Do a low income and living apart for a job posting affect a spouse visa renewal?
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
Even if you have the asset of your own home, what screening gives weight to is a stable income that continues.And a long period of living apart is the single biggest factor that leads to doubts about the substance of the marriage. Even where it is a job posting, you need to have the letter of assignment, records of contact while apart, and a plan for living together in future, and to explain these before you are asked.
What is this enquiry about?
A case where a couple who thought they had points in their favour were denied at renewal.
Subject: 在留資格「日本人の配偶者等」
Application type: 在留期間更新許可申請 (Application for Extension of Period of Stay)
Situation: the household is the couple only. The Japanese spouse is a company employee with an annual income of about 2.5 million yen (約250万円). In the Japanese spouse's name there is a home they own, with the mortgage paid off. Because of the Japanese spouse's job posting away from home, the couple have been living apart for 1 year and 6 months. The foreign spouse works part-time in Japan while waiting for the other to come back.
Background to the enquiry: they thought "the income is on the low side, but there is no mortgage and we own our home, so we are financially stable" and "living apart is an unavoidable work matter, so it should not be a problem". They declared honestly that they were living apart and applied for the renewal.
Result: the 地方出入国在留管理局 (Regional Immigration Services Bureau) asked for additional documents, screening then went on for a long time, and in the end the application was denied.
In screening for 「日本人の配偶者等」, 2 things are always asked about: whether the marriage is genuine, and financial stability. Circumstances you thought were reassuring can instead make screening more complicated.
Is a low income all right if we own our home?
Owning a home counts in your favour as an asset, but what screening gives weight to is a stable income that continues.
The level of annual income Even with no mortgage, an annual income of 2.5 million yen (250万円) is said, as a practical rule of thumb, to leave little room for a couple to live stably in a large city area.
Owning a home is not enough in itself A home you own is an asset, but what is given weight is your current stable income. Even with a home of your own, there are continuing costs such as property tax, repairs and utilities, so on a low income there is judged to remain a risk that daily life becomes hard.
Depending on the foreign spouse's income Where it is clear that the household could not get by on the Japanese spouse's income alone, without the foreign spouse's part-time earnings, this is a point of concern as to whether the Japanese spouse can stand on their own and support the family.
Where you own your home, it is a good idea to attach records of payments of property tax and utilities, and to add the explanation that "it is precisely because we have this asset that we can live on this income".
Why does a long period apart for a job posting count against us?
Because it is the single biggest factor leading to doubts that the substance of the marriage has been lost.
The length of the separation 1 year and 6 months apart is long for an ordinary job posting away from home, and it becomes easier to suspect that the couple's relationship has cooled.
Not enough evidence of financial cooperation Although they were living apart, it was judged that there was not enough evidence that the couple shared their lives and cooperated financially (records of money sent between them, records of managing the household budget together, and so on).
Low income combined with living apart The question arises: "if the income is low, should they not be living together to help each other and save on living costs?" A situation of continuing to live apart on a low income carries a risk of being read as a marriage with little real substance.
If we live apart, what should we prepare?
Gather evidence of why living apart is necessary and of the substance of your life as a couple, and explain it.
The letter of assignment for the posting, and company documents stating the period
Records of contact during the separation (photographs of you together when you meet, call and message records on social media, and so on)
A plan for living together in future (when and where you will start living together again)
An explanation of why living apart is necessary even though the income is low, and why that is reasonable
Records of money sent between the couple, or records showing that you manage the household budget together
What can we learn from this case?
You need an approach that does not rely on the points in your favour, but explains the points against you before you are asked.
Screening for 「日本人の配偶者等」 does not grant permission by looking only at the points in the applicant's favour (a home of their own, a high level of education, and so on). At the same time, it is checked whether the points against you (a low income, a long period apart, late payment of taxes, and so on) are threatening the continuity of a stable life.
On finances, "income" and "continuity" matter more than "assets" Even if you own your home, you need to show that your current stable income is enough to live on.
Living apart is the biggest point of concern Even where living apart is unavoidable, you cannot do without explaining, before you are asked, why it is necessary, how long it will last, and what evidence there is of cooperation between the couple.
Where there are points of concern, rather than judging for yourself, telling them honestly and putting together documents that back you up is the surest road to permission.
Frequently Asked Questions
If we own our home with the mortgage paid off, will it be granted even though the income is low?
A home you own counts in your favour as an asset, but what screening gives weight to is your current stable income. There are continuing costs such as property tax and repairs, so owning a home does not necessarily make up for a low income.
Is living apart because of a job posting a problem?
Even where it is unavoidable, a long period of living apart is a factor that leads to doubts about the substance of the marriage. You need the letter of assignment, records of contact while apart, and a plan for living together in future, and to explain why it is necessary and what the substance of your life as a couple is.
What evidence should we gather while living apart?
The letter of assignment for the posting and company documents stating the period, photographs of you together when you meet and call and message records on social media, records of money sent between you or records showing that you manage the household budget together, and a plan for living together in future.
Should we hide circumstances that count against us?
You should not hide them. Telling the points against you honestly, and having documents and an explanation ready to back you up before you are asked, is what leads to permission.
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.
