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）
If you put forward someone other than your spouse as 身元保証人 (guarantor), it may be judged that there is no substance to the marriage, and denial becomes more likely. This is because the 身元保証書 (Letter of Guarantee) is not a financial guarantee but a document used to confirm the substance of the marriage. Only where there are circumstances that can be explained with objective evidence, such as ongoing 離婚調停 (divorce mediation) or having fled domestic violence, is an exception sometimes allowed.
An enquiry from someone whose marriage has deteriorated and whose spouse refuses to sign the 身元保証書.
You can submit such a document, but denial becomes more likely.
If you submit a 身元保証書 from your spouse's parents or the president of your company simply because "we are not getting on", the reality is that it may be judged that there is no substance to the marriage (that it is a marriage in name only, or has already broken down), and denial becomes more likely.
Whoever you put forward instead, the very fact that "the spouse is not the 身元保証人" is a major negative factor in screening.
Because the 身元保証書 is not a financial guarantee but a document used to confirm the substance of the marriage.
The 地方出入国在留管理局 (Regional Immigration Services Bureau) asks for a 身元保証書 when renewing 「日本人の配偶者等」 not simply because it wants a financial guarantee. "The spouse guarantees the person" is taken to mean "we still live as a married couple and support each other", so the document is treated as proof used to confirm the substance of the marriage (living together and supporting each other).
At first sight this seems fine, but it easily gives rise to doubts such as "is the spouse, the very person who matters, refusing to guarantee?" or "has the marriage already gone cold, with the parents just helping out for form's sake?"
People tend to think that a guarantee from the company is reassuring, but that is the way of thinking that applies to work-related statuses of residence. If your manager at work is the guarantor in screening for 「日本人の配偶者等」, it may be taken to mean that you live apart from your spouse and that the financial tie between you has been cut, and this is a major negative factor when the genuineness of the marriage is screened.
Only where there is a sound reason why you cannot get your spouse's cooperation, and you can show it with objective evidence.
In either case, depending on the situation you may be encouraged to consider changing your status of residence to 「定住者」 (Long-Term Resident).
Before turning to your parents-in-law or the company president, please consider these 3 paths.
If you have not yet filed for divorce and there is still room to repair the relationship, getting your spouse's cooperation for this renewal is the safest and most reliable way.
If the marriage has completely broken down and your spouse will not sign, you would either instruct a lawyer or file for 離婚調停 at the family court, and then submit evidence that mediation is under way together with a detailed written statement of the circumstances (上申書). The risk of denial remains.
If you have graduated from university and are doing specialised work at your current employer, considering a 在留資格変更許可申請 (Application for Change of Status of Residence) to a status such as 「技術・人文知識・国際業務」 (Engineer/Specialist in Humanities/International Services) may in some cases be the surer way to stay in Japan.
Applying while hiding this amounts to a false application and leads to a heavier outcome.
Thinking "if I get someone else to write their name, no one will know" and applying while hiding that you live apart or do not get on amounts to a false application, and could lead to your being unable to stay in Japan in future.
What you should do differs a great deal depending on whether your marriage can still be repaired, or whether you are at the stage of moving to legal divorce proceedings. Before it is too late, take an objective look at where you stand and, if you need to, consult a specialist such as a 行政書士 (certified administrative procedures legal specialist / gyoseishoshi) or a lawyer early.
You can submit such a document, but the very fact that your spouse is not the guarantor raises doubts, and denial becomes more likely. This is because, even if your parents-in-law are behind you, it is easily taken to mean that the spouse, the very person who matters, is refusing to guarantee.
Where 離婚調停 or litigation has begun at the family court, and where you are under the protection of a public body because of domestic violence by your spouse. In both cases, it is a precondition that you can submit objective evidence, such as a notice of the hearing date or a certificate of protection.
If you have graduated from university and are doing specialised work, one way is to consider a 在留資格変更許可申請 to a status such as 「技術・人文知識・国際業務」. Depending on the situation, you may also be encouraged to change to 「定住者」.
No. Applying while hiding that you live apart or do not get on amounts to a false application, and could lead to your being unable to stay in Japan in future.
Tell us your situation and we will answer it directly. Available in Japanese and English.
Get a free consultationThis 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.