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If my spouse visa is approved while I am on a short stay, do I have to go home?

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

As a rule, you need to go home once, have a visa issued at the embassy or consulate there, and then enter Japan. This is because the 在留資格認定証明書 is a certificate for having a visa issued to you in your home country. A change from 短期滞在 is allowed only where there are "unavoidable special circumstances".

What is this enquiry about?

An enquiry from someone waiting for a Certificate of Eligibility: if it is issued while they are in Japan on a visa-free short stay, can they obtain it in Japan without going home?

Once the Certificate of Eligibility is issued, what is the standard route?

You go home once, have a visa issued at the embassy or consulate there, and then enter Japan.

The 在留資格認定証明書 (COE) is a certificate for having a visa issued to you at a Japanese embassy or consulate overseas.

Once the COE is issued, the proper procedure is to return to your home country, show the COE at the Japanese embassy or consulate-general there, have a visa issued, and enter Japan afresh with the status of residence 「日本人の配偶者等」.

在留資格「短期滞在」 (Temporary Visitor), which includes a visa-free stay, is a status of residence for purposes such as tourism or visiting relatives, that is, activities that do not involve earning money in Japan or staying long term. For that reason, changing to a long-term status of residence inside Japan is, as a rule, not allowed.

Can I change status without going home?

This is an exceptional treatment, allowed only where there are "unavoidable special circumstances".

A change from 短期滞在 (including a visa-free stay) to 「日本人の配偶者等」 is allowed only in the very limited cases where there are "unavoidable special circumstances" (やむを得ない特別の事情).

This is based on 入管法第20条第3項ただし書き. For a person staying with the status of residence 短期滞在, an 在留資格変更許可申請 (Application for Change of Status of Residence) "is not to be granted unless it is based on unavoidable special circumstances". It is treated as an exceptional procedure.

Even if you entered visa-free, in law you are staying in Japan with the status of residence 「短期滞在」. The procedure for switching this 「短期滞在」 to a different status of residence, 「日本人の配偶者等」, is in law an 「在留資格変更許可申請」.

The fact that a 在留資格認定証明書 has already been issued does not work in your favour when this change of status is decided. The certificate is for having a visa issued in your home country, so please do not assume that, because it has been issued, you can carry out the procedure while remaining in Japan.

What should I actually do?

First consult the Regional Immigration Services Bureau, and if you are told to go home, the safest course is to go home.

  1. Consult them first: once the COE is issued, tell the Regional Immigration Services Bureau that you would like to make a change application without going home. When you do, you need to explain clearly the "unavoidable reason why it is difficult for you to go home". This may include the disadvantages to your married life if you go home, humanitarian reasons, or disadvantages at work, so explain those circumstances carefully and in plain terms.
  2. Keep going home in view: if you are strongly advised to go home, forcing a change application through is not a good idea. Going home as advised, obtaining a visa and re-entering is the surer route.
  3. Prepare the documents in parallel: if the COE has been issued, the main documents needed for the application are already in place. If you do make a change application, prepare the application form and a "written explanation setting out why it is difficult for you to go home", and submit them together with the COE.

While you are in Japan on a short stay, please take great care that your period of stay does not expire.

Frequently Asked Questions

Once the 在留資格認定証明書 is issued, do I always have to go home once?

As a rule, you return to your home country, show the certificate at the Japanese embassy or consulate-general there, have a visa issued, and enter Japan afresh with the status of residence 「日本人の配偶者等」.

If I am staying visa-free, is it also a "change application"?

Yes. Even if you entered visa-free, in law you are staying in Japan with the status of residence 「短期滞在」. The procedure for switching this to a different status of residence is in law an 「在留資格変更許可申請」.

In what cases is a change from 短期滞在 to a spouse visa allowed?

Under 入管法第20条第3項ただし書き, an 在留資格変更許可申請 made from 短期滞在 is not to be granted unless it is based on "unavoidable special circumstances". The fact that a 在留資格認定証明書 has already been issued does not work in your favour in this decision.

What should I do if the Regional Immigration Services Bureau advises me to go home?

Forcing a change application through is not a good idea. Going home as advised, obtaining a visa there and re-entering is the surer route.

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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.