Can I bring my child from a previous marriage when I apply 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
A child from a previous marriage can also apply for a status of residence so that the family can live in Japan together. The status usually considered in this situation is 在留資格「定住者」. A child needs a status of residence of their own, separate from the parent's, so it is common to file the 在留資格認定証明書交付申請 for both at the same time.
What is this enquiry about?
A woman who has remarried a Japanese man asks whether she can bring her child from a previous marriage to Japan with her.
Subject: applying for 「日本人の配偶者等」 where there is a child from a previous marriage
Application type: new application (在留資格認定証明書交付申請)
Situation: The enquirer is a Mexican national, female, 33 years old. She works as an interpreter at a Japanese-affiliated company in Mexico. She married a Japanese man (38 years old) who is posted in Mexico. Her husband is due to return to Japan around next year, and she wants to move to Japan with him. She has an 8-year-old son from her former Mexican husband, and wants to bring him to Japan at the same time as the remarriage.
Question: When applying for 「日本人の配偶者等」, can her child from a previous marriage also obtain a status of residence so that they can live in Japan together? And how long does screening take?
What status of residence would the child have?
在留資格「定住者」 is what is usually considered.
When the enquirer marries a Japanese man and applies for 「日本人の配偶者等」, her 8-year-old son, her child from a previous marriage, can also apply for a status of residence so that they can live in Japan together. The status usually considered in this case is 「定住者」 (Long-Term Resident).
A child needs a status of residence of their own, separate from the parent's. It is not automatically included in the parent's status.
What is looked at in the screening for 「定住者」?
The overall picture is looked at: how likely the parent's status is to be granted, and how far the child needs to live in Japan.
That the parent can obtain 「日本人の配偶者等」／First of all, it is assumed that the enquirer herself meets the requirements as the spouse of a Japanese national, and that her status is likely to be granted.
That there are good reasons／It matters that the child is recognised as needing to live in Japan.
Main points that are considered
Parental authority／As a rule, the enquirer is expected to hold parental authority in law
The child's age and development／At 8 years old, a child is thought to adapt to the school environment in Japan more easily, so this may work in their favour
Care and upbringing in Japan／That the enquirer and her husband have an environment in Japan in which they can properly care for and raise the child
Financial stability／That the family, including the child, has the means to live a stable life in Japan
The child's own wishes／Where the child has reached a certain age, their own wish to live in Japan may also be taken into account
What is the procedure, what documents are needed, and how long does screening take?
As a rule, mother and child can apply at the same time, and screening is said to take roughly 1.5 to 3 months.
As a rule, the enquirer and her son can apply at the same time. A proxy in Japan (the Japanese spouse, or a relative living in Japan) files the 在留資格認定証明書交付申請 for both of them at the 地方出入国在留管理局 (Regional Immigration Services Bureau) with jurisdiction over the place where they plan to live.
For the enquirer
在留資格認定証明書交付申請書 (Application for Certificate of Eligibility)／a copy of the passport／a photograph
Marriage certificate with the Japanese spouse (documents from both Mexico and Japan may be needed)
Certified copy of the family register and certificate of residence of the Japanese spouse
Documents on the occupation and income of the Japanese spouse (certificate of employment, withholding tax statement, tax payment certificate, and so on)
身元保証書 (Letter of Guarantee) from the Japanese spouse
Documents explaining how the couple met and came to marry (snapshots and the like)
For the son
在留資格認定証明書交付申請書／a copy of the passport／a photograph
Birth certificate (proving the parent-child relationship with the enquirer)
Divorce certificate from the former husband (proving that the enquirer holds parental authority)
Court decision on parental authority (if there is one)
Documents showing the parent-child relationship (photographs of them together and the like)
A plan for the child's care and upbringing in Japan
How long screening takes varies a great deal with the contents of the application and how busy the 地方出入国在留管理局 is, but it is said that it often takes roughly 1.5 to 3 months. Complicated cases, or documents with something missing, may take longer still, so please allow yourself time when preparing. Note also that the 地方出入国在留管理局 may ask for documents other than those listed here.
Frequently Asked Questions
Can I apply for my child's status of residence at the same time as the spouse visa?
As a rule, yes, both can be filed at the same time. A proxy in Japan (the Japanese spouse, or a relative living in Japan) files the 在留資格認定証明書交付申請 for both of them at the 地方出入国在留管理局.
What status of residence will my child from a previous marriage have?
「定住者」 is what is usually considered. A child needs a status of residence of their own, separate from the parent's; it is not automatically included in the parent's status.
What is looked at in the screening for 「定住者」?
Starting from the assumption that the parent is likely to obtain 「日本人の配偶者等」, what is taken into account includes who holds parental authority, the child's age and development, the arrangements for care and upbringing in Japan, financial stability, and the child's own wishes.
How long does screening for the 在留資格認定証明書交付申請 take?
It varies a great deal with the contents of the application and how busy the 地方出入国在留管理局 is, but it is said that it often takes roughly 1.5 to 3 months. Complicated cases, or documents with something missing, may take longer still.
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.
