How a Permanent Residence Application Differs for Spouse Visa Holders

Permanent Residence Applications by Spouse Visa Holders

For foreign nationals who have resided in Japan for a long time and plan to continue residing in Japan, obtaining Permanent Residence is well worth considering.

Permanent Residence and the Spouse visa share the common feature of being visas for residing in Japan, but Permanent Residence differs from the Spouse visa in the following ways.

No Need to Renew the Status of Residence

With the Spouse visa, you must complete renewal procedures for your Status of Residence each time the granted period of stay — 1 year, 3 years, 5 years, etc. — expires. What’s more, renewal is not guaranteed to be approved. If renewal is denied, you must reapply or apply for a change to another Status of Residence. If that reapplication or change application is also denied, you ultimately lose your visa and must leave Japan. By obtaining Permanent Residence, you no longer need to renew your Status of Residence, freeing you from these cumbersome Spouse visa procedures.

No Need to Change the Status of Residence in the Event of Divorce or Bereavement

With the Spouse visa, if you divorce or are bereaved, you lose your Status of Residence and must apply for a change to another Status of Residence. As above, if this is denied, you lose your visa and must leave Japan. By obtaining Permanent Residence, even in the event of divorce or bereavement, no change of Status of Residence is required, and you can continue to reside in Japan as before.

Loans and Bank Financing Become Easier to Obtain

As a practical effect of obtaining Permanent Residence, your social credibility improves, so loans and bank financing become easier to obtain compared with the Spouse visa. In addition, those currently residing on the Spouse visa enjoy somewhat special standards regarding the acquisition of Permanent Residence. This page explains the differences between Permanent Residence applications by Spouse visa holders and those by general foreign nationals.

What Is Permanent Residence?

Permanent Residence refers to the right of a foreign national to reside in the host country without restrictions on residence activities or period of stay.
In Japan, foreign nationals who obtain the “Permanent Resident” Status of Residence obtain Permanent Residence.

What Is the Spouse Visa?

The Spouse visa is the visa for residing in Japan on the “Spouse or Child of Japanese National” Status of Residence. Typically, this Status of Residence is obtained by foreign nationals who reside in Japan after marrying a Japanese national, or by foreign nationals who are the biological children of Japanese nationals.

Requirements for Permanent Residence

To obtain Permanent Residence, the following requirements must be satisfied.

For details on each requirement, please see this page (Regarding the Requirements for Permanent Residence).

(1) Being of good conduct.

(2) Having sufficient assets or skills to make an independent living.

(3) Not being a burden on public funds in daily life, and being expected to lead a stable life in the future based on the assets, skills, etc., the applicant possesses.

(4) The person’s permanent residence being recognized as consistent with the interests of Japan (satisfying all of (a) through (d) below).

(a) Having resided continuously in Japan for 10 years or more.
* Within this period, 5 years or more of continuous residence on a work-related or status-based Status of Residence is required.

(b) Not having received a fine, imprisonment, or similar penalty, and having properly fulfilled public duties.
(c) Residing under the longest period of stay for the Status of Residence currently held.
(d) Not being likely to be harmful from a public health standpoint.

Differences for Foreign Nationals on the Spouse Visa

Regarding “Being of Good Conduct”

Spouse visa holders are exempt from this requirement.

Regarding “Having Sufficient Assets or Skills to Make an Independent Living”

Spouse visa holders are exempt from this requirement.

Regarding “Having Resided Continuously in Japan for 10 Years or More”

(a) In the case of a foreign national residing in Japan after marrying a Japanese national, the requirement of “10 years or more continuously” is relaxed to “a substantive marriage continuing for 3 years or more, and continuous residence in Japan for 1 year or more.” In other words, a person who has been married to a Japanese national for 3 years or more satisfies this requirement by residing in Japan for at least 1 year (the other 2 years may have been spent overseas).

However, since a “substantive marriage” is required, this is not recognized for couples who have only completed the formal marriage procedures and are not leading what could properly be called a married life — please be aware of this. Strictly speaking, this requirement does not require the “Spouse or Child of Japanese National” Status of Residence; it is recognized as long as you are married to a Japanese national.

Specifically, foreign nationals who are married to a Japanese national but hold a Status of Residence such as “Engineer / Specialist in Humanities / International Services” also fall under this requirement.
If you are unsure whether you qualify, we recommend consulting a specialist.

(b) In the case of a biological child of a Japanese national (including specially adopted children)

The “10 years or more continuously” requirement is relaxed, and this requirement is satisfied by continuous residence of 1 year or more.
Ordinary adopted children do not fall under this provision, so please note that ordinary adopted children must continue to reside for 10 years or more, as a general rule.

Regarding “Having Properly Fulfilled Public Duties”

Whether there have been any delays or unpaid amounts in tax and pension payments will be checked. In the case of Spouse visa holders, delays and unpaid amounts will be checked not only for the foreign national applicant themselves but for the entire family. Even if the applicant’s payments are in order, if a family member has delays or unpaid amounts, this can become a reason for denial of the Permanent Residence application, so careful confirmation is necessary.

Regarding the Personal Guarantor

A personal guarantor is required for a Permanent Residence application. As a general rule, for foreign nationals married to a Japanese national, the Japanese spouse serves as the guarantor; for biological children of Japanese nationals, the Japanese parent serves as the guarantor. If the Japanese spouse or Japanese parent does not serve as guarantor, the Permanent Residence application may be denied.

Key Points: How a Permanent Residence Application Differs for Spouse Visa Holders

This page has explained how a Permanent Residence application differs for Spouse visa holders. The rules for Permanent Residence applications are complex.
As described above, those holding the Spouse visa may have advantages in a Permanent Residence application.
If you are unsure on your own, it is important to consult a specialist and make an appropriate Permanent Residence application.