How to Bring Children with Ex-Spouse (Stepchildren) to Japan? [Successfully Resolved]

Details about the case

Our client, Mrs. A (Japanese), wanted to bring her stepchild from her foreign husband (permanent resident) to Japan.

However, she was unsure of which type of visa to apply for, or what kind of materials she needed to prepare.

So, she has consulted us for help.

Client: Mrs. A (Japanese)

Visa Applicant: B (Mrs. A’s spouse’s child with his ex-wife)

Nationality, region, etc.: non-Asian

Subjects of the consultation: which type of status of residence to seek for her foreign husband’s child and how to apply

Circumstances: The stepchild cannot speak Japanese

The solution from our administrative striver

1) Unsure of which visa to apply for the stepchild

              In this case, we applied for the residence status listed in Notification No. 6 (I) for Long-term Residents.”

2) Less than 2 months after the application, we got approved on “Notification No. 6 (I) for Long-term Residents” status.

3) After the issuance, the family smoothly started their life in Japan, and the stepchild has been able to attend school in Japan.

Key points about getting a visa for stepchildren

First of all, as Client A mentioned, it is difficult to know what kind of visa to apply for when it comes to “stepchildren” despite it not being a major case.

There are many types of visas that a stepchild can obtain, we will list some common examples.

              Special adoption with a Japanese national (both adoptive parents need to support the special adoption system in their home country law) → “Spouse or Child of Japanese National”

              Stepchild from a holder of the “Spouse or Child of Japanese National” visa → “Long-term Resident”

              Stepchild from a holder of the “Spouse or Child of Permanent Resident” visa → “Long-term Resident”

              Stepchild who was born in Japan from a holder of the “Permanent Resident” visa → “Spouse or Child of Permanent Resident”

              Stepchild who was born abroad from a holder of the “Permanent Resident” visa → “Long-term Resident”

              Stepchild from a holder of the “Engineer/Specialist in Humanities/International Services” visa → “Dependent”

              Stepchild from a holder of either the “Highly Skilled Professional” visa or “Designated Activities” (like nurse or care workers from certain nations) visa → “Designated Activities”

              A dependent child of a foreign national with a family stay visa who has not been adopted → “Designated Activities not listed in the ‘Notification’”

              A dependent child of a foreign national with a family stay visa who has been adopted →　“Dependent”

Etc.…

In this case, since Mrs. A’s husband is a permanent resident and the spouse of a Japanese national, the “Long-term Resident” visa is best suited.

What is the “Long-term Resident” visa…?

It is defined as “those who are authorized to reside in Japan with a period of stay designated by the Minister of Justice in consideration of special circumstances,” and can include Japanese foreign nationals (2^nd and 3^rd generation),

To obtain a “Long-term Resident” visa, applicants need to pay attention to the following.

1. The stepchild must be the biological child of the foreigner (and must have parental rights)
2. The stepchild must be a minor.
3. That the stepchildren have been living on the support of their parents to the present time.
4. Must have the financial ability to continue to provide support.
5. The need to receive support from the parent in Japan, rather than from the other biological parent or other relatives, and that it is in the child’s best interest

Point-by-point explanation.

1. The stepchild must be the biological child of the foreigner (and have parental rights)

→Documentation in the home country is required to prove that the stepchild is the biological child.

Birth certificates, certificates of kinship, etc. Documents to be obtained vary from country to country.

2. The stepchild must be a minor.

→The applicant must be a minor and must be supported by his/her parents. If you wish to bring your child to Japan for the purpose of employment or to study in Japan, please consider a work visa or a student visa.

3. That the stepchildren have been living on the support of their parents to the present (financial capacity).

→If the child is not dependent on the parent who is bringing him or her to Japan (or if the child has another guardian whom he or she can depend on), there is no longer a need to bring the child all the way to Japan, and the visa for the stepchild will be difficult to obtain.

For that, it is necessary to explain firmly that the stepchild has been living on the support of his or her parents up to the present.

4. Must have the financial ability to continue to provide support

→The applicant must prove that he or she can live without any problems even if one more dependent child is added to the family by bringing his or her stepchild to Japan.

There is no clear standard for annual income, but it depends on the number of dependents.

5. The need to receive support from the parent in Japan, rather than from another biological parent or relative, and that it is in the child’s best interest

→In this case, there were circumstances in which the other parent or relative was unable to take care of the child, and it was necessary for the child to receive support from the parent in Japan. The child himself also wished to receive support from his parent in Japan.

Customer’s Voice

“Even if we had not been able to obtain the status of residence this time, they did everything they could to prepare us for the application process so that if our application was not accepted, it would be our own problem (e.g., income and other financial aspects). Before you give up and say, “It may be impossible”, please consult with the “Yanagi KAJI Group” first. We will help you make the right decision, prepare carefully, and show you the way that will be satisfactory for your emotional needs.”

-We have received such positive feedback.

Related reference Interview video in preparation

Comments from the staff in charge

　In this application, we advised the applicant not only on obtaining the status of residence but also gave advice on school and home environment, considering what to expect after the child actually comes to Japan. In addition, due to the situation in the child’s country of residence and the circumstances of the person who had been taking care of the child, our client wished to invite the child to Japan as soon as possible, so we also added that into the statement of reasons.

It seems that the Immigration Bureau’s decision also took the surrounding circumstances into consideration, I was very relieved that the residency status was granted earlier than usual.

Summary

In this case, since the applicant was the spouse of a Japanese national, the status of a Long-term Resident was chosen for the child. However, the type of status of residence for the child depends on the status of residence held by you or your spouse. We will support your application by informing you of the best status of residence for each situation. If you have any questions about your child’s status of residence or nationality, please feel free to contact us.

We are Yanagi Group, which have offices in Osaka (Abeno and Tennoji), and our affiliated offices in Tokyo (Shibuya and Ebisu) are also available for an on-site consultation. We have handled many applications for permanent residence permits, naturalization permits, work visas, college student visas, management visas, etc., as well as visa renewal procedures related to the status of residence with the Immigration Bureau (Immigration Bureau) as a one-stop service. Our experienced administrative scriveners are also available to help you with any problems you may have.

We also have staff members who can speak each of the native languages and can assist you in obtaining a visa.

※If you wish to be consulted in Nepali or Bengali, please inform us in advance via our website or social media, and the translator will contact you ahead of time.

Please feel free to contact us if you have any questions about your status of residence or visa, even if they are trivial.

Toll-free number: 0120-138-552 

For English speakers: 080-9346-2991

For Chinese speakers: 090-8456-6196

For Korean speakers: 090-8448-2133

For Vietnamese speakers: 080-5510-2593