address or address of your Japanese Spouse’s address or your address in Japan.
the documents you need to submit could be changed by your nationality, so you need to check what you need to prepare with city office and embassies of your countries.
This is the explanation about the marriage procedures with Japanese. If you would like to get married with non-Japanese who has permanent residence in Japan, the procedures are different from these procedures. You need to check your marriage law of your country and marriage of of your spouse.
Types of Spouse VISA (Spouse of Japanese and Spouse of Permanent Resident)
If you would like to live with your spouses in Japan, the next step after marriage procedures is application of Spouse VISA to Immigration Bureaus in Japan.
Spouse of Japanese
This is the VISA you could apply for when you get married with Japanese and start your marriage life in Japan. You need to get married with Japanese who has nationality for Japan.
Spouse of Permanent Resident
This is the VISA when you could apply for if you get married with Permanent Resident and live in Japan.
There is no limitation working in Japan with these VISA status. So, you don’t need to get permission for part time job unlike international students and Dependent VISA holders. You could even get full time positions with this VISA status without changing into Working VISA.
Points of VISA application of Spouse VISA
Here are the points you need to prove to get Spouse VISA.
1.You have legally valid marriage status
Japanese law requires to create marriage status in both counties of Japanese spouse and foreign citizens when they claim they have valid marriage status in Japan. That means you can’t claim your marriage is valid if you just finished marriage procedures in Japan.
2. You also have to show you actually engage in marriage life with your spouses
Since the Immigration Office strictly reviewed applications of Spouse VISA to find fake marriage. You need to show you actually engage in marriage life in Japan. That is why the Immigration Office ask you to submit snapshot of the couples, record of communication.
3.Economical ability is not direct requirement
You might hear you or your spouse need economical ability to get the Spouse VISA. It is true that the Immigration Bureau check annual income and estate of you and your spouse.
But if you read guideline from the Immigration Service Agency, there is no rule or requirement which state applicant have to have economical ability. So, they can check economical ability as one of elements to find your marriage is real marriage.
So, when we handle the Spouse VISA applications, we’ll also submit alternative evidence to show you could still engage in marriage life in Japan even through your annual income is quite lower by submitting the documents like Deposit Certificate and job offering for applicant or Japanese spouses.
Documents you need to submit
When you would like to apply for Certificate of Eligibility or VISA change into Spouse VISA, you need to submit the following documents.
Spouse of Japanese.
Application
Photo
Family registration（戸籍謄本：全部事項証明書）of Japanese Spouse
Marriage Certificate from your country
Certificate of Taxation or Tax payment
Letter of guarantee
Residential record(住民票）for whole family of Japanese Spouse
Questionnaire（質問書）
Snap shots
If you apply for Certificate of Eligibility, you also need to submit an envelope with stamp for 404 yen. When you apply for VISA change, you need to show your passport and residential card.
you are not guaranteed to get the Spouse VISA even though you submitted these documents. you need to think whether you need to submit additional documents to prove you meet the requirements to get the Spouse VISA.
Spouse of Permanent Resident
Application
Photo
Marriage Certificates from your country and country of Permanent Resident
Certificate of Taxation or Tax payment
Letter of guarantee
Residential record(住民票）for whole family of Permanent Resident
Questionnaire（質問書）
Snap shots
About same sex marriage
If you get married with Japanese or Permanent Resident who has same sex with you outside of Japan, you can’t apply for the Spouse VISA. In 2020, Japanese law does not allow same sex marriage so the government has the position that they don’t issue the Spouse VISA for same sex marriage couples.
But if you legally get married with your partner in accordance with the law of other nations which allow same sex marriage, you could apply for Designated Activity VISA for Same Sex marriage.
These are information about getting Spouse VISA. Some foreign citizens and their Japanese Spouses get rejections for Spouse VISA. You need to understand that you have the responsibility to prove you meet the requirements of the VISA according to Immigration Law of Japan. If you have difficulty or concern over Immigration Procedures for the Spouse VISA, I strongly recommend you to get advice from the professionals.
Daichi Ito
Immigration Lawyer (Gyoseishoshi)
080-5183-4897
daichiito@kamalegal.com
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Kamakura International Legal Service is the boutique firm on Immigration Procedures. We are also eager to support foreign citizens who get rejection for their VISA application from the Immigration Bureau so they could get VISA again.
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