Permanent Residence Application from Spouse Visa

What is Permanent Residency?

If a foreign national wishes to reside permanently in Japan, he/she must apply for a permanent residence permit.

In most cases, you need a status of residence to stay in Japan, and this application is essential if you want to change from another status of residence to a permanent resident.

Once you obtain a permanent residence permit, you will not be required to renew your period of stay or change your status of residence. At the same time, there will be no restrictions on your residence activities, and you will be free to work on any job.

When applying for permanent residence visa status, there are three major requirements.

1 The applicant must be of good conduct

2 Having sufficient assets or skills to earn an independent living

3 The permanent residence of the person is deemed to be in the interests of Japan.

All of these conditions must be met.

Legal Requirements for Spouses of Japanese Nationals, Permanent Residents, and Special Permanent Residents Applying for Permanent Residence

As mentioned above, three conditions are set for foreigners to apply for permanent residence.

In the case of spouses of Japanese nationals, permanent residents, and special permanent residents, it is not necessary to meet requirements 1 and 2 of the three conditions. In addition, some of the requirements in 3 will be relaxed. The 3 consists of four additional requirements. In this article, we will explain these four requirements.

“3. That the person’s permanent residence is deemed to be in the best interests of Japan.”

(A) Period of stay

The couple must have been married for at least three years and have been continuously residing in Japan for at least one year.

The question of whether or not the marriage is an actual marriage means that it will be judged comprehensively, including the facts of cohabitation and support, to confirm that it is not a sham marriage.

If the couple is living separately and one of them is living abroad, the key points are whether there are reasonable grounds for separation and whether there is actual support for the couple.

Under the Japanese Civil Code, married couples are obligated to live together and support each other.

Also, in terms of whether or not the applicant has “resided in this country (Japan) for more than one year,” it is important to note that the applicant must be residing in Japan continuously.

If you are in a foreign country for approximately 90 consecutive days or 150 to 200 days per year, you cannot be said to be “continuously residing in Japan,” which is a negative factor in the permanent residence examination.

For more information on applying for permanent residence and leaving Japan, please refer to this page.

If you do not live together or leave the country frequently, we recommend that you consult with a specialist to make sure your application is well-prepared.

(B) Not having been fined or imprisoned and fulfilled public duties

About not being fined or imprisoned.

If you have ever been sentenced to imprisonment or a prison sentence, a permanent residence visa will not be granted until 10 years have passed since the expiration of the sentence (or 5 years since the expiration of probation in the case of a suspended sentence), or until 5 years have passed since payment of the fine or penalty in the case of a fine.

In addition, repeated traffic violations will have a negative impact on the screening process, as well as if a family member on a family residence visa is working more than the 28-hour weekly limit or working part-time in a place where they are not allowed to work, such as in the sex industry.

Fulfillment of Public Duties

Public duties refer to obligations such as tax payment, payment of premiums for public pension and public medical insurance, and notification as stipulated in the Immigration Control and Refugee Recognition Act.

(1) Payment of tax, public pension, and public medical insurance premiums (if you are the spouse of a Japanese national, the spouse of a permanent resident, or the spouse of a special permanent resident)

Proof of resident tax payment status → 3 years (5 years for those with a Working visa)

Documents proving payment of public pension and public medical insurance premiums → 2 years

To apply for a permanent residence permit, the applicant must pay taxes, pensions, social insurance premiums, etc. If you are a company employee and the above are deducted from your salary, there will not be a problem.

If those are not deducted from your paycheck and are obligated to make the payment yourself, or if you are a sole proprietor or company owner, you should be aware of this.

(2) Obligations of notification, etc. as provided for in the Immigration Control and Refugee Recognition Act

Foreign nationals residing in Japan are required to notify the regional immigration bureau or city/ward office of the following cases

○ Situations in which it is necessary to notify the regional immigration office

-When there is a change in name, nationality/region, date of birth, or gender

-If there is a change in your organization

-Divorce from the spouse, etc.

○ Situation in which you need to notify the municipality

-When a new place of residence is established or when there is a change in the place of residence

C) Regarding the current period of stay

As for the current period of stay, as long as it is “more than 3 years”, there is no problem.

The applicant is required to have stayed in Japan for the maximum period of stay stipulated in Appended Table 2 of the Enforcement Regulations of the Immigration Control and Refugee Recognition Act concerning the status of residence he/she currently possesses.

The maximum period of stay for a spouse visa is 5 years, but for the time being, a spouse with a period of stay of “3 years” will be treated as “residing with the longest period of stay”.

D) Not likely to be harmful from the standpoint of public health

Persons suffering from Class I infectious diseases, Class II infectious diseases, designated infectious diseases, or new infectious diseases as defined in the Act on Prevention of Infectious Diseases and Medical Care for Patients of Infectious Diseases, or chronic addicts of narcotics, cannabis, opium, and stimulants are treated as persons who are likely to be harmful from a public health perspective.

Summary

Spouses of Japanese nationals, spouses of permanent residents, and spouses of special permanent residents who have been de Facto married for at least three years, have been residing in Japan for at least one year, and meet other requirements for permanent residence may apply for a permanent residence visa under the special requirements. This is a very attractive system because the special requirements allow a person to apply for permanent residence even if he/she has only stayed in Japan for one year.

However, although not listed in the guidelines, a taxation certificate or other documentation showing income is required as a necessary document. In fact, if your income is low, there is a possibility that your application will be rejected. If you have concerns about this, please contact us for consultation.

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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

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