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Can my spouse apply for permanent residence at the same time, even on a work visa?

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. Read the Japanese original(日本語版を読む)

Answer

Even if your spouse holds a work visa, you can still apply for permanent residence at the same time. In that case, the spouse can receive the relaxed residence-period requirement (the special measure) in the same way as a spouse on 在留資格「家族滞在」 (Dependent). However, the spouse's own payment record for public obligations is examined as well.

What is this enquiry about?

An enquiry about applying together with a spouse, from someone applying for permanent residence under the 高度専門職 points special measure.

Can we apply together even though my spouse has a work visa?

Yes. There is no restriction saying the spouse must be on 「家族滞在」.

To give the conclusion first: even if your spouse holds a work visa (such as 「教育」), it is possible for her to apply for permanent residence at the same time as you. In that case, too, she can receive the relaxed residence-period requirement (the special measure) in the same way as a spouse on 「家族滞在」.

The Guidelines on Permission for Permanent Residence contain a relaxation which reads: in the case of a spouse of a Japanese national, of a 「永住者」 (Permanent Resident) or of a special permanent resident, the marriage must have continued in substance for at least 3 years, and the person must have resided in Japan continuously for at least 1 year.

In practice, at the moment you are granted permanent residence, your spouse is treated as having the status of being the spouse of a permanent resident. So even though she holds her own status of residence, 「教育」, rather than 「家族滞在」, the fact that she is your spouse does not change, and so the relaxation for applying together is accepted.

If your spouse has 7 years of residence on 「教育」 and the marriage has also lasted at least 3 years, then even without meeting the general 10-year residence requirement, it is thought that there is a good chance permanent residence will be granted, on the premise that your own application is approved.

Does it help that my spouse has a work visa?

It lifts the household's total income, so in terms of the stability of your livelihood there are ways in which it does help.

If your spouse has a stable income of her own, the household's total income is higher, so the "stability of your livelihood" is rated more highly.

Note that under 在留資格「家族滞在」, income from part-time work earned under 資格外活動許可 (Permission to Engage in Activity Other Than That Permitted) is not part of what is examined, so it is not counted in your favour.

What should we watch out for if my spouse has a work visa?

Her own record of social insurance, pension and tax payments is checked closely.

Because your spouse holds a status of residence of her own, her own payment record for "social insurance", "pension" and "tax" is checked closely.

If these have not been handled properly at your spouse's workplace, or if there are unpaid amounts, this may also affect the screening of your own application.

What should we check before applying?

3 things: applying together rather than separately, checking the payment records, and the material proving your points.

  1. Apply "together", not "separately"
    If your spouse applies for permanent residence on her own, 10 years of residence is required in principle. It is only by applying at the same time as you that her case can be examined on 7 years of residence (the relaxed requirement).
  2. Check the social insurance record
    We do see cases where there is a history of a lump-sum withdrawal payment from the pension, of exemptions, and so on. Before applying, it is recommended in practice to check on 「ねんきんネット」 (Nenkin Net, the online pension record service) or similar whether there are any delays in your spouse's pension and health insurance payments for the most recent 2 years (or for the period covered by the 高度専門職 points).
  3. Prove your points
    Even if you do not actually hold the status of residence 「高度専門職」, you can apply as long as you can show that you had at least 70 points both 3 years ago and now. Please gather all the material, such as proof of your annual income at that time.

The fact that your spouse works in her own right is received favourably, as evidence that she contributes to the local community in Japan and is self-supporting. Special documents may also be needed, for example where the social security agreement with France applies, so please check in advance.

Frequently Asked Questions

Can we only apply together if my spouse is on 「家族滞在」?

There is no such restriction. Even if your spouse holds a work visa (such as 「教育」), she can apply for permanent residence at the same time, and she can also receive the relaxed residence-period requirement.

What happens if my spouse applies for permanent residence on her own?

In principle, 10 years of residence is required. It is only by applying at the same time as the main applicant that the case can be examined under the relaxed requirement.

Is there any disadvantage in screening if my spouse has a work visa?

You need to be aware that her own record of social insurance, pension and tax payments is checked closely. If these have not been handled properly at her workplace, or if there are unpaid amounts, this may also affect the screening of the main applicant.

Can I use the points special measure even without holding the 高度専門職 status of residence?

Yes. Even if you do not actually hold the 高度専門職 status of residence, you can apply as long as you can show that you had at least 70 points both 3 years ago and now. Please gather material such as proof of your annual income at that time.

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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.