How does a spouse visa differ between applying from overseas and changing status in Japan?

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）

Who this article is forA person married to a Japanese national asks whether to apply for a spouse visa from overseas, or to change status inside Japan.

What is this enquiry about?

A person married to a Japanese national asks whether to apply for a spouse visa from overseas, or to change status inside Japan.

How does it work if I bring my spouse over from overseas?

You apply in Japan for the 在留資格認定証明書, and once it is issued, apply for a 査証 at the embassy or consulate in your country.

Where the foreign spouse is outside Japan and is newly obtaining the status of residence 「日本人の配偶者等」, the procedure used is the 在留資格認定証明書交付申請. It is carried out before entering Japan.

1. Preparing the documents / The foreign spouse prepares the documents needed from their home country.
2. Applying for the certificate in Japan / The Japanese spouse applies to the 地方出入国在留管理局 (Regional Immigration Services Bureau) that covers their place of residence.
3. Screening / On the basis of the documents submitted, matters such as the credibility of the marriage and the stability of the couple's livelihood are examined.
4. The 在留資格認定証明書 is issued / It is issued once the application passes screening. It is an important document, showing that the person may enter Japan with the status of residence 「日本人の配偶者等」.
5. Applying for a 査証 in your country / The foreign spouse takes the certificate that has been issued, together with their passport and other documents, to the Japanese embassy or consulate in their country, and applies for a 査証.
6. The 査証 is issued and you enter Japan / Once the 査証 is issued, the person enters Japan, goes through immigration inspection, and is granted the status of residence 「日本人の配偶者等」.

Advantages

• You can bring over a spouse who is not yet living in Japan, with a proper status of residence
• Because you know where you stand on the status of residence before entering Japan, you can prepare for the move with peace of mind
• Even if the couple are not in Japan, a relative in Japan can make the application

Disadvantages

• The foreign spouse cannot carry out the application in Japan themselves. The Japanese spouse (or a relative in Japan) has to do it
• Preparing and posting documents, and going through procedures in both countries, can take time
• Screening tends to take comparatively longer

How does it work if my spouse is already in Japan?

The foreign spouse applies in person to the 地方出入国在留管理局 for a change of status of residence.

Where a person is already staying in Japan on some status of residence (「短期滞在」 (Temporary Visitor), 「留学」 (Student), a status that permits work, and so on) and switches to 「日本人の配偶者等」 after marrying a Japanese national, the procedure used is the 在留資格変更許可申請. It is carried out while the foreign spouse is in Japan.

1. Preparing the documents / The foreign spouse and the Japanese spouse work together to gather the documents each of them needs.
2. The person applies themselves / The foreign spouse applies to the 地方出入国在留管理局 that covers their place of residence.
3. Screening / On the basis of the documents submitted, matters such as the credibility of the marriage and the stability of the couple's livelihood are examined.
4. Permission for the change / Once the application passes screening, the change to 「日本人の配偶者等」 is permitted, and a new 在留カード (Residence Card) is issued.

Advantages

• Because the foreign spouse is in Japan, they can carry out the application directly at the 地方出入国在留管理局
• There is no need to send documents back and forth overseas, so the procedure may go comparatively smoothly
• Screening tends to be shorter than for the 在留資格認定証明書交付申請

Disadvantages

• At the time of the application, the foreign spouse needs to hold a valid status of residence. With a status of residence such as 短期滞在, the change may not be permitted
• If the application is denied, you may have to leave Japan

Which one should I choose?

If the foreign spouse is outside Japan, the 認定証明書交付申請; if they are in Japan with a valid status of residence, the 変更許可申請.

As a rule, where the foreign spouse is outside Japan you make an 「在留資格認定証明書交付申請」, and where they are already in Japan with a valid status of residence you make an 「在留資格変更許可申請」.

An application from outside Japan is a 2-stage procedure: first the 在留資格認定証明書 is issued, and then you apply for a 査証 in your country. A change-of-status application from inside Japan, by contrast, is carried out directly at the 地方出入国在留管理局 by the foreign spouse, who is in Japan.

The key to obtaining the status smoothly is to understand your own situation correctly, choose the right way to apply, and then prepare the necessary documents carefully.

Frequently Asked Questions

Related Articles

• Does living apart from my spouse count against me when I renew my spouse visa?
• Can I renew my spouse visa if I spend half the year overseas?
• If a spouse visa application was denied because the marriage certificate from my home country is missing, how should I respond when reapplying?
• Can we get a spouse visa while the Japanese spouse is posted overseas?

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. Because it is a translation, the meaning may differ from the original in places. Where something affects a decision you are making, please check the Japanese version or ask us. The supervision by a 行政書士 is of the Japanese version.