If my spouse changes jobs often, should we apply for permanent residence together?
Foreigners Employment Support Organization (FESO) ／ Published ／ Last updated
This article is a translation of the Japanese original. Where the two differ, the Japanese version prevails.
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Answer
Permanent residence is judged on whether the applicant personally meets the requirements. For that reason, there is no need for the whole family to apply at the same time. Until your spouse's income looks likely to become stable, applying on your own first is the safer option.
What is this enquiry about?
An enquiry from a woman whose husband changes jobs often, who is unsure whether the family should apply together.
Subject: how family circumstances, and a spouse who changes jobs often, affect an application for permanent residence
Application type: first-time application
Situation: Indonesian national, female. Her current status of residence is 在留資格「技術・人文知識・国際業務」 (Engineer/Specialist in Humanities/International Services). Her husband is also an Indonesian national and is an engineer under 在留資格「高度専門職ロ」 (Highly Skilled Professional), but he changes jobs quite often. He is leaving his job again this month and plans to work as a freelance engineer from next month. They have 2 children, and the household income of husband and wife together is more than 7 million yen (700万円).
Question: When applying for permanent residence, which is better: applying on my own first, or the whole family applying at once?
Does the whole family have to apply for permanent residence together?
No. Permanent residence is judged applicant by applicant.
An 永住許可申請 (Application for Permanent Residence) is, as a rule, judged on whether the applicant personally meets the requirements. There is therefore no need for the whole family to apply at the same time.
How do family circumstances affect screening?
Whether you support dependants, and how stable the family's life as a whole is, are taken into account in screening.
Where you have a family, the Regional Immigration Services Bureau may take the situation of the family as a whole into account when it screens the application. The following points in particular are looked at.
Dependants: where the applicant supports family members, whether there is stable income enough to support the family's living
The family's situation: whether the whole family can live a stable life in Japan
Does it count against us that my spouse changes jobs often?
It may have an effect in 3 areas: status-of-residence procedures, the stability of income, and the stability of the occupation.
Whether 高度専門職ロ still applies: 高度専門職 is a status of residence tied not only to the result of the points calculation for the person himself, but also to the duties he performs at the company where he works. A change of jobs therefore means an 在留資格変更許可申請 (Application for Change of Status of Residence) has to be made again.
The stability of income: where someone changes jobs often, there may be concern that the income will be unstable. Care is needed in particular where the person will work as a freelancer, because income may vary more widely.
The stability of the occupation: it is understood that engineers often change jobs in order to build their skills, but changing jobs extremely frequently may be judged to show a lack of stability in the occupation.
How do I decide between applying first and applying together?
Deciding on the basis of how stable your husband's income will be from now on is a good approach.
Where your husband's income can be judged to be stable
Where there is a good prospect of stable income as a freelancer (for example, several contracts are already in place, or the income outlook is clear), it is thought that the whole family may apply at the same time without difficulty.
Where your husband's income may become unstable
The safer option is for the enquirer to apply on her own first, and to consider her husband's application for permanent residence once his income has become stable.
In the enquirer's case, the household income is more than 7 million yen (700万円), so it is thought that economic stability is met to a reasonable degree. Even so, the stability of her husband's income is an important point in screening.
What are the main requirements for permanent residence?
In addition to the 3 requirements of good conduct, independent living and being in the interests of Japan, the number of years of residence and the carrying out of public duties are looked at.
Being of good conduct
Having sufficient assets or skills to make an independent living
That the person's permanent residence is recognised as being in the interests of Japan
As a rule, having resided in Japan continuously for at least 10 years. However, in the case of the spouse of a Japanese national, the spouse of a 永住者 (Permanent Resident) or the spouse of a 特別永住者 (Special Permanent Resident), a genuine marital relationship that has continued for at least 3 years, together with continuous residence in Japan for at least 1 year
Having carried out your public duties
Note that the requirements set out in the Guidelines on Permission for Permanent Residence are the 3 of good conduct, independent living and being in the interests of Japan, and they do not include any standard for Japanese language ability. Preparing for a Japanese language test is not something you have to do, so please rest assured on that point.
In what order should we proceed from here?
Settle the status of residence, set out the income outlook, then prepare the supporting documents.
Settle your husband's status of residence Even where he has left his job, make the application needed to secure his status of residence.
Set out the income outlook Set out in concrete terms what income can be expected from working as a freelancer. Make clear which companies he plans to contract with, the amounts, the contract periods and so on.
Prepare documents proving income Prepare contracts, invoices, records of payments received and the like.
Consult the Regional Immigration Services Bureau with jurisdiction over where you live Explain your situation in detail and check which way of applying is better and what documents will be needed.
Frequently Asked Questions
Does the whole family have to apply for permanent residence at the same time?
No. An 永住許可申請 is, as a rule, judged on whether the applicant personally meets the requirements.
If my spouse holds 高度専門職 and changes jobs, is any procedure needed?
Yes. 高度専門職 is a status of residence tied not only to the person's points but also to the duties performed at the company where they work, so a change of jobs means an 在留資格変更許可申請 has to be made again.
If my spouse is becoming a freelancer, what should we prepare?
Set out the income outlook in concrete terms, including which companies they plan to contract with, the amounts and the contract periods, and then prepare documents proving income such as contracts, invoices and records of payments received.
If I am not the spouse of a Japanese national, do I need 10 years of residence?
As a rule, the requirement is continuous residence in Japan for at least 10 years. For the spouse of a Japanese national, the spouse of a 永住者 or the spouse of a 特別永住者, it is enough to have a genuine marital relationship that has continued for at least 3 years, together with continuous residence in Japan for at least 1 year.
This article provides general information. Immigration rules change, and outcomes depend on individual circumstances. Please check the Immigration Services Agency website or consult a qualified specialist.
This page is a translation of the Japanese original. Where the two differ, the Japanese version prevails.
