How does a spouse visa differ between applying from overseas and changing status in Japan?
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
If the foreign spouse is outside Japan, it is the 「在留資格認定証明書交付申請」 (Application for Certificate of Eligibility). If they are already in Japan with a valid status of residence, it is the 「在留資格変更許可申請」 (Application for Change of Status of Residence). The first is a 2-stage procedure: the certificate is issued in Japan, and then you apply for a 査証 (visa) at the embassy or consulate in your country.
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.
Subject: 在留資格「日本人の配偶者等」 (Spouse or Child of Japanese National), the spouse visa
Situation: The enquirer has married a Japanese national, and wants to obtain the status of residence 「日本人の配偶者等」 so that they can live together in Japan
Question: I hear that there is an application made from outside Japan, and a change-of-status application made inside Japan. What is the difference between them, and which should I choose?
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.
Preparing the documents / The foreign spouse prepares the documents needed from their home country.
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.
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.
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」.
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.
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.
Preparing the documents / The foreign spouse and the Japanese spouse work together to gather the documents each of them needs.
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.
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.
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
Which procedure applies if the foreign spouse is overseas?
The 在留資格認定証明書交付申請. After the certificate is issued in Japan, the foreign spouse applies for a 査証 at the Japanese embassy or consulate in their country, and then enters Japan.
Does the foreign spouse make the Certificate of Eligibility application themselves?
No. The foreign spouse cannot carry out the application in Japan themselves. The Japanese spouse, or a relative in Japan, applies at the 地方出入国在留管理局 that covers their place of residence.
Which procedure applies if I am already in Japan?
The 在留資格変更許可申請. The foreign spouse applies in person to the 地方出入国在留管理局 that covers their place of residence. However, they need to hold a valid status of residence at the time of the application.
Is changing status inside Japan quicker?
Screening tends to be shorter for the 在留資格変更許可申請 than for the 在留資格認定証明書交付申請. However, with a status of residence such as 短期滞在 the change may not be permitted, and if the application is denied you may have to leave Japan.
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.
