My spouse visa renewal was denied. Can 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
Even if you are denied, the road to applying again remains open. First, check the document that states the reason for the denial. If the reason is not clear, please ask the 地方出入国在留管理局 (Regional Immigration Services Bureau). Move on to a fresh application once you are able to show with objective material that the reason has been resolved.
What is this enquiry about?
An enquiry from someone whose application to extend their period of stay was denied, asking what to do now.
Type of enquiry: 日本人の配偶者等 (Spouse or Child of Japanese National) (在留期間更新許可申請 / Application for Extension of Period of Stay)
A common situation: the person applied to extend their period of stay and was denied. The reason given says only "as a result of a comprehensive assessment", so they do not know what the problem was
Question: Why was it denied? Can I apply again?
What are the reasons a renewal is denied?
They can be grouped into 4: the substance of the marriage, the basis for daily life, conduct, and defects in the procedure.
The marriage has broken down or lost its substance
A long period of living apart: Where you have lived apart for a long time without a justifiable reason, it may be judged that there is no substance to your shared life as a couple
No contact: Where contact with your spouse has been cut off for a long time, doubts arise as to whether the marriage is continuing
Domestic violence: Where one partner commits domestic violence against the other, renewal for the partner who did so is more likely to be denied, from the standpoint of protecting the victim
Suspicion of a sham marriage: Where it is judged that the marriage was not a genuine marriage from the start, renewal is not granted
Note that while divorce talks are still ongoing, the divorce has not yet taken effect and you have not lost your status as a spouse. It is not the case that renewal is refused across the board simply because talks are ongoing; the decision turns on whether the substance of the marriage is there.
No settled basis for daily life
Where the income of the applicant or the spouse is very low, or there has been a long period without work, so that it is judged that there is not enough financial strength for a settled life in Japan
Receiving public assistance may be taken to mean that it is difficult to make an independent living
Where there are large debts with no prospect of repayment, doubts may arise about the stability of daily life
Poor conduct
A criminal record: Where you have been convicted in a criminal case in the past, denial of renewal becomes more likely
Repeated traffic offences: Serious traffic offences, or many repeated traffic offences, may also be judged to be poor conduct
Unpaid taxes and social insurance premiums: If national or local taxes, National Health Insurance premiums or National Pension premiums are unpaid, you are regarded as not having met your tax duties
Breaches of the 入管法 (Immigration Control and Refugee Recognition Act): Where you have breached the 入管法 in the past, for example by overstaying or working illegally, renewal is screened strictly
Defects in the renewal procedure
Where not all of the required documents have been provided
Where there are omissions or errors in the application form or the attached documents. If it is treated as a deliberately false application, it will be denied
An application made too close to the expiry of the period of stay may be denied, because there is not enough time for screening
What should I check when I receive a notice of denial?
First check the document that states the reason for the denial; if it is not clear, ask the 地方出入国在留管理局.
When you receive a notice of denial, first check the document that states the reason for the denial. Sometimes the reason is set out in concrete terms; sometimes it is put in general terms, such as "as a result of a comprehensive assessment".
If the reason is not clear, please consider asking the 地方出入国在留管理局 directly. An appointment may be needed, so check in advance.
Consulting a specialist can also help you grasp the reason for the denial accurately and plan what to do next.
What should I do before applying again?
Identify the reason for the denial, and get to the point where you can show with objective material that the reason has been resolved.
Analyse the reason for the denial and improve it Once you know the reason, take concrete steps to resolve it. On the marriage: stop living apart and start living together, keep in close contact, and gather objective material showing that the marriage is continuing (photographs, letters, message exchanges and the like). On the basis for daily life: secure a stable income, and if you have debts, draw up a repayment plan and carry it out. On conduct: reflect on past breaches and be thorough about following the law, and pay any unpaid taxes or social insurance premiums promptly.
Review your evidence and add to it Prepare enough objective material to show that the reason for the denial has been resolved or improved. Depending on your situation, gather items such as a residence record showing that you have started living together, documents proving a stable income, and tax payment certificates.
Redraft and check the application documents Correct the points that were defective in the previous application, and prepare application documents that state accurate information. Before you submit them, check again and again for omissions and errors. It is also useful to prepare a 理由書 (written explanation) setting out in concrete terms why you were denied and how you have improved matters.
When should I apply again?
Please do so at the point when you can judge that the reason for the denial has been improved enough.
You should apply again at the point when you can judge that the reason for the denial has been improved enough. If you rush into a fresh application, it is more likely to be denied again. Please allow yourself a proper period of preparation.
If it is hard to judge this for yourself, or if you are uneasy about the procedure for applying again, please consult a specialist such as a 行政書士 (certified administrative procedures legal specialist / gyoseishoshi) who knows immigration procedures well. You can get advice suited to your situation, from analysing the reason for the denial through to preparing the fresh application and drafting the documents.
Frequently Asked Questions
What should I do if no reason is given in the notice of denial?
If it is put in general terms, such as "as a result of a comprehensive assessment", please consider asking the 地方出入国在留管理局 directly. An appointment may be needed, so check in advance.
For what reasons is a renewal denied?
The 4 main reasons given are that the marriage has broken down or lost its substance, that there is no settled basis for daily life, poor conduct, and defects in the renewal procedure. Note that while divorce talks are ongoing, the divorce has not yet taken effect and you have not lost your status as a spouse, so renewal is not denied across the board simply because talks are ongoing; the decision turns on whether the substance of the marriage is there.
Can unpaid taxes and social insurance premiums also be a reason?
Yes. If national or local taxes, National Health Insurance premiums or National Pension premiums are unpaid, you are regarded as not having met your tax duties, and this may lead to a denial. If you have unpaid amounts, please pay them promptly.
Can I apply again straight away?
Please do so at the point when you can judge that the reason for the denial has been improved enough. If you rush into a fresh application, it is more likely to be denied again.
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.
