I am a Permanent Resident Holder in Japan. I want to get my foreign wife/husband’s Spouse Visa.
PR spouse VISA requires your legal marriage in both home country. Marital status and sufficient income are key factors.
Spouse VISA of Permanent Resident
Are you a Permanent Resident Holder in Japan?
Do you want to get your partner’s VISA right now?
In order for Japan Permanent Resident holder to obtain his/her foreign partner’s spouse VISA, the couple must (ⅰ) have completed the legal marriage in their home country.
Then, (ii) after the legal marriage has been completed in both countries, they apply to the Immigration Office for the status of “Spouse or Child of Permanent Resident（永住者の配偶者等, Eijyusha no Haigusha tou)” in Japan. This is generally referred to as a ‘Spouse visa’, ‘Marriage visa’ or ‘Partner visa’. *Hereafter called “PR Spouse VISA”.
The PR spouse VISA can obtain Permanent Residency after 3 years stay in Japan.
In order to get married and live in Japan, 2 steps are needed: (1) marriage procedures and (2) application for a spouse visa.
The permanent resident spouse visa is for the spouse or child of PR holders
Spouse of a Permanent Resident
‘Spouse’ refers to a person who is validly married under law and who is in fact married. It therefore does not include de facto marriages (not in law) or same-sex marriages valid outside Japan. It also does not include former spouses who are divorced or bereaved from their permanent resident husbands or wives.
Furthermore, it is not enough to be legally married; the actual status of the marriage must be recognised. The actual status of the marriage is judged comprehensively, including the circumstances leading up to the marriage, the duration and content of the relationship, the method of communication between the couple and the state of married life.
This is to avoid an illegal stay in Japan through a sham marriage. Please note that if the marriage relationship breaks down after marriage, the permanent residency spouse visa may not be renewed or the visa may be cancelled.
As the spouse visa for permanent residency does not have the same academic and work experience requirements as a work visa, and allows the holder to work in the same way as Japanese nationals and permanent residents, sham marriages for the purpose of employment in Japan by persons who do not meet the requirements for a work visa have become a problem.
Therefore, the Immigration Bureau does not recognise the status of residence merely on the basis of legal marriage, and requires that the actual status of the marriage be submitted as substantiating material and explained.
Learn more: If you have two or more divorces
Natural children of Permanent Residents
A child is defined as a ‘biological child’. A biological child also includes a child born out of wedlock to a permanent resident and acknowledged. This also applies if the parent who was a permanent resident has died.
The type of visa depends on where the child was born. A spouse visa is issued for a biological child born in Japan, while a teijyusha visa is issued for a child born abroad.
If a child is born in Japan and one of the parents is a permanent resident, it is possible to apply for permanent residency within 30 days of the birth.
Born in Japan：Spouse of Permanent Resident VISA
※Within 30 days from born, he/she can apply for PR status.
Born NOT in Japan：TEIJYU SHA
Requirements for PR Spouse VISA
The requirements for the PR Spouse Visa are (1) legal marriage completed in both countries, (2) also a de facto marriage, and (3) sufficient financial resources.
（１）Legal marriage must have been completed in both countries
In order to apply for a permanent resident spouse visa, the permanent resident and spouse must complete legal marriage procedures in their home country.
（２）Marriage relationships that are not only legal but also real
The existence of a de facto marriage means that it is a genuine marriage. In the past, many marriages between permanent residencies and foreigners have been sham marriages for the purpose of working in Japan. Therefore, the immigration authorities strictly examine whether the marriage is a genuine marriage.
（３）Financial capacity to live in the marriage
The Immigration Bureau will examine whether you and your spouse have sufficient financial capability to live in Japan. It is verified that one or both spouses have sufficient income and assets to maintain their lifestyle. If you have a low income due to circumstances such as unemployment or illness, you will need to be able to explain that there are no problems with your living situation for the foreseeable future.
In addition, if both spouses are living abroad at the moment, or if they are elderly and retired, the key point is whether they have financial means in Japan.
Compliance with laws and regulations in Japan
If the applicant is already in Japan and wishes to change or extend the current visa, the Immigration Law does not permit this unless the applicant is in proper compliance with the laws and regulations in Japan.
Furthermore, all previous applications to the Immigration Bureau are recorded by the authorities. Any discrepancies with past applications may result in denial.
Period of stay
The duration of stay on a spouse visa is either six months, one year, three years or five years; holders of a spouse visa who have been granted a period of stay of three years or more may also apply for permanent residency if they meet the requirements for a permanent residency application.
（Note：How to get 3-years VISA for PR Application ）
Spouse VISA advisory
International marriages vary from country to country and marriage situation to situation. The Immigration Bureau of Japan strictly examines the required documents and the facts explained. Therefore, even if you apply according to the Immigration Bureau’s website, your spouse visa may still be refused. If you have any concerns, please do not hesitate to contact us.
18 years’ experience in Investment Banking at Mitsubishi UFJ Morgan Stanley (JV, MUFG Bank and Morgan Stanley). He had provided financial advisory more than 500 entrepreneurs and senior management.
During his tenure, he worked as an employee union executive committee member in promoting diversity, including the active participation of foreigners and women in the office, and engaged in activities to improve the working environment. He specializes in financial consulting and VISA/PR consulting.
Gyoseishoshi Immigration Lawyer
CMA(Japanese financial analyst license)
CFP (Certified Financial Planner)
Master of Business Administration in Entrepreneurship