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Can I renew my spouse visa if I spend half the year overseas?

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

If you go on spending half the year overseas, you may be asked to give the reason for the long absence when you renew your spouse visa. This is because the screening puts weight on the real situation, that is, whether the two of you "live together, cooperate with each other, support each other and share a life". You need to prepare to prove with documents that the base of your life is in Japan.

What is this enquiry about?

An enquiry from a man who had gone back to his home country for about half of every year to work, and was told at his 3rd renewal that this could not be accepted.

Why was it accepted before, but not this time?

Because once long periods of living apart become the norm, it becomes harder to see this as a settled married life in Japan.

In a spouse visa renewal, the screening officer puts weight on the real situation, that is, whether the two of you "live together, cooperate with each other, support each other and share a life".

If a state of "living apart for half of every year" continues over several years, it becomes easier to view this not as a settled married life in Japan, but as a marriage kept up in form only in order to hold on to a visa. The fact that renewals were granted in the past does not mean that the next one will be granted.

Where does the reason for not accepting it lie?

It is judged that the base of your life is not in Japan, so there is seen to be little substance to living together, cooperating and supporting each other.

This is why explaining a proper reason, such as "it is for my business in Italy", is not enough on its own.

How should I prove things if I have long absences from Japan?

Simply stating the fact that "I was working" is not enough. You need to show with documents that you have kept Japan as the base of your life.

  1. Your intention to keep living in Japan: prove that you also have a base of life in Japan (a home or property), and that the stay overseas is no more than temporary work.
  2. The ties between the two of you: show, with call logs, remittance records and the like, how you kept in touch and maintained your emotional and financial ties while you were apart.
  3. Your plans for where you will live: set out how things will improve, for example that you plan to move your base entirely to Japan in the future, or that you intend to travel out of Japan less often.

If your total days outside Japan in a year come to more than 150 to 180 days, it is said to be a practical rule of thumb that you should prepare on the basis that you will be asked for the reason at your next renewal. The idea that "we are married, so of course the renewal will go through" does not hold under the current screening standards.

Related reading: Is it all right to leave Japan for a long time and leave my Japanese spouse behind?

Frequently Asked Questions

What does a spouse visa renewal look at in practice?

Weight is put on the real situation, that is, whether the two of you "live together, cooperate with each other, support each other and share a life". If a state of living apart for half of every year continues, it becomes harder to see this as a settled married life in Japan.

If renewals went through before in the same situation, will the next one be fine?

Not necessarily. If long periods of living apart continue over several years, it becomes easier to view the marriage as one kept up in form only, and past approvals do not mean that the next one will be granted.

Is it not enough to say that I am working overseas?

Simply stating the fact is not enough. You need to prove, with documents, that you also have a base of life in Japan and that the stay overseas is no more than temporary work, that you kept up your ties as a couple while apart, and what your plans are for where you will live.

From how many days out of Japan a year should I start being careful?

If your total days outside Japan in a year come to more than 150 to 180 days, it is said to be a practical rule of thumb that you should prepare on the basis that you will be asked for the reason at your next renewal.

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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.