How can you obtain or renew a Spouse visa while working abroad?

1. What is a Spouse visa?

A Spouse visa is a visa that a foreign spouse who has become a spouse of a Japanese national through international marriage obtains when living in Japan for a long period of time.
In this case, an international marriage must be legally valid in both countries, so a Spouse visa in Japan cannot be granted only by the state of common-law marriage or a partner system that is recognized as a married couple overseas.
Please refer to the following for details on the requirements and points for Spouse visas.

>> Click here for how to apply for a Spouse visa

2. Points to keep in mind when obtaining a spouse visa while working abroad

Then, what kind of procedures are necessary when a couple who has been assigned overseas returns to Japan?
, Assuming that the requirements for obtaining a Spouse visa (marriage in both countries), which you saw in “1. What is a Spouse visa?”, Let’s take a look at the application process and the points to be aware of individually below.

(1) Can I apply for a Spouse visa without returning to Japan?

Many people may think that if a couple who are working overseas are aiming to obtain a Spouse visa in Japan, they will not be able to apply for the visa without returning to Japan.

In fact, in the case of a couple who is working overseas, it is possible to apply for a Spouse visa even if the Japanese spouse does not return to Japan.
In this case, the “application representative ” specified in the Ministry of Justice ordinance will apply for the Spouse visa.

Another point that is often misunderstood is that some people misunderstand that if we ask an administrative scrivener, we do not need an application representative, but even if you ask an administrative scrivener, an application representative is necessary.
This is because an administrative scrivener cannot act as a representative for this application.
However, it does not mean that there is no point in asking an administrative scrivener.
Leaving the highly accurate materials and communication with the application representative to a professional does not cause errors or additional correspondence to Immigration Bureau, so the application can go smoothly and the result will be faster.

(2) In the case of a married couple who are working overseas, who will be the representative for the Spouse visa application?

As we saw above in “(1) Can I apply for a Spouse visa without returning to Japan?”, an application representative is required to apply for a Spouse visa for a married couple residing overseas.

Appended Table 4 of the Enforcement Regulations of the Immigration Control Law stipulates that the representative for applying for a Spouse visa is “a relative of the person residing in Japan.”

The scope of relatives is stipulated by the Civil Code.
According to the Civil Code, relatives are defined as a spouse, blood relatives within the 6th degree, and relatives by affinity within the 3rd degree.

As you can see from the table above, I hope you understand that the range in which an application representative is permitted is surprisingly wide.

(3) Is it possible to obtain a Spouse visa even if you cannot submit an income certificate in Japan?

If you look at the Immigration Bureau website, you will find that when applying for a Spouse visa, you are required to submit “documents that prove the cost of staying in Japan.”
Of course, you are not exempt from submitting documents even if you are in overseas.

In general, when applying for a Spouse visa, an income tax certificate must be submitted to the Immigration Bureau.
As long as there is no domestic income, the government office cannot ascertain the income, so a tax exemption certificate will be issued.
However, if you submit this as it is, it will appear that you are unemployed (no income) at first glance.

In such a case, you will need to submit a copy of your monthly salary slip or bankbook, a certificate of employment, a letter of offer of employment, or other documents equivalent to those listed on the left to the Immigration Bureau.

3. Points to keep in mind when renewing a Spouse visa that you already have while working overseas

When renewing a Spouse visa that you already have while you are working overseas, you will also need the documents that show the application representative and income explained above.
For overlapping parts, please refer to “2. Points to keep in mind when obtaining a Spouse visa while working overseas”.

From the following, we will look at the points that can be seen for renewing.

(1) Can you renew if only your Japanese spouse is working overseas and does not live together?

When renewing a Spouse visa that was obtained when both the husband and wife lived in Japan, what if only the Japanese partner is assigned overseas?

Even if you say overseas assignment in a word, there are various things such as the period of assignment and the frequency of returning to Japan.
You have been living in Japan until now, but it is quite possible that you will leave Japan and leave your partner if you are assigned overseas for a fixed period.
If the couple has a child who is in school, you may want to avoid sudden changes in the family environment.

As mentioned above in “1. What is a Spouse visa?”, not everyone can get a Spouse visa if they are married.
Immigration examines whether there is substance as a couple when obtaining a Spouse visa.
The same is true for renewing.
In the immigration examination, the husband and wife are checked for cohabitation, support, and cooperation, and in this case, there is no cohabitation.

In such a case, actively submit the fact that you have assistance and cooperation as documents, and with regard to cohabitation, the reason is overseas assignment (work), and you cannot live together due to unavoidable circumstances. is needed.
In addition, regarding the proof of assistance and cooperation, it is necessary to prove the reality as a couple by submitting materials that clarify the remittance history of living expenses and the child’s custody situation in Japan.

(2) After obtaining a Spouse visa, can it be renewed if the number of days outside the country is too long?

Let’s look at an example of a case in which a couple obtained a Spouse visa while staying in Japan, but soon after that they were assigned overseas (work), and the couple left the country together.
As a result, will a couple who will be living abroad for most of the year be unable to renew their Spouse visas?

Regarding this, it is similar to “(1) Can I renew if only my Japanese spouse is assigned overseas and does not live together?” , there is a possibility that the renewal of the Spouse visa will be approved by claiming a reasonable reason for leaving the country.

However, if you are applying for renewal while you are working overseas, the Immigration Bureau should be concerned about when you will return to Japan.
In such a case, it would be better to ask the company to issue a document that shows the deadline for the overseas assignment, and show that the return date is fixed by objective documents.

4. O&A about Spouse visas from couples working overseas

Below are excerpts of frequently asked questions regarding Spouse visa application services for couples who are working overseas. We will explain below.

5. Summary of Spouse visa while working overseas

On this page, we have mainly looked at points to be aware of and frequently asked questions when a couple on an overseas assignment obtains or renews a Spouse visa in Japan.

I would be very happy if it could be a solution for those who are about to apply for a Spouse visa, or those who are having trouble with renewal procedures while working overseas.

In addition, we hear that it is difficult to consult with an administrative scrivener for those who are working overseas, but we also offer free consultations via ZOOM and Skype.

If you have any questions about obtaining a Spouse visa for a couple who are working overseas, please do not hesitate to contact the us Daiichi Sogo Office.