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My spouse visa was denied. What should I show when I apply again?

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

There is no limit on the number of applications. However, submitting the same documents again will not change the result. The first step is to find out the specific reason for the denial. On that basis, you build up objective material showing that there was a reasonable reason for living apart, and that the marriage really continued during that time.

What is this enquiry about?

An enquiry about re-applying, from a Japanese man whose spouse visa application was denied.

This article deals with the number of applications after a denial and the key points for re-applying, which are issues that apply whatever the time.

How many times can I apply?

As a rule there is no limit on the number. However, please avoid repeating documents with the same content.

For spouse visa applications, as a rule there is no limit on the number of applications.

However, if you submit documents with exactly the same content over and over, the screening officer may take this as a bad-faith application, and it can work against you. Rather than submitting the same thing again, fill in what was missing before you re-apply.

How do I find out the reason for the denial?

You can ask for an explanation of the reason at the screening counter of the Regional Immigration Services Bureau where you applied.

The notice of denial alone may not tell you enough about the specific reason. In that case, one way is to ask the screening counter of the Regional Immigration Services Bureau where you applied to explain the reason for the denied application.

It is also a good idea to look at 「在留資格の変更、在留期間の更新許可のガイドライン」 (Guidelines for Permission for Change of Status of Residence and Extension of Period of Stay), published by the Immigration Services Agency of Japan.

Identifying which of these was the problem, the substance of the marriage, a reasonable reason for living apart, your financial basis, or missing documents, is the first step towards re-applying.

What exactly are 疎明資料 (supporting documents)?

They are objective material that backs up the fact that you really are continuing married life as a couple.

Things showing contact between the two of you

Things showing the marriage

Things showing the reason for living apart

It is not a matter of explaining only that "we had not seen each other for 3 years". Please show, as a pair, why you needed to live apart and how you maintained your marriage during that time.

How do I explain a long period of living apart?

Set it out in time order, and show in concrete terms that the marriage has not become a formality.

Where 3 of the 5 years of marriage were spent living apart, the screening may naturally raise the question of whether the marriage has become a formality. So explain it in time order.

Marriage → start of living apart → reason for living apart → contact, remittances and visits while apart → the present → planned start of living together in Japan

On that basis, show the following 4 points.

  1. That there was regular contact
  2. That there were financial ties
  3. That you actually met
  4. That both of you intend to live together in the future

For example, you might write it like this.

"We lived apart for 3 years for work reasons, but we were in contact every day / every week, and visited each other ◯ times a year. I sent part of my salary as living costs for my spouse, and we spent anniversaries and family events together. We have now secured a home so that we can live together where the Japanese spouse lives."

What matters is to explain in concrete terms that living apart does not equal a broken marriage.

「日本人の配偶者等」 is recognised as a status of residence in its own right. In the screening, what matters is not simply that a 婚姻届 (marriage registration) exists, but that the applicant will actually carry out activities as the spouse of a Japanese national.

What should the Japanese spouse show?

If you will live together in Japan, show with documents that the two of you can live in a settled way.

Things about income

Things about housing

Please show in concrete terms that you have a plan to go on living in Japan as a married couple.

Should I leave a gap before re-applying?

No waiting period is set. Finding out the reason comes before leaving a gap.

There is no across-the-board waiting period such as "you cannot re-apply until ◯ months after a denial".

What matters is to understand the reason for the previous denial and to resolve that problem before you re-apply.

Put in order, it comes in this sequence

  1. Why you came to live apart
  2. How you maintained the marriage while apart
  3. How much contact, visiting and financial exchange there actually was
  4. Why you are now going to live together in Japan
  5. Whether the Japanese spouse has the income and housing to support that life
  6. Where and how you will continue married life from now on

The top priority before re-applying is not "how many months to wait", but "finding out the specific reason for the previous denial".

Frequently Asked Questions

How many times can I apply for a spouse visa?

As a rule there is no limit on the number. However, if you submit documents with exactly the same content over and over, this may be taken as a bad-faith application, and it can work against you.

Where can I find out the reason for the denial?

You can ask for an explanation of the reason at the screening counter of the Regional Immigration Services Bureau where you applied. The notice alone may not tell you the specific reason.

If we have lived apart for a long time, will the substance of the marriage be doubted?

It may become an issue. Please show, as a pair, why you needed to live apart and how you maintained your marriage during that time, using records of contact, remittances and visits.

Do I need to leave a few months before re-applying?

There is no across-the-board waiting period. Rather than the gap you leave, finding out the reason for the previous denial and resolving that problem comes first.

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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.