An administrative scrivener explains the benefits and methods of applying for a permanent residence visa from a Japanese spouse!

Types of spouse visas for which requirements for permanent residence application are relaxed

If a foreigner living in Japan applies for permanent residence,Stayed in Japan for more than 10 yearsMust be.

To apply for permanent residence, you will need to submit various other documents, but the most difficult part of the application is the requirement that you will spend 10 years in Japan.
However, there is a visa that relaxes the 10-year period for applying for permanent residence.
that is,Spouse visa.

If you have the following two types of visas, the 2-year rule for applying for permanent residence will be relaxed.

• ● Japanese spouse, etc.
• ● Spouse of permanent resident

If you have either of these, please use them when applying for permanent residence.
Let's take a closer look at what each type of visa is.

▼ Japanese spouse, etc.

Japanese spouse visa is a visa that applies to the following people.

• -Japanese spouse
• -A person born as a Japanese child
• -Japanese special adoption

The most obvious example is a Japanese spouse.
This meansForeign spouses married to Japanese nationalsis pointing to.
However, in addition to the actual situation of marriage,legally married statusIt is required that it be.
Therefore, it does not apply if you are engaged, have a common-law relationship, or are divorced or widowed.
Be careful with this point.

Simply put, "a person born as a child" in the second description isReal child.
Natural children include both legitimate children and illegitimate children.
However, please note that when the child of foreign nationality was born, either the father or mother had Japanese nationality, or the father had died at the time of the child's birth and the father had Japanese nationality at the time of death. This is a condition.
Please note that just because you are a biological child does not necessarily mean that you meet the conditions.

The third type, “special adoption,” is recognized by the family court under special circumstances, where the kinship relationship with the biological parents is severed, and the relationship between a Japanese national and a person with a spouse visa is similar to that of a biological child. Refers to an adopted child under the age of 3 who has been established.
It will not apply in most cases.
Incidentally,Not allowed for regular adoptions.

Most of the people who hold spouse visas for Japanese nationals are foreign nationals who are married to Japanese nationals, or their children.
Please note that if you divorce a Japanese person, you will need to obtain another visa immediately.

▼ Spouse, etc. of permanent resident

Permanent Resident Spouse Visa is applicable to the following people.

• -Permanent resident spouse
• -Spouse of special permanent resident
• -Persons born in Japan as children of permanent residents and special permanent residents

It refers to the status of residence that applies to those who fall under any of the above to work in Japan.
There are no restrictions on work or age, just like a Japanese spouse visa, so it is characterized by the fact that the range of activities can be greatly expanded by obtaining it.

In the case of foreign nationals, for example, some may not have had a permanent resident visa at first, but later obtained a permanent resident visa and became a permanent resident.
In that case, if one of the spouses becomes a permanent resident, the permanent resident spouse visa will be applied to that spouse.

But I want to be careful with children.
Even if the child is a permanent resident,Regarding children born overseas, they are not spouses of permanent residents, etc."Permanent resident"Will be.
In other words, it depends on whether the child was born in Japan or not.

The specific idea is as follows.

Permanent resident

You were born in Japan as a child of a permanent resident and completed the procedure for obtaining residence status within 30 days after birth.

Spouse of permanent resident etc.

You were born in Japan as a child of a permanent resident and applied for permission to obtain residence status more than 30 days after birth.

Settler

Children of permanent residents born overseas

Please note that the handling differs depending on the situation.

In addition, if you have obtained a permanent resident spouse, etc. visa by marrying a permanent resident or special permanent resident, you will not be able to renew your visa if the spouse of the permanent resident or special permanent resident is divorced or widowed. increase.
This is the same as a Japanese spouse visa, so if this happens, proceed with the procedure to obtain another visa before the visa expires, or return to your home country.
For more information,What happens to my visa if a foreigner divorces in Japan?Please read the article.

Advantages of applying for permanent residence from a Japanese spouse

There are various merits when applying for permanent residence from a Japanese spouse visa.
This is based on the idea that ``it is appropriate to ease the requirements for spouses of Japanese nationals who clearly have a living base in Japan and to stabilize their residence on a family-by-family basis.'' .
In other words, if your spouse is Japanese, it will be easier for you to apply than if you are a foreigner.

When applying for permanent residence as a spouse of a Japanese national, the requirements will be greatly relaxed as follows.

• -Relaxation of national interest compliance requirements
• -Exemption from good conduct requirements
• -Exemption from independent living requirements
• -The guarantor will be the Japanese spouse

In this way, the application becomes very easy. The good news is that multiple requirements are waived.
As for the guarantor, the Japanese spouse will be the same, so there is no need to look for someone to be the guarantor.
In addition, if your Japanese spouse is not your guarantor,It will be judged that it does not meet the national interest requirements and there is a high possibility that permission will be refused..

A foreigner who has a Japanese spouse visa can apply for permanent residence only if he or she has been legally married for at least 3 years and has been residing in Japan for at least 1 year.
This means that if you have been married to a Japanese for more than 3 years, you can live in Japan for 1 year.
Moreover, it is not even necessary to have a Japanese spouse visa, as long as it is a Japanese spouse.

This also applies to biological children and special adopted children, and if they continue to stay in Japan for more than one year, they can apply for permanent residence.
However, please note that in the case of ordinary adoption, the requirements will not be relaxed and the residence period will continue to be 10 years or more.

In any case, when applying for permanent residence from a Japanese spouse visa, there is no doubt that the requirements will be greatly relaxed.

Required documents when applying for permanent residence from a Japanese spouse

There are several documents that are required when applying for permanent residence from a Japanese spouse.
When applying, please collect the following documents first.

• ・Permanent residence permit application: 1 copy
• ・Photo (length 4 cm x width 3 cm): 1 leaf
• ・Documents that prove your identity (family register, etc.): 1 copy
• ・Certificate of residence of all family members (household) including the applicant: as appropriate
• ・Documents certifying the occupation of the applicant or the person supporting the applicant: 1 copy
• ・Documents certifying the most recent (past 3 years) income and tax payment status of the applicant and the applicant's dependents: 1 copy
• ・Documents certifying the status of payment of public pension (for the last 2 years) and public medical insurance premiums (for the last 2 years) of the applicant and the dependents of the applicant: 1 copy
• ・Passport: presentation
• ・Residence card: presentation
• ・Certificate of guarantee: 1 copy
• ・Identification of the guarantor (driver's license, etc.): presentation
• ・Letter of understanding

I need these documents.
If you have a letter of commendation or a letter of appreciation as something that contributes to Japan, it will be advantageous when applying.
Use it if you have it.

Please note that tax items must be paid by the payment deadline, so if you forget to pay and pay an additional late fee, your tax will not be assessed.
If you do not pay all taxes within the payment deadline for three years, there is a high possibility that you will receive a negative evaluation at the time of examination..
Therefore, it is a point to pass the permanent residence application to make daily payments properly.

Also, from October 2021, 10Understandingis required to be submitted.
The letter of understanding isHomepage of Immigration Bureau of JapanYou can download it anytime from here, so please take advantage of it.

Summary

It is relatively easier for a Japanese spouse to apply for permanent residence.
This is because the requirements for application are relaxed compared to other visas.
Having a Japanese spouse is a great advantage, and this would not be the case with other nationalities.
However, in the case of a spouse visa, it will not be recognized unless the applicant is divorced, widowed, or married to a Japanese spouse.

If you are a foreigner who currently has a Japanese spouse and are considering permanent residence, it would be a good idea to apply for a permanent residence visa once.
It can be said that it is easier to obtain because the necessary requirements are relaxed compared to other visas.

For questions about Permanent Resident Visa, please contact Climb
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