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What do I have to prove for a spouse visa after an international remarriage?

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

On an international remarriage, the key is to prove that the previous marriage has been settled and that the present marriage is genuine. What the 出入国在留管理庁 (Immigration Services Agency of Japan) is concerned about is whether the earlier marriage has been fully settled, and whether the present marriage is a sham marriage. If there have been several divorces, or if only a short time passed between the divorce and the remarriage, a detailed explanation is essential.

What is this enquiry about?

An enquiry from someone applying for a spouse visa on an international remarriage, asking what to prove in order to avoid the risk of denial.

How do I prove the previous marriage has been settled?

Show 3 things with official documents: that the divorce took effect, parental authority and child support, and the financial settlement.

On an international remarriage, the most important thing is to prove that the earlier marriage has come to a complete end, both legally and in fact.

The date the divorce took effect and its entry in the family register

The application must state exactly when and how the previous marriage was dissolved. Please check that the divorce certificate on the foreign national's side, and the 戸籍謄本 (certified copy of the family register) of the Japanese spouse, clearly state the fact of the divorce and its date. Missing documents or inconsistent dates are a serious cause for concern.

Parental authority and child support arrangements

If there are children from the previous marriage, clear arrangements about who holds parental authority and about payment of child support are very important in showing the applicant's good conduct. Submitting material that proves child support and the like are actually being paid gives the examiner a better impression.

The financial settlement with the former spouse

Whether the financial settlement that goes with a divorce, such as division of property and compensation, has been completed is another sign that nothing is left hanging over from the earlier marriage. Where the settlement is complete, it is desirable to submit proof such as a notarial deed.

How do I show the present marriage is genuine?

Explain in detail and logically how the remarriage came about, and back it up with material showing that those around you know about it.

Remarriage soon after a divorce, or a short relationship

If you remarried right after a divorce became final, or if the relationship before marriage was extremely short, doubts arise more easily: was the present relationship already under way before the earlier marriage was dissolved, and is this a marriage for the sake of a visa?

In such cases you need to explain in writing, honestly and logically, why you remarried in a hurry, and what the reasonable grounds were for moving quickly. A convincing account of how things came about (a 理由書, or written explanation) is essential.

How far both families and friends know about it

Even on a remarriage, you need to show that the people around you know about and accept the new couple's relationship. Introductions to both families, a wedding or reception, snapshots of gatherings with friends, messages of congratulation from family and so on can be submitted as supporting material, to show that the couple's relationship is open and socially credible.

How is a remarried household's ability to make a living viewed?

As the number of dependants rises, the whole household's ability to make a living is looked at more carefully.

Remarried households often have a more complex make-up, for example where children from a previous marriage are being supported, so more careful proof of the ability to make a living is required.

In a spouse visa application on an international remarriage, the key is not just gathering documents but building up your proof so that it answers the examiner's concerns in advance. The more complicated your circumstances, the more preparation is needed to convey the reality of the couple's relationship logically and convincingly.

Frequently Asked Questions

Is the screening for a spouse visa on an international remarriage stricter than for a first marriage?

It does tend to be looked at more strictly. The concerns are whether the earlier marriage has been fully settled, and whether the present marriage is a sham marriage. In particular, where there have been several divorces, or where the time between the divorce and the remarriage was extremely short, a detailed explanation is essential.

How do I prove the previous marriage has been settled?

Show the fact of the divorce and its date with the divorce certificate on the foreign national's side and the 戸籍謄本 of the Japanese spouse, and if there are children, make the arrangements on parental authority and child support clear. Where the settlement of division of property or compensation is complete, it is desirable to submit proof such as a notarial deed.

How should I explain a remarriage right after a divorce?

Explain in writing, honestly and logically, why you remarried in a hurry and what the reasonable grounds were for moving quickly. A convincing account of how things came about (a 理由書) is essential.

If I support a child from a previous marriage, does that change how my income is viewed?

The household's living costs go up, so the guide figure for the income expected of the Japanese spouse (or the head of the household) is thought to rise as well. Work out whether the household can live stably on your present income, and if necessary prepare supplementary material such as savings records.

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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.