Residence permit by social standing | Spouse visa injapan

"Status of Residence" allowed by personal identity

"Status of Residence" with unlimited work activities

"Status of Residence" refers to the commonly referred "Working Visa".
In the previous page, we introduced the types of status of residence that are approved mainly for those who wnat to work or study in Japan. On this page, we will explain "Status ofResidence" which is given based on personal identity or social standing, with no restrictions onemployment.

"Status of Residence" is divided into 4 types

In a typical example, when a non-Japanese national marries a Japanese national, a family that has been living for a long time in Japan as a residual orphan as a scar of world war, or children born as Japanese children, etc., There are various cases, Shown below in a table.


Status of Residence	Personal relationship orstatus on which the residenceis authorized	Examples	Period of Stay
Permanent Resident	A person authorized by the Minister of Justice to permanently reside in Japan	A person authorized by the Minister of Justice for permanent residence. (except for special permanent residents under the Immigration Special Act)	Unlimited
Spouse or Child of Japanese National	A person officially recognized as a Japanese spouse under Japanese law. Or a person who is legally recognized as a Japanese child.	Spouse, legal child, or child adopted by a Japanese national under Japanese law.	5Y, 3Y, 1Y, 6M
Spouse or Child of Permanent Resident	A person recognized as a permanent spouse under Japanese law. Or a person who is legally recognized as a child of a permanent resident.	Legal spouse or legal child of permanent resident.Or special permanent resident who was born and continues to reside in Japan.	5Y, 3Y, 1Y, 6M
Long Term Resident	A person who has been designated as resident in Japan under the designation of the period of stay by the Minister of Justice given special circumstances.	Refugees accepted for third-country resettlement, Japanese relatives, Japanese children, or children from countries other than Japan that can be legally identified as parent and child.	5Y, 3Y, 1Y ,6M or a term designated by the Minister of Justice (5 years or less

Those who have acquired the above qualifications will not be subject to any restrictions on employment. Indeed, they have almost the same rights in Japanese society as Japanese nationals.
However, except for marriage and born children, it is a basic condition that they have been living in Japan for a long period of time, and that they have made social contributions to Japan without causing social problems.
Unfortunately, those who have lived in Japan for several years and paid taxes do not fall under the category.

Relationship between marriage and "Status of Residence"

working visa for marrige Even if we say "national marriage" in a little word, it is differ greatly from the case where 2 persons both with Japanese nationality are approved only by filing a marriage registration with a Japanese government agency.
Furthermore, there is a big problem.

【Major issues in international marriage】

Even if a foreign national and a Japanese national get married, a foreign national cannot obtain Japanese nationality, so if you two wish to living together in Japan a foreign national will need a"Status of Residence". That's an important issue for the couple. (However, there is no problem if you already have another "Status of Residence".)
The marriage procedure itself is very easy. However, if you are not used to proceedings with government agencies, it will be a very confusing task to understand the procedure for obtaining your "Status of Residence".
In that case, "Status of Residence" corresponds to "Spouse or Child of Japanese National".
In principle, after submitting a marriage report to government agencies in both Japan and yourhome country, you must obtain a marriage certificate from each country. This is because it is a minimum required attachment for applying for a “Spouse or Child of Japanese National” .

【How to get "Status of Residence" so that you can live in Japan with partnerafter marriage】

With regard to international marriage, there are various procedure cases of international marriage depending on the circumstances of the persons trying to get married. Here are some typical examples:

If you already have some “Status of Residence” and you get married while you are in Japan,you are entitled to change your status of residence to “Spouse or Child of JapaneseNational”. If you wish to make a change, you must apply for a change procedure.
(See also change of "Status of Residence")
If you and a Japanese national meet and marry in a country other than Japan (assuming that the Japanese maintains Japanese nationality), if you want to live together in Japan then you You will need to obtain a new "Status of Residence". Of course, you can apply for a new “Status of Residence” for working, (However, the host company must already bedetermined ), but if you want to obtain a “spouse” visa, first your Japanese partner will return to Japan, then apply for pre-approval of your “spouse” visa. The best way to enterJapan after obtaining "Certificate of Eligibility" is the best way.
*You can also apply for a “spouse” by entering a tourist visa, but there is no guarantee thatyou will be approved to change your “Status of Residence” within the tourist visa period.
(Basically, it is not permitted to change the “Status of Residence” from a tourist visa.)

Anyway, you will have to take some procedural steps to get newly or change your "Status ofResidence".

International marriage procedures and certification

・Assuming procedure to live together in Japan after marriage.

　[Registration of marriage to Japan]

(First Step)
●Submission place.
・At a Japanese Government office. (市役所＝Shi-yakusho or 区役所＝Ku-yakusho or 役場＝Yakuba)
[It means the government agency that has jurisdiction over the address where you live. Inthe following, it is collectively referred to as "Japanese government office"]
● Notification form to submit.
・Marriage registration (Forms are available at the public office window)
● Items to prepare in advance

	Japanese nationality	Foreign nationality
Submissionto prepare	・Your Seal ・Identification card 　 (driver's license card, passport, etc.) ・Family register copy　※１　(Check at reception if it is necessary)	・Your passport ・"Certificate of Legal Capacity to Contract Marriage"　 (結婚要件具備証明書＝Kekkon-youken gubi shou meisho) ※２

※1 It will not be necessary if your permanent address and the office to submit a marriage registration are in the same place.
※２ "Certificate of Legal Capacity to Contract Marriage" will be explained in detail below, but please be aware that there are some countries that don't have documents with the same name as this certificate.

【What is "Certificate of Legal Capacity to Contract Marriage"? ＝ Certificate of being single】

When you try to submit a marriage report, the Japanese government office will require yourformal identification about personal identity.

(The meaning of this document is twofold.)

Proof that the notification person is single.
Proof that there is not a legal problem about the notification person getting married.
※The notification person has reached the age at which he/she can marry under the laws of home country, or not being prohibited from marrying a person in other countries, or checking if she have already cleared the re-marriage ban period, etc.

The above description document is very important. In addition, there may not be a certificate called "Certificate of legal capacity to contract marriage" in your country, in that case, please check the corresponding documents at the window of the Japanese government.

(About the reason why the above documents need to be submitted)

you need to clear conditions to marriage We hope you to understand well that an important focus of the Japanese government is that they want to make sure based on the submitted documents that the foreign national is single. It means that there is no legal spouse in their home countries.
The main reason is that Japanese law absolutely prohibits polygamy and bigamy. And anyone who violates Japanese laws related to that situation is equal to felony.
In other words, Japanese government agencies can not bear the burden of producing felony, so they need to check your identity carefully.

Therefore, you need to research well in advance what documents from government agencies in your country can meet their needs. Also, at the same time, it is impossible for the Japanese government to tolerate an act that violates the laws set by other countries.
If you remember the above point of view, you may be able to deduce what documents of your country can inevitably prove them.
(By the way, our administrative scrivener office has information about submissions that can correspond to each countries. Please contact us if you have trouble dealing with it.)

　 [Registration of marriage to the country other than Japan]

(Second Step)

["Marriage notification receipt certificate" (婚姻届け受理証明書=Konin todoke juri shomei-sho ) ]

After the marriage report is accepted at a Japanese government office, you need to obtain a "Marriage notification receipt certificate". It will be a documentary evidence of your marriage registration in Japan. That document will be issued from a Japanese government office on the same day when the marriage notification is submitted to there.
From here onwards, correspondence varies widely depending on your home country.
Based on that document, you have to report to the your country's embassy in Japan or directly to the government office of your home country. Roughly speaking, each country has different methods and rules, and the required attachments vary. You should check well with the consulate or your home country's government agency about them.

In any case, the ultimate goal of this step is to get approval of the fact that you have married a person of Japanese nationality from a governmental agency in your country.
And the most important thing is to get a certificate that proves the fact that you got marriedfrom there.

[What is the "Marriage notification receipt certificate"?]

It proves that 2 people were recognized as a formal couple (夫婦＝Hufu) by Japanese law.
The official documents for proving a couple in Japan are a copy of the family register (戸籍謄本＝ Koseki-touhon), but for a newly married couple couples, the government office must prepare and register new family register. However, this registration takes quote about a week. So, many people use this certificate as a document of evidence to substitute for a copy of the family register. On the other hand, there is no problem in waiting for the official issuance of a copy of the family register, especially if the procedure is not urgent.

　

【What to do if "Certificate of Legal Capacity to Contract Marriage" does not exist in your country】

Your home country may not have the applicable documents applicable to the above. In that case, please correspond as follows.

Making a formal affidavit for getting a status of residence (Making a formal affidavit)
Go to your country's consulate in Japan and swear in front of the clerk:

I have already reached the age of marriage specified by law of my home country.
I have no legal issues regarding marriage with Japanese nationals.

At this time, you will need to present your passport as an identification card. In addition, you will need to confirm other required certificates in advance. Having explained the above to the consulate, then you should request them to create a formal affidavit of that contents as an official document. Finally, add your own signature on it.
When submitting it to a Japanese government, you must also submit a document that has been translated into Japanese. And it also requires the signature of the person who translated it.

　　　　　　　　　　　　[Acquisition procedure of "Status of Residence"]　

(Final Step)　

Finally, apply for "Status of Residence" for a foreign national to the Regional Immigration Bureau. Although various submissions are required until the permission, basically, the Regional Immigration Bureau focuses on the following 2 items, and checks whether "Spouse or Child of Japanese National" can be approved from documents and interviews submitted by married couple. The souce of income is important for maritial life

The truth of marriage.
Economic power.

Each item is explained below.

[ A. The truth of marriage ]

It may sound like a very rude word to you, but one of the condition is that the applicant is not a "fake marriage". By the way, in recent years. Like a fish that slips through the meshes of a net, unfortunately, fake marriages have been increasing in Japan. whose original purpose is toget a "Status of Residence" for work in Japan. Because, in order to obtain the "Status of Residence" approval for working in Japan, various personal abilities and educational background required. (Please refer to the guidelines)

cecking fake marriage for status of residence However, acquisition of "Spouse or Child of Japanese National" belonging to "Status of Residence" does not require any personal abilities or skills. Moreover, There are no occupational restrictions for that qualification.
In other words, it is possible to do business without sociality freely. For foreign nationals those who want to work in Japan and earn money more quickly, no other attractive qualification is found.

But in this respect we have to think well that their free activities have the potential to adversely affect the economy and order of Japanese society. One example that clearly shows the negative impact on Japanese society is the damage from marriage fraud.
Therefore, the regional immigration bureau wants to deny those doubts completely.

[ B. Economic power ]

Approval element for status of residence In addition to the above, the important point is the economic power of the household. Usually, a foreign national is the applicant for the "Status of Residence" and the applicant's Japanese national partner will be required by the Regional Immigration Bureau to become a guarantor.

By the way, if you are a non-japanese people who has already obtained a "Status of Residence"(working visa) and you are working in a Japanese company, that married couple may be thinking about using your income for future living expenses.
However, it is normal for foreign nationals to feel that there is no guarantee that we will continue working semi-permanently in the same company in Japan. The Regional Immigration Bureau is thinking the same.
To wipe out that fear, the income of the guarantor is considered to be an important factor to lead a stable life.

The design for stable living income is to maintain the marriage life of the two peoplecontinuously, and the regional immigration bureau is recognizing that seriously considering thefuture of the two people will also lead to the truth of marriage. By the way, because the marriage between students does not have stable income, the probability of being approved "Spouse or Child of Japanese National" becomes very strict.

【Required documents to obtain "Spouse or Child of Japanese National"】

Application form for "Status of Residence"
Two photos of the applicant's face.
(40 mm long x 30 mm wide, There are other strict rules as well.)
Document that proves the fact of getting married.
　・A copy of the "Marriage notification receipt certificate" or "Family register copy" issued in Japan as described earlier.
・ "Marriage certificate" issued by the government of the home country of foreign nationality
Certificate about occupation and income of foreign nationality and Japanese nationality.(The following documents apply)
　・Tax payment certificate of resident tax.
　・Taxation certificate of resident tax.
　・Income tax payment certificate
　・Tax return.(If it does not, it will be the last 3 months salary statement)
　・Certificate of employment issued from work place.
Certificate of guarantor.
Reason book
・Write reasons why a person of foreign nationality really need "Spouse or Child of Japanese National".
Attached document
(The following items can be mentioned as evidences to prove the trueness of marriage)
　・A copy of the rental agreement for the residence, or a copy of the home purchase.
(As proof of living together)
(If the partner is the guarantor of the contract, the impression is even better.)
　・Some photos to prove past dating and engagement time. And photos related to the wedding.
・Copy of letters and correspondence agencies during dating.etc.

In any case, please collect and submit evidences that allow a third party to recognize the circumstances of the 2 parties who seriously considered the other party during the dating period and reached marriage. Keep in mind that the main purpose is to prove that it is not an application for "Status of Residence" by fake marriage.
(Good luck!)

"Status of Residence" which baby needs

Relationship to "Dependent"　(What is "Dependent"? See here)
Depending on the nationality of the born child's parents, the procedure for "Status of Residence" will vary.

Ⅰ. When both parents are foreign nationals other than Japan.
Ⅱ. When one parent has Japanese citizenship and the other is foreign national other than Japan.

Let's take a look at them in order...

I. When both parents are foreign nationals other than Japan.

When baby's parents are foreign nationals and staying in Japan with some "Status of Residence", their baby born in Japan cannot acquire Japanese citizenship. Then, so the question is "What should the parents do?" child birth procedure

In order for babies to stay in Japan with their parents, it is necessary to obtain a "Status of Residence". Under Japanese law, If you plan to stay in Japan with your babies for more than 60 days from the birth date of them, you need to apply for a "Status of Residence" at the Regional Immigration Bureau within 30 days of your baby's birth date.
Naturally, the babies can not take care of themselves, so either one of their parents must be obtained the parmission as a legal representative. If it takes more than 30 days, it will be very difficult to apply for the "Status of Residence" for babies.
In addition, if you have not applied for more than 60 days, your babies will be treated as aoverstay person and get into a serious situation.
But, if you are planning to leave from Japan within 60 days of their birth day, this procedure is unnecessary for your babies.

Ⅱ. When one parent has Japanese citizenship and the other is foreign national otherthan Japan.

If baby's mother or father has Japanese nationality, baby born in Japan can obtain Japanesenationality. Therefore, as in the case above, there is no need to apply for the "Status of Residence" for babies. However, as in the case of the birth procedure of Japanese nationality, within 14 days you need to go to the Government Office (市役所＝Shi-yakusho or 区役所＝Ku-yakusho or 役場＝Yakuba) that has jurisdiction over the address where your address.
And submit birth notification of your babies.

【Flow until "Status of Residence" acquisition related to the above Ⅰ.】

Birth Notification to the Government Office. (市役所＝Shi-yakusho or 区役所＝Ku-yakusho or 役場＝Yakuba)

Relationship to Within 14 days you must go to one of the above Government office that has jurisdiction over the address where you live and submit birth notification of your babies. When you submit a notification of birth, a "birth notification acceptance certificate" is issued from there.

Next, apply to your home country's embassy in Japan for birth notification and issuance of a passport for your babies.

Next, apply for "Status of Residence" for your baby to the Regional Immigration Office, which has jurisdiction over your resident address. As noted above, be sure to go within 30 days of your baby's birth date. When your babies have obtained a "Status of Residence", present your baby's passport. And you'll receive your baby's "residence card" at that time.

(The items you should bring to the Regional Immigration Office are:)

Application for permission to obtain status of residence.
The official name is"PERMISSION TO ACQUIRE STATUS OF RESIDENCE"
Baby's passport. (Passport issued at the embassy mentioned earlier)
Birth certificate issued at the municipal office or Mother-child notebook received at that place.
A document proving the resident issued by the municipality (documents in which the whole family including the baby living together is written) ・Document is called 住民票＝jumin-hyou.
Parent's residence card. And copy of passport.
Documents to prove the occupation and income of parents (For example, Proof of earnings, Withholding slip, Salary statement,Taxation certificate of resident tax etc.)

-Thank you for reading-

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