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）
Where the Japanese spouse is posted overseas and has no base of daily life in Japan, it is as a rule very difficult for the foreign spouse to file a 在留資格認定証明書交付申請 on their own. This is because 「日本人の配偶者等」 is a status of residence that assumes the couple will live together in Japan and build a stable married life through mutual cooperation.
An enquiry from a Japanese husband posted overseas and a foreign wife who wants to move to Japan ahead of him.
You can file the application itself, but as a rule it is very difficult.
在留資格「日本人の配偶者等」 assumes that the couple will live together in Japan and build a stable married life through mutual cooperation. If the Japanese spouse does not have the base of their daily life in Japan, there is a high chance this assumption will be judged not to hold.
A pattern in which the spouse files the 在留資格認定証明書交付申請 alone and enters Japan first is very different from an ordinary application, so careful preparation is needed.
3 points: the base of daily life in Japan, the credibility of the marriage, and the ability to make a living.
Where the date of return is objectively fixed, and housing in Japan has also been secured.
This is where a specific date of return has been set by a company transfer order or similar, and this can be proved objectively. Along with this, it is desirable that housing for the couple to live in after the return (already rented, already purchased, and so on) has already been secured. In such a case, you explain specifically in a written explanation that what the spouse would do by coming to Japan first (studying Japanese, preparing to look for work, and so on) is necessary and reasonable as preparation for the couple's life in Japan.
One approach is to first consider entering on 短期滞在 (Temporary Visitor). However, 短期滞在 is for tourism or visiting relatives, and is not suited to job hunting or house hunting on the assumption of a long stay. Also, a change of status of residence from 短期滞在 to 「日本人の配偶者等」 is as a rule not permitted.
Where the supporter is not a Japanese spouse but someone holding a work-related status of residence in Japan, such as 「技術・人文知識・国際業務」 (Engineer/Specialist in Humanities/International Services), there may be a possibility of entering on 「家族滞在」 (Dependent). However, 「家族滞在」 assumes that the supporter is residing in Japan.
For the Japanese spouse to return to Japan and place the base of their daily life there, and then apply.
In the current situation, the lowest-risk course is to finish the overseas posting, return to Japan, place the base of daily life in Japan, and then file the spouse's application for 「日本人の配偶者等」. Because you can then show a record of the couple starting to live together in Japan and sharing one household, the chance of permission rises.
If even so you wish to bring your spouse to Japan first, it is essential to make the specific date of return clear, secure housing in Japan, and explain the situation in a detailed written explanation. This kind of case is more complex than an ordinary application, and there is a wide margin of discretion in screening, so we recommend consulting a specialist in residence procedures.
Filing the 在留資格認定証明書 for 「日本人の配偶者等」 on her own and entering Japan first is as a rule very difficult. This is because this status of residence assumes that the couple will live together in Japan and lead a married life through mutual cooperation.
A change of status of residence from 短期滞在 to 「日本人の配偶者等」 is as a rule not permitted. Also, 短期滞在 is for tourism or visiting relatives, and is not suited to job hunting or house hunting.
3 points: whether the Japanese spouse has the base of their daily life in Japan, the credibility of the marriage, and the ability to make a living in Japan. Whether the person is in substance living in Japan is judged from the resident registration, tax payment, enrolment in social insurance, and so on.
You would show that a specific date of return has been set by a company transfer order or similar and can be proved objectively, and that housing after the return has been secured, and then explain specifically in a written explanation why the spouse needs to come to Japan first.
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This page is a translation of the Japanese original. Where the two differ, the Japanese version prevails.