Can I bring my same-sex partner from France to Japan on 家族滞在?

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）

What is this enquiry about?

An enquiry from someone living in Japan on a work visa, about whether he can bring over a same-sex partner who is legally recognised in his home country.

Does a same-sex partner count as a 「配偶者」 for 家族滞在?

Under current law, no. 「配偶者」 is read as meaning a husband and wife of the opposite sex in a legal marriage.

To put the conclusion first: under 出入国管理及び難民認定法 as it stands, a same-sex partnership legally recognised in France is not accepted as a 「配偶者」 for the purposes of a 家族滞在 visa.

「配偶者」 under that Act is read as meaning a husband and wife of the opposite sex in a legal marriage. A same-sex partner therefore does not qualify for a 家族滞在 visa.

If you apply anyway, what documents might be put forward?

Current law does not cover this, so the chance of permission is low. If you do apply, you need material that shows the relationship concretely.

Because current law does not cover this for a 家族滞在 visa, we have to say that the chance of permission is low, even if you prepare the documents the visa application calls for.

If you still want to try, one approach is to submit the following documents in addition to the usual documents for a 家族滞在 visa application, to show your relationship concretely.

• Official documents proving the French partnership, with a Japanese translation (showing the date it took effect, the names of the parties, and so on)
• Documents proving your relationship (photographs showing that you live together, joint bank accounts and utility bills, letters and emails in which you refer to each other as partners, and so on)
• Documents proving your ability to support your partner (certificate of employment, proof of income such as a 源泉徴収票 (withholding tax slip) or a tax payment certificate, and a bank balance certificate)
• 招へい理由書 (Letter of Reason for Invitation; a document setting out in detail why you want to bring your partner to Japan and live together, and how things came about)

What options are there other than 家族滞在?

The realistic option is for your partner to obtain a work status of residence or 留学.

1. Your partner obtains a status of residence that allows work
   If he has the intention and the ability to work in Japan and receives a job offer from a company here, he may be able to obtain a status of residence such as 「技術・人文知識・国際業務」. In that case, his education and work history are what is screened.
2. He obtains 留学
   If he intends to study at a Japanese 教育機関 (educational institution), 留学 can be considered. In that case, he needs to be accepted by the school.
3. He comes to Japan on 在留資格「短期滞在」 (Temporary Visitor)
   For a short period, he can come to Japan on 短期滞在 for tourism or a similar purpose. However, work is not allowed, and it is not suited to a long stay or to living together. Frequent short stays may also lead to questions about the purpose of the stay.
4. Wait for a future change in the law
   Discussion of same-sex marriage and same-sex partnerships is moving forward in Japan too. If the relevant laws are amended in future, it may become possible for this to fall within the scope of a 家族滞在 visa.

We recommend first speaking directly to the 地方出入国在留管理局 (Regional Immigration Services Bureau) that covers your area, explaining your situation and checking what may be possible. It is also useful to consult a specialist such as a gyoseishoshi authorised to submit applications, and have them look closely at the routes open to you.

There is room to consider staying on 在留資格「特定活動」 (Designated Activities)

Where you have a legally valid same-sex partnership in your home country, it is worth considering a stay based on your individual circumstances, including the possibility of staying as a same-sex partner.

However, having a partnership does not mean it is accepted automatically. The decision is made case by case, looking at the reality of your relationship, its legal position in your home country, and the outlook for your life in Japan. Please consult us in advance.

Frequently Asked Questions

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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.