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What are the key points of foreigners' "sham marriage for visas" and immigration Japanese spouse visa examinations?

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Status of residence"Japanese spouse etc.” (sometimes called a spouse visa, marriage visa, etc.), and when the application is examined by the immigration office, the so-calledMarriage TruthAn examination will be conducted from this perspective.
If this examination does not confirm the authenticity of the marriage, your visa application will be rejected.
Under what conditions is the examination of the "authenticity of marriage" conducted by the Immigration Bureau?An administrative scrivener will explain it in an easy-to-understand manner.

Background of "sham marriage" becoming a problem when applying for a "Japanese spouse, etc." visa

A foreigner who is the spouse of a Japanese person who is married to a Japanese person is in a position to apply for a "Spouse, etc. of Japanese National" visa.
Here, "spouse” formally means,Persons who are currently legally married to a Japanese personIn effect,People who live together as a socially conventional couple who live together and support each other.Refers to.
Spouses need both formal and practical aspects of this.

If you do not meet these two requirements, even if you apply for a Japanese spouse visa, you will be denied permission.

These are the two points to consider when determining the authenticity of a marriage!

  1. ① Complete the marriage formalities and actually meet a Japanese person.Legal marriageIt is in
  2. ② According to social convention, living together and supporting each otherShared life as a coupleRun

What are the penalties for fake marriage?

In the crime of illegal acquisition of status of residence, etc. stipulated in the Immigration Control Act (Article 70, Paragraph 1 of the Act),Application for false contentFor those who have illegally obtained a status of residence (visa) and have landed or stayed in JapanImprisonment or imprisonment for up to 3 years or a fine of up to 300 million yenWe are planning to impose imprisonment, imprisonment, or a fine.

Penalties for fraudulently obtaining a visa through a fake marriage

  1. ① Imprisonment of up to 3 years
  2. ② Imprisonment for 3 years or less
  3. ③ Fine of up to 300 million yen
  4. ④ Combined courses of ① to ③

From the crime of fraudulently obtaining a status of residence, etc. (Article 70, Paragraph 1 of the same law)

Furthermore, if there are circumstances such as "it is discovered that you have landed in Japan using a false counter" or "it is discovered that you have landed as a result of submitting a document stating the falsehood".Cancellation of status of residence(Article 22-4 of the Immigration Control Act)May be done.

As a matter of course, from the examination contents of such "Japanese spouse, etc." visas and the attitude toward false applications found in the provisions of the Immigration Control Act."Sham marriage" is a reason for disapproval when applying for a "Japanese spouse, etc." visa..

Difficult to prove the "truth" of marriage

However, "marriage" is based on the "agreement of the parties", and the agreement is a consensus.The true meaning is difficult to understand from the outsideThing.
Even if the period from meeting to marriage is one month, or even if two people are far apart in age, it is considered possible for two people to quickly become attracted to each other and end up getting married. Masu.
On the other hand, taking advantage of the nature of marriage,There is no end to the number of people who apply for a ``Japanese national spouse'' visa after having a fake marriage.It is also true.
Under these circumstances, the Immigration Bureau must carefully examine the question, "Are the foreigners applying for this visa and the Japanese spouse having a true marriage?" I don't get it.
Therefore, the questionnaire you submit will ask you detailed questions about the circumstances that led to your marriage, your daily conversations, and your family relationships.
In addition, we may ask you to submit snapshots taken of the couple or records on SNS as documents that can confirm the interaction between the couple.

"I am worried about whether I can prove the authenticity of the marriage by myself.”, please feel free to contact us.Climb Immigration Lawyer OfficePlease contact us.

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