Reasons why spouse visas are not granted: a case where the dating period is short

1. Reasons why spouse visas are not granted

In this article, we will write about main reasons for non-permission of a spouse visa in connection with substantive existence of marriage.

1) The dating period is too short

To obtain a spouse visa, you need to demonstrate in writing that you had a relationship with your spouse and the relationship developed into marriage.
Many people think that they will have no problem as their marriage is not fake, but actually there are some cases where a spouse visa is not granted although the marriage is a genuine one. It is because when the period of relationship is short, the immigration office becomes suspicious if the substance of marriage really exists.

Then how long is appropriate as a period of relationship? Please imagine that your close friend or child is having international marriage. If you feel unsure about the marriage because of the length of relationship, that’s how you know that there is high risk of non-permission for a spouse visa.

In such case, advanced demonstration of substantive existence of marriage will be necessary.

2) There is a great disparity of age between a husband and a wife

When a couple is in love, their age gap should not be an issue. However, when there is an age gap, the immigration office becomes suspicious as they are aware of numerous cases where Japanese spouses are deceived. If there is a great disparity of age between a husband and a wife, preparation of careful and attentive documents is necessary to demonstrate the substance of marriage and finally obtain a spouse visa.

3) Lack of communication

Recently, during examination concerning spouse visas, immigration authorities care a lot about communication between a husband and a wife. It is because there are not few troubles caused by lack of communication between a couple in case that they use apps or translators to communicate with each other.

Whether a spouse visa is granted or not, having a common language is very important for a married couple in order to have continuous marriage and also for the foreign spouse to continue living in Japan.

4) Relatives don’t know that the couple had international marriage

In case that a couple’s parents, siblings, and other relatives do not know about the marriage, there is a high risk to get non-permission of a spouse visa. In fact, in a questionnaire required to be submitted to an immigration office, there is a question about whether relatives know about the marriage. As such, it’s one of the factors for judgement concerning substance of the marriage.

Therefore, in case that a couple got married while their parents were opposed to the marriage, for example, the details of how they got married need to be explained carefully. Effort to demonstrate the substantive existence of the marriage will be also necessary in order to prove the marriage to be genuine.

5) Marriage is formed only in one party’s country

Procedure of international marriage must be completed in the countries of the nationalities of both parties. For such reason, if marriage is formed in only one party’s country, procedure of international marriage is not completed, which may be a negative factor for the judgement of credibility of marriage.

According to “Prior Confirmation Procedures on the Application of Laws and Regulations by Administrative Agencies Published by the Ministry of Justice” (*1), when marriage is formed only in one party’s country, a spouse visa will not necessarily be rejected, but it is possible that demonstration of substance of marriage will be found to be not enough because a marriage certificate of one party’s country is not submitted.

*1: In the Prior Confirmation Procedures on the Application of Laws and Regulations by Administrative Agencies, private companies, etc. confirm in advance whether a specific action related to their business activity which they are trying to realize is subject to any specific provision in laws and regulations or not with an administrative organization which has jurisdiction over the relevant provision, and the administrative organization replies and publishes its answer (Source: “Prior Confirmation Procedures on the Application of Laws and Regulations by Administrative Agencies Published by the Ministry of Justice –No Action Letter System by the Ministry of Justice”).
●URL of the relevant website: http://www.moj.go.jp/hisho/shomu/kanbou_jizen_jizen01.html

6) They started dating when one person was still married to his/her ex-spouse

Just like police, examination by the immigration authorities is governed by the rule of non-intervention against civil affairs. From such rule, it seems that even if a couple started dating when one party was still married, such fact will not be an issue to the examination concerning a spouse visa.

Indeed, the purpose of examination by immigration authorities is not to find out whether there was an act of unchastity, but since the immigration authorities make judgements according to general societal terms in examination, such fact may lead them to conclude that the relationship during previous marriage has no credibility.

Hence, it is necessary to explain in details that the previous marriage was already on the rocks, if applicable, or if it wasn’t, how the couple started to date and how a spouse got divorced and remarried.

7) The couple met online

As communication tools have been developed, ways of meeting foreign spouses have been diversified, which has been causing sophistication of techniques of fake marriages.

Due to such situation, the immigration authorities carefully examine how couples met. It is not wrong to meet someone on internet, but applicants need to clarify how they met their spouses at a higher level than regular examination during examination concerning a spouse visa conducted by immigration authorities.

8) The couple met through a matrimonial agency

This one is similar to the case of meeting on-line as stated above. Cases where a couple met through a matrimonial agency is one of the types that is often suspected concerning substance of marriage. There are cases where a foreigner uses international marriage as a way of obtaining a visa, so even if a Japanese spouse clearly has an intention to get married, the marriage is not necessarily a genuine marriage.

In a case where a couple met through a matrimonial agency, each party needs to explain why he/she registered at a matrimonial agency, etc. and they also need to clarify the substance of their relationship.

9) A spouse visa application was filed right before the expiration of the current visa

For example, careful attention is necessary if a work visa holder does not have a job and the visa is about to expire, or if a student visa holder was expelled or graduated from school and the visa is about to expire while the person has not decided next move.

In such cases, the immigration authorities may consider that they are using a spouse visa as a way to continue staying in Japan; therefore, examinations for such cases are tend to be stricter.

Accordingly, couples in such cases should explain how the activities pertaining to the work visa or student visa were ended and also should demonstrate the substance of their marriage very carefully in the cause of spouse visa application.

10) A spouse visa was applied after a long time since marriage

A case where a person wishes to invite his/her spouse who he/she got married to 7 years ago falls under this one.

Such couple need to clarify why it took so long to apply for a spouse visa and to clearly explain about the interactions with each other, although there must be various reasons which caused such delay in application.

11) A wife and husband have different recognition towards the facts examined by immigration authority

During examination by the immigration authorities, examination by phone and fact-finding investigation are sometimes conducted, although the basic style is examination by means of documents.

In case where a husband and wife have different recognition about their relationship before marriage (i.e. when they met, how many times they visited each other, whether they have introduced each other to their parents, etc.), the immigration authority may become suspicious about the substance of marriage and may decide not to grant a spouse visa.

In case of non-permission of a spouse visa due to above reason, re-application will require a lot of effort by preparing evidence to correct contradictions, so it is important that a husband and wife communicate with each other well before going through the spouse visa application.

12) The couple saw each other only a few times before marriage

As repeatedly stated, in order to obtain a spouse visa, a couple needs to clarify how they dated and got married.

If a couple had seen each other only a few times before marriage, there is a high risk that the immigration authority will find that the marriage is fake. Such couple needs to decide whether to go for applying for a spouse visa or to apply later after relationship period becomes more deepened.

There is no specific standard like how many times a couple must meet before marriage to be granted permission, but please be cautious if you were married after seeing each other only a few times.

13) The career of a foreign spouse contradicts past documents

This problem may occur when a foreign spouse has lived in Japan in the past for technical intern training or studying.

More specifically, a possible case is that the career details written in the application for a spouse visa contradicts with any statement submitted to an immigration office when the person came to Japan for technical intern training or studying.

If such contradiction is revealed, a spouse visa can be rejected as the application loses its credibility.

2. Summary of “Reasons why spouse visas are not granted: a case where the dating period is short”

In this article, we wrote about cases where a spouse visa is not permitted due to short period of relationship, etc.

During examination concerning a spouse visa on the substance of marriage, the couple’s intention is mainly questioned, so demonstration of real marriage is not easy.

Once you are not granted a spouse visa, you will not only need more effort for re-application, but need to pay additional fees for a specialist.

Therefore, we carefully prepare to demonstrate substance of marriage, so a spouse visa will be granted in one shot.

If you are worried about applying for a spouse visa on your own, or if you have failed to receive a spouse visa once, please consider to contact us for free consultation!