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 there is no marriage at present, you cannot obtain the 在留資格「日本人の配偶者等」 directly. This is because this status of residence is granted to people who are married in law. There are 2 possible paths: completing the marriage procedure before the birth, or going through 胎児認知 and then considering 「定住者」.
An enquiry from someone who is pregnant with her Japanese partner's child and has not yet registered a marriage.
No. 「日本人の配偶者等」 is a status of residence granted to people who are married in law.
Because there is no marriage at present, you cannot obtain the 在留資格「日本人の配偶者等」 directly. This is because this status of residence is granted to foreign nationals who are married in law.
That said, taking into account that you are pregnant, several possibilities can be considered. They are explained in turn below.
Once the marriage takes effect, you can apply for 「日本人の配偶者等」. This is the most usual way.
The most usual way is to complete the legal marriage procedure in either Japan or China. Once the marriage takes effect, it becomes possible to apply for the 在留資格「日本人の配偶者等」.
In either case, once the marriage has formally taken effect, you then make a 在留資格認定証明書交付申請 (Application for Certificate of Eligibility) for 「日本人の配偶者等」 at the 地方出入国在留管理局 (Regional Immigration Services Bureau) in Japan. After the certificate is issued, the next step is to apply for a 査証 (visa) at the Japanese embassy or consulate in your country.
The child acquires Japanese nationality, and 「定住者」 may be granted to you as the person caring for and raising that child.
Even if the birth takes place before the marriage, if your Japanese partner acknowledges the child during the pregnancy (胎児認知, acknowledgement of an unborn child), the child can acquire Japanese nationality (under the Nationality Act).
In that case, you yourself may be granted the 在留資格「定住者」 (Long-Term Resident) as the person supporting the child, caring for and raising a natural child of a Japanese national.
It is also possible to think of entering Japan first on 短期滞在 (Temporary Visitor) and then applying to change to 「定住者」. However, as a rule, changing from 短期滞在 to another status of residence is not easy. You need to explain the special circumstances thoroughly.
4 things matter: working together with your partner, financial stability, securing a home, and gathering information and preparing early.
Because there is no marriage at present, it is difficult to obtain 「日本人の配偶者等」 straight away. But whether you carry out the marriage procedure, or look into the possibility of a status such as 「定住者」 through 胎児認知, the starting point is to make concrete plans for the future together with your partner.
No. This is because 「日本人の配偶者等」 is a status of residence granted to foreign nationals who are married in law. This does not change even if you are pregnant.
Once the marriage takes effect, it becomes possible to apply for 「日本人の配偶者等」. You complete the marriage procedure in either Japan or the other country, and then make a 在留資格認定証明書交付申請 at the 地方出入国在留管理局 in Japan.
If your Japanese partner acknowledges the child during the pregnancy, the child can acquire Japanese nationality (under the Nationality Act). In that case, as the mother, you may be granted 「定住者」 as the person caring for and raising a natural child of a Japanese national.
As a rule, changing from 短期滞在 to another status of residence is not easy. If you wish to change, you need to explain the special circumstances thoroughly.
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This page is a translation of the Japanese original. Where the two differ, the Japanese version prevails.