Same-Sex Marriage and the "Designated Activities" Visa in Japan

What is Same-Sex Marriage?

Same-sex marriage refers to marriage between two individuals of the same gender—either male-male or female-female. As global awareness of sexual minorities and human rights has increased, the term “LGBT” has become more widely known, and legal recognition of same-sex marriage has spread, particularly in Western countries. In 2019, Taiwan became the first country in Asia to legalize same-sex marriage. In Japan, Article 24(1) of the Constitution stipulates that “marriage shall be based only on the mutual consent of both sexes,” and as of April 2025, same-sex marriage is not legally recognized under Japanese law.

So what about visas?

Let’s explore the visa situation separately for foreign same-sex couples and Japanese-national/foreign-national same-sex couples.

Same-Sex Marriage Between Foreign Nationals

Under government directive, the Immigration Services Agency of Japan has been allowing certain cases to be considered under the “Designated Activities” visa category.

Notice on Immigration and Residency Examination for Same-Sex Spouses
[October 18, 2013, Ministry of Justice Document No. Kan-Zai 5357]

Based of the above:

• Under Japanese immigration law, the term “spouse” refers to a legal spouse recognized under Japanese civil law. Therefore, even if a same-sex marriage is legally valid in another country, it is not recognized as a marit

sdiction.al relationship under Japanese immigration law. As a result, same-sex partners are not eligible for marriage-based visa statuses such as “Dependent,” “Spouse of a Japanese National,” “Spouse of a Permanent Resident,” or “Long-Term Resident.”

• However, when the same-sex marriage is legally valid in both of the partners’ home countries, a “Designated Activities” visa (not listed in the public notice) may be granted. This type of visa serves as a special exception for humanitarian reasons when no other visa is available.

This visa is granted under the understanding that the couple can continue their relationship in Japan as they did in their home country.

Requirements for Obtaining a “Designated Activities” Visa for Same-Sex Marriage:

To obtain a ‘Designated Activities’ visa for a same-sex spouse, a foreign national must meet at least the following three conditions

1. Same-sex marriage must be legally valid in both of their home countries.
   • Must be a legally recognized marriage, not a de facto relationship.
2. One partner must already possess a long-term resident status in Japan.
   • Examples: work visa, permanent residency, etc.
3. The couple must have a stable financial foundation to live in Japan.
   • Income, pensions, or real estate income will be reviewed.

Differences Between the “Designated Activities” Visa and the “Spouse or Child of a Permanent Resident” Visa:

【Designated Activities Visa (for same-sex marriage)】

• In principle, employment is not permitted (since it is a non-notified designated activity)
• Can work part-time up to 28 hours per week with permission to engage in activities other than permitted under the status of residence.
• Granted only if the marriage is valid in both home countries

【Spouse of a Permanent Resident Visa】

• No restrictions on activities or employment
• also possible to obtain a Spouse or Child of Japanese National visa
• Can attend university or vocational school
• Can start a business
  

  Same-Sex Marriage Between a Japanese National and a Foreign National

Here, we have looked at the possibility that foreign same-sex couples may be granted a “Designated Activities” visa if their marriage is legally recognized in their home countries.

In that case, what about same-sex couples consisting of a Japanese national and a foreign national? Does it mean that the foreign partner is entirely ineligible for any type of visa in Japan as Japan does not allow same-sex marriage?

This developed to a lawsuit (Case No. 24633 of 2019) in which a foreign same-sex partner sued the immigration office for denying a residence visa. The Tokyo District Court ruled on September 30, 2022, that:

• Denying a “Long-Term Resident” visa was not illegal; but
• It was discriminatory to deny a “Designated Activities” visa to same-sex couples consisting of a Japanese-national and a foreign-national while it is granted to same-sex couples consisting of two foreign-nationals.

As a result, the Immigration Bureau revised its operations and now there is a possibility of granting such visas to same-sex couples consisting of a Japanese national and a foreign national, as well.

This decision marked a major advancement and drew significant attention throughout Japan.

Summary

Foreign nationals or Japanese nationals in same-sex relationships can stay in Japan under the “Designated Activities” visa, even though it is not equivalent to a “Spouse” visa. Because the conditions and processes can be complex, it is strongly recommended to consult a professional!

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 speaker: 080-9346-2991

For Chinese speaker: 090-8456-6196