Can I bring my child from a previous marriage when I apply for a spouse visa?

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 woman who has remarried a Japanese man asks whether she can bring her child from a previous marriage to Japan with her.

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.

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.

1. 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.
2. 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

Related Articles

• If a spouse visa application was denied because the marriage certificate from my home country is missing, how should I respond when reapplying?
• Does living apart from my spouse count against me when I renew my spouse visa?
• My spouse visa was denied. What should I show when I apply again?
• Denied twice because of a criminal record. Can we apply for a spouse visa again?

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.