If you’re living in Japan and are marrying someone who holds Permanent Resident (永住者) status, you may be wondering what visa options are available to you. The answer lies in the “Spouse or Child of a Permanent Resident” (永住者の配偶者等) visa. This visa allows you to live and work in Japan without the limitations imposed by some other visa types, making it a valuable option for those planning to establish their lives in Japan.
In this article, we’ll explain who qualifies for this visa, how it applies to various situations, and what happens to your visa if your marriage ends. We’ll also touch on the application process for changing your status from a work visa or student visa to the “Spouse of a Permanent Resident” visa.
Who Is Eligible for the “Spouse or Child of a Permanent Resident” Visa?
The “Spouse or Child of a Permanent Resident” (永住者の配偶者等) visa applies to the following individuals:
- Spouses of Permanent Residents: If you marry a Permanent Resident of Japan, you are eligible to apply for this visa. The marriage must be legally recognized in the country where it took place, and it must not be a marriage of convenience (i.e., one arranged solely to obtain a visa).
- Children of Permanent Residents Born in Japan: If a child is born in Japan to parents where one holds Permanent Resident status, the child can apply for this visa. This does not apply to children born outside Japan—those children typically need to apply for a different visa type, such as a “Long-Term Resident” (定住者) visa.
However, it’s important to note that Spouses of Special Permanent Residents (特別永住者)—a category primarily for individuals of Korean or Chinese descent who have resided in Japan since before World War II—follow different procedures and are not covered in this article.
Can I Change My Visa to the “Spouse of a Permanent Resident” Visa?
If you are currently in Japan on a work visa (such as the “Engineer/Specialist in Humanities/International Services” visa) or a student visa, and you marry a Permanent Resident, you can apply to change your visa status to the “Spouse of a Permanent Resident” visa. This allows you to live and work in Japan without the job-specific restrictions that may apply under your current visa.
To change your visa status, you will need to submit an Application for Change of Status of Residence (在留資格変更許可申請) to the Immigration Services Agency of Japan, along with supporting documents proving the legitimacy of your marriage, financial stability, and other necessary information.
What Are the Benefits of the “Spouse of a Permanent Resident” Visa?
One of the main advantages of this visa is that there are no employment restrictions. Unlike many other visa types, the “Spouse of a Permanent Resident” visa allows you to work in any field in Japan. You can be self-employed, take on multiple jobs, or even start a business without needing additional permissions.
You are also not limited to the type of work you do, which can be especially beneficial if you’re currently on a visa that restricts your employment to specific categories (e.g., teaching or office work). Additionally, there’s no need to apply for a Work Permit (資格外活動許可) to take on part-time jobs.
Key Application Considerations
1. Marriage Validity
The most critical factor for the success of your visa application is proving that your marriage is genuine. Immigration authorities are vigilant about preventing “sham marriages” that are conducted solely for immigration purposes. To demonstrate the legitimacy of your relationship, you’ll need to provide various documents such as marriage certificates, photos, and possibly a questionnaire explaining the history of your relationship.
2. Financial Stability
You or your spouse must show that you have the financial means to support yourselves in Japan. This could include salary information, bank statements, or tax records. Both spouses’ financial statuses are taken into account.
3. Application Documentation
The required documentation varies depending on whether you are changing your visa status from a work or student visa or applying for the first time. However, common documents include:
- Marriage certificate (婚姻証明書)
- Certificate of residence (住民票) of your spouse
- Tax certificates (納税証明書) proving your financial situation
- Photos and correspondence to prove the relationship’s legitimacy
What Happens If the Marriage Ends?
If your marriage to a Permanent Resident ends—whether through divorce or the death of your spouse—your “Spouse of a Permanent Resident” visa may no longer be valid. In such cases, you would need to change your visa status or leave Japan, depending on your circumstances. It’s advisable to consult with a visa specialist or immigration lawyer if your marriage ends, to explore your options.
How Long Can I Stay in Japan with This Visa?
The initial period of stay granted under the “Spouse of a Permanent Resident” visa can be 6 months, 1 year, 3 years, or 5 years, depending on your circumstances. You can apply to extend your stay through a Renewal of Period of Stay (在留期間更新許可申請), provided your marriage remains valid and your financial situation remains stable.
Need Expert’s Help?
Navigating visa applications can be complex, especially when it involves changing your current visa status or submitting extensive documentation to prove the legitimacy of your marriage. Our team of experienced visa professionals can help you submit an accurate and complete application to avoid delays or complications. Contact us today for assistance with your application for the “Spouse of a Permanent Resident” visa.
