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Can my own father be the guarantor for a spouse visa?

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

The 身元保証人 (guarantor) should as a rule be the Japanese spouse themselves, and a 身元保証書 (Letter of Guarantee) from the father alone is likely to be treated as insufficient. This is because the 身元保証書 is seen as a responsibility to be borne by the person who supports the applicant's life most closely. Please use the father's financial strength as material that supplements the ability to make a living.

What is this enquiry about?

A Japanese spouse living overseas asks whether she can go ahead with her husband's Certificate of Eligibility application using her father in Japan as the guarantor.

Who should be the guarantor?

As a rule, the Japanese spouse themselves.

As a rule, the person who can be the 身元保証人 for a foreign spouse is the Japanese spouse.

The 身元保証書 guarantees things such as the applicant's living costs in Japan and the cost of returning home. It is seen as a responsibility to be borne by the person who supports the foreign spouse's life most closely. That is because the status of residence is granted on the basis of the marriage to the Japanese spouse.

So submitting only a 身元保証書 from the father is thought to be very likely to be treated as insufficient.

If you live overseas

Even if the Japanese spouse lives overseas, they can still be the 身元保証人. Living in Japan is not itself a requirement.

However, there is room for doubt to be raised, on the ground of physical distance, about how far the guarantee actually works in practice. If the Japanese spouse is to be the only 身元保証人 while living overseas, please consider adding a family member who lives in Japan as a supplementary guarantor.

What role can the father play?

He can act as a supplementary guarantor, backing up the ability to make a living.

Where it is difficult for the Japanese spouse to be the 身元保証人 themselves (for example, where income or a record of paying tax is lacking), a family member is sometimes added as a further guarantor.

What should a couple living overseas be especially careful about?

The biggest challenge is how to prove that life will be stable after returning to Japan.

In terms of order, one possible arrangement is this: the enquirer first signs and seals as the 身元保証人, and then either has the father sign as an additional guarantor, or attaches a 「生計維持に関する説明書」 (a written statement about how the family will make a living), together with documents showing the father's financial strength, so that he supports the application strongly.

Frequently Asked Questions

As a rule, who should be the guarantor for a foreign spouse?

As a rule, the Japanese spouse. The 身元保証書 guarantees things such as the applicant's living costs in Japan and the cost of returning home, and it is seen as a responsibility to be borne by the person who supports the foreign spouse's life most closely.

Can I submit only a 身元保証書 from my father in Japan?

That is thought to be very likely to be treated as insufficient. It works better to have the Japanese spouse act as the 身元保証人, and to add the father, who is financially strong, as a supplementary guarantor.

What can I do if I have no record of income or tax payment in Japan?

Prepare proof of income earned overseas, bank balances, and concrete proof of financial support from relatives in Japan, more carefully than usual. Submit the relative's certificate of residence and certificates of income and tax payment as material proving how the applicant will make a living.

If I plan to open a business after returning to Japan, how do I show that my livelihood will be stable?

At the time of screening the business has not opened yet, so submit concrete material showing that it will be workable after you return: a business plan, the location of the premises, a funding plan and so on. It is important to make it consistent with the other documents you attach.

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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.