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What must you never do on 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

On 「日本人の配偶者等」, the things to avoid are sham marriage, overstaying, criminal acts, acts against public order and morals, neglecting the duty to live together and support each other without a justifiable reason, and false applications. If you break these rules, you may be subject to revocation of your status of residence or to deportation, and it may also affect future visa applications.

What is this enquiry about?

A summary of what people staying in Japan on a spouse visa should be careful about in daily life.

「日本人の配偶者等」 is an important foundation for a settled life in Japan, but because it allows so much freedom, misunderstandings arise easily.

How much can you do on a spouse visa?

As a rule, almost all activities are allowed, including work.

A person staying in Japan on 「日本人の配偶者等」 may, as a rule, carry out almost all activities, including work. Unlike the other work-based statuses of residence, there is no restriction on the type of job or on working hours. That is the big difference.

So, while you hold a valid 「日本人の配偶者等」 status, working is not in itself illegal work. Illegal work becomes an issue where you work without holding a valid status of residence, for example after your period of stay has expired or after your status has been revoked.

That said, it is true that this freedom makes it easy to misunderstand and think that anything is allowed. The next section sets out the acts to avoid.

What acts must you avoid at all costs?

6 of them: sham marriage, overstaying, criminal acts, acts against public order and morals, neglecting the duty to live together and support each other, and false applications.

  1. Sham marriage
    Filing a marriage registration as a formality when there is in fact no marital relationship, in order to acquire Japanese nationality or to stay in Japan, is a crime. It may lead to revocation of the status of residence, deportation, and arrest and punishment. The Japanese national involved may also face punishment.
  2. Overstaying (staying illegally)
    Staying in Japan beyond the period of stay you were granted is a serious breach of 入管法. It may lead to deportation, and after that you are barred from entering Japan for a set period. Even if you leave the country voluntarily, that only shortens the period of the entry ban; the fact of having stayed illegally remains.
  3. Criminal acts
    If you commit an act that breaches the criminal law in Japan, it becomes difficult to keep your status of residence. Depending on the type and the contents of the offence, you may not only be arrested and punished but also be subject to revocation of your status of residence or to deportation.
  4. Acts against public order and morals
    Acts that harm public order or good morals in Japan may also become a reason for revoking a status of residence. Whether an act falls into this category is judged case by case, but acts that are not accepted by society should be avoided.
  5. Neglecting the duty to live together and support each other
    If you refuse to live together without a justifiable reason, or neglect the duty to live your life together in cooperation, it may be judged that there is no substance to the marriage. An extension of your period of stay may then be denied, or you may be subject to revocation. Even where you live apart, you need to be able to explain a justifiable reason for it.
  6. False applications
    Giving false information, or submitting forged documents, when you apply or renew is a serious breach. It may lead not only to revocation of your status of residence or to deportation, but also to charges such as fraud.

What happens if you break the rules?

Revocation of your status of residence or deportation, and an effect on future visa applications as well.

If you are worried about whether something you are doing breaks the rules, or if you have any question about your status of residence, please talk to a specialist early.

Frequently Asked Questions

Are there restrictions on the type of job or on working hours with a spouse visa?

As a rule, no. 「日本人の配偶者等」 is a status of residence based on personal status. Almost all activities are allowed, including work, and there are no restrictions on the type of job or on working hours as there are with the other work-based statuses of residence. Illegal work becomes an issue where you work without holding a valid status of residence, for example after your period of stay has expired or after your status has been revoked.

Will my status of residence be revoked if we live apart?

If you refuse to live together without a justifiable reason, or neglect the duty to support each other, it may be judged that there is no substance to the marriage. An extension may then be denied, or you may be subject to revocation. If you do live apart, you need to be able to explain a justifiable reason for it.

What happens if I write something untrue on my application documents?

Giving false information or submitting forged documents is a serious breach. It may lead not only to revocation of your status of residence or to deportation, but also to charges such as fraud.

If I am deported, can I never enter Japan again?

You are barred from re-entering Japan for a set period, depending on what the breach was. If you leave the country voluntarily, the period of the entry ban is shortened, but facts such as having stayed illegally remain on record.

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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.