The reason for non-permission of a spouse visa (related to income)
For those who plan to apply for a spouse visa, we will explain the reasons for non-permission of a spouse visa.
In this article, we will explain a case where a spouse visa is not granted due to income-related reasons.
If you are preparing the application for a spouse visa, please refer to this article.
1. Reasons why a spouse visa is not granted (in connection with income)
In this article, we will describe the major reasons for non-permission of a spouse visa, in connection with applicants’ financial situations such as income.
It is difficult to list up all cases here, so the following contents are just some examples.
1) Income is not stable
In order to obtain a spouse visa, a stable income is required for the married couple to spend every-day life. Therefore, if the couple is likely to face financial difficulty due to low income, there is a higher risk that their spouse visa application will be rejected.
The same idea appears in the provision concerning denial of landing, which is Article 5, paragraph 1, item (iii) of the Immigration Act.
Reference: Article 5, paragraph 1, item (iii) of the Immigration Act
(Denial of Landing)
Article 5 (1) A Foreign National who falls under any of the following items is denied permission to land in Japan:
(iii) a person who is indigent or without a fixed dwelling place and is likely to become a burden on the Japanese Government or a local public entity because of an inability to make a living;
In other words, Article 5, paragraph 1, item (iii) of the Immigration Act does not allow foreigners who are likely to receive income support to enter Japan in order to prevent increase in the public burden.
Similarly, in examination concerning a spouse visa, income situation of the married couple is strictly checked. There is no specific amount of income requirement, and it is decided by comprehensive judgement taking into consideration the situation of dependents, living conditions, employment stability, etc.
2) The form of employment is unstable
There are various forms of employment, such as full-time employees, temporary employees, part-time workers, and short-term employees.
In the immigration examination on spouse visa, the form of employment is an important factor to indicate a stable income situation.
For example, in the case of a part-timer, the income is not as stable as a full-time employee. In addition, years of service are also important points for the judgement concerning a stable income situation.
Accordingly, if the years of services are short or if you work part-time, you need to be more careful when demonstrating your income situation than in regular cases.
3) An income tax certificate is unavailable
The possible reasons for not being able to submit the income tax certificate are that you were unemployed in the previous year, or that your Japanese spouse was working abroad, etc.
In our opinion, in the case where you were unemployed in the previous year, the immigration decision differs depending on your age. For example, in case that your husband lives in Japan and is of working age, if the income tax certificate for the previous year is not issued, such fact can be regarded as a negative element.
If you are unemployed due to sickness or special circumstances, it is necessary to clarify the reason and how you plan to earn income and make living in the future.
Next, in the case where your Japanese spouse was working abroad as he/she was seconded overseas, etc., it is necessary to show the situation of income earned overseas and, like the above case, you need to show how you will earn income in Japan.
Accordingly, in any case, applying for a spouse visa without any explanation for non-submission of income tax certificate is dangerous. It is essential to show your future living situation and clarify the reason why you cannot submit an income tax certificate.
4) There is delinquency in or non-payment of tax
When applying for a spouse visa, you must submit a certificate of residence tax payment to the relevant immigration office.
If there is a delinquency in tax, such fact and the unpaid amount are described in the tax payment certificate. A tax delinquency may lead to rejection of your spouse visa application as it is judged that there is a problem with your living foundation.
5) Not enrolled in pension or health insurance
As of 2020, even if you are not enrolled in a pension or health insurance, your application for a spouse visa is not necessarily rejected.
However, since the status of pension and health insurance are subject to examination concerning applications for permanent resident visa as well as naturalization, there is a good possibility that the examination operation regarding spouse visas will be changed. In addition, joining pensions and health insurance are legal obligation under the National Pension Act and the Health Insurance Act.
Therefore, we recommend our clients to enroll in a pension and health insurance, regardless of spouse visa examination.
2. Summary of the reason for non-permission of a spouse visa (related to income)
In this article, we have seen cases where spouse visas are not granted due to financial foundations such including income situations.
Each married couple has different reasons why their income is low or why they cannot submit an income tax certificate.
Thus, there is no uniform answer like “These documents are required!” and how to prove necessary facts differ depending on the circumstances of each couple. This is one of the characteristics of the immigration practice.
We are sometimes asked which documents need to be submitted when applying for a spouse visa, but as we have seen in this article, “contents” of the documents to be submitted are more important than their formats.
The immigration officers conduct examination concerning spouse visas based on income tax certificate, tax payment certificate, employment certificate, and employment contract.
There are many cases where a spouse visa was granted, even with small income.
If you have any worries, even just a little, about applying for a spouse visa, or if you would like to obtain a spouse visa for sure, please consider using our free consultation.
Let’s find a solution together!