Visas in Japan

Your best source of visa (technically: zairyuu shikaku) is a consultation with Japan Immigration.  But here are some notes we have picked up along the way.  This only covers details unique to situations that may be encountered by people likely to read this we site.  See the Resources Section at the end for places to get further information.

Disclaimer: The information on this page has not been confirmed with Japan Immigration nor with an immigration lawyer.  So be careful.  But this should help you find the right questions to ask when you confirm it yourself, which you should definitely do.

For now, also see our page on When You Are Afraid Your Japanese Spouse Will Not Sign Your Spouse Visa Guarantor Form

Extending a Visa While in Family Court

It is apparently possible to extend a tourist visa (and maybe others) while you are in a Family Court case.  This is above and beyond the length of time they would otherwise extend it.  But this requires a signature, and perhaps some paperwork by your lawyer testifying that you are involved in such court case.  No other details at this time.

Unfortunately, we have reports that this may not happen.  In particular, Yamila Castellanos was denied a visa extension while in court trying to prove forgery on a Divorce By Mutual Consent application.

Custodial Parent of Japanese Child

It is apparently possible to get a visa based on the fact that you are a custodial parent of a Japanese child.  We are not sure whether this would be a long term visa (3 year) or permanent resident visa.  Also, we dont know whether it requires a guarantor, nor what you are allowed to do.  Presumably you can work, otherwise it would not be much good.  But people have gotten this, so it does seem to exist.

To make things as clear as possible, after you get legal custody, I would recommend that you separate your Japanese child off onto his or her own koseki. This is unusual, but is possible if you have legal custody. I know of a parent who has done this. On this new koseki, it will say that you have legal custody. This way, when you apply, the situation will be crystal clear to immigration authorities.

Now, whether or not you actually need to have your child living with you or not, I don't know. Or which type of legal custody, or both, is required, I also do not know.  Im not an expert on the two types of Japanese custodies. You may want to consult an immigration attorney for sure.  There is a legal group in Osaka that will give advice for free. But it could take a couple weeks.

If you have custody, as a single parent in Japan, you will be eligible for some social benefits too I am pretty sure. Not huge amounts, but helpful amounts.

For info on the immigration policy that allows this, here is some text from "The Convention on the Rights of the Child: 95 Issues to be Solved in Japan" by Federation for the Protection of Children's Human Rights, October 1997. (cached copy)

As is represented in the declarations to Article 9, para.1 and Article 10, para.1 of the Convention, the administration has wide discretion in the field of immigration control. Sufficient measures have not been taken to prevent, in the best interests of the child, separation of children from their parents and to promote family reunification [SPR 130-131]. Concerning alien parents who are rearing children of Japanese nationals, there has been some progress by the notice of the Ministry of Justice (dated 30 July 1996), which announced its policy to recognize, in principle, their residency status. However, this policy is not to be applied to parents who are not custodians or parents of children who are permanent residents.

RECOMMENDATIONS

The declaration of interpretation on Articles 9 and 10 should be repealed. Flexible application of the Ministry of Justice notice of July 30, 1996, and the revision of the Entry and Departure Law and the Law for Recognition of Refugees are required in the direction of preventing the separation of the parents and children and facilitating their reunification. At that time, special emphasis should be put on the alleviation of the requirements for recognizing residency status to the parents, who are not custodians, and the parents of children who are permanent residents, the review of the period of prohibition of entry of the aliens, who have been punished with compulsory departure, and the securing of legal examination concerning the decision on the separation of the parents and children.

Spouse Visa

This visa allows you to do whatever you want.  Work, study, do nothing.  But it does require a guarantor, which is typically your spouse  If your spouse forges your signature on a divorce form, remember that getting this visa is one of the things they have prevented you from getting by doing this.   The following discusses the spouse visa as if it were a dependant visa.  The requirements have been reported to be the same.

Apply for:

The "Certificate of Eligibility" for a "Dependant Visa" at the Immigration office in Japan. Please note one restriction, i.e. it will take approximately 2 weeks (they will tell you a month), during which time you cannot leave Japan. (Note: your wife does NOT need to be present with you at the Immigration office for filing the paper work).

Application Documents:

(1) Application for "Certificate of Eligibility for Dependent" visa (you can get this document from the Immigration office)

(2) Your spouse's passport copy or other official identification copy

(3) Your spouse's "withholding tax slip"  It is not clear whether you can get a copy of this yourself or if your spouse needs to get it themselves.   PLEASE REPORT TO US IF YOU KNOW.

(4) A letter from your spouse's company saying that she's legally operating in the country (Probably not necessary for a spouse visa, only for a dependant of someone on another type of visa.)

(5) A copy of your marriage certificate with a Japanese translation if needed (according to the Immigration Office, the translation is not really mandatory if it's in English, but it's absolutely required if written in another foreign languages.)  If your spouse is Japanese, a copy of his/her koseki should be equivalent.  If you are listed on this, you can go get a copy without asking your spouse.

(6) Your valid passport

(7) Your current gaijin toroku shomei-sho card.

Self Sponsored Visas

The people at Immigration are not very forthcoming about this, but it does appear that there is a "self sponsorship" type of visa.  We do not have too many details to report, so you should ask at immigration.  But anecdotal evidence is that you need to have at least 250,000 yen per month of income, and that you need to be able to prove it.  For proof, you may need documents from those that pay you, such as various companies that you contract with, or students to whom you teach English on a regular basis.  It may also be possible to self sponsor if you run a small business.  Of course you may also need income tax payment records.

Another place you may want to ask for details is on this Discussion group.  http://groups.yahoo.com/group/SmallBizJapan/   If you find out anything, please let us know so we can add it to this page.

Permanent Residency

Lots of info on this is available on the internet.  We will accumulate some of it here in the future.  But it typically requires 5 years of living in Japan if you are married to a Japanese, or 10 years otherwise.  Also requires a guarantor.  But if you get it, it is not typically taken away  from you, even on divorce.

NEED TO INCORPORATE THIS EMAIL:

If you've been in Japan 10 years, you can get permanent residency without being married. But you still need a sponsor. And your sponsor does *not* need to be Japanese. Your sponsor can be someone with permanent residency. I know this because I once sponsored a good friend for permanent residency. It was an easy and simple process on my part.  So another option might be to get some kind of sponsorship via working for a company for another year, then apply for permanent visa using sponsorship other than your wife.

I was separated from my wife and living in a different address, which I used on the application for the permanent visa. Immigration called me and asked why my address was different than the address of my wife. Permanent residency was denied. Fortunately, I already had a work visa.

Adopted Children

According to this article (cached copy) "under a 1990 condition set by the Justice Ministry, residence status for adopted children only applies to those younger than 6 when they were adopted."

Q & A

Q: I am divorced from my Japanese wife. I have been going to Japan on extended stay in order to see my 2 young children, 6 and 7 yrs old. I am considering trying to move to Japan next year. I was thinking that if I get sponsorship from my ex-wife's family, I might be able to move there. Is this so?  On my last 2 trips to Japan, I ended up spending quite a few hours in my kids' classrooms and teaching English to them. Would a working visa be another solution? Would an elementary school be able to hire a foreigner?

A: It sounds like you have a decent relationship with your ex-wife and her family. That helps a lot, but may not help you get a working visa. If you are not married, I do not think that the family can sponsor you for a visa. That only works for a spouse visa. You would need some kind of work visa which usually requires a college degree. If you ex-wife does not approve of your teaching at your children's school, my guess is that they would not hire you under any circumstances. But if she does, and if they have an opening and can get you a visa, that would be a unique opportunity. You might look into the JET program (search google: jet program japan) although I do not think they allow you to choose schools.  The only substantial thing I can think of that they could do, would be to give you full custody of your children in Japan, in which case you could probably get a long term "parent of a Japanese child" visa.  But my guess is that they are unlikely to do this, as this would allow you to remove them from Japan.

Essays

A proposal and petition for for visas for non-custodial parents.

Resources

• Ministry of Foreign Affairs Page on Visa

  •     Guide To Japanese Visas

  •     Description of types of visas.

• PERMANENT RESIDENCY (EIJUUKEN) IN JAPAN - How to get it and why.