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Can I apply for a 「家族滞在」 visa right after finishing 技能実習?

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

Applying for a 「家族滞在」 visa supported by your spouse after completing 技能実習2号 is not, in itself, prohibited by law. However, the purpose of 技能実習 is the transfer of skills (技能移転) to the home country, so going straight from completion into being supported instead of working may raise questions about how this fits the purpose of the system. It is important to be ready to explain your reasons sensibly in a 理由書 (written explanation).

What is this enquiry about?

A husband who has finished his technical intern training asks whether he can come back to Japan supported by his wife, who works on a highly skilled professional status.

Is it a problem to apply right after the training ends?

The application itself is not prohibited by law, but you may be asked how it fits the purpose of the system.

Applying for a 「家族滞在」 visa as the spouse of a 「高度専門職」 holder immediately after completing 技能実習2号 is not prohibited by law.

However, the 技能実習 system exists to transfer Japanese technology, skills and knowledge to developing countries and similar regions. So applying for a 「家族滞在」 visa right after completion, and being supported by your spouse instead of working, may raise questions about how it fits the original purpose of 技能実習.

The 地方出入国在留管理局 (Regional Immigration Services Bureau) examines each application as a whole: the purpose of the stay, whether it is necessary, and whether it is genuine. You may be asked to give a reasonable explanation of the purpose of the training, and of why you are applying for a 「家族滞在」 visa right after it ends.

Can someone who has been working be supported by their spouse?

If the spouse will be the main earner at the time of the application, the support requirement is considered to be met.

「家族滞在」 is, as a rule, for a spouse or child who is supported by a foreign national living in Japan. "Supported by" here means depending on that person for most of your living costs.

Even though the husband was working as a technical intern until just before, if the wife will be the main earner at the time the 「家族滞在」 visa is applied for, the support requirement is considered to be met.

What is looked at in screening?

Whether the marriage is genuine, the ability to support, what is planned after arrival in Japan, and the reason for living apart.

Whether the marriage is genuine and stable

The couple married in 2019 and have a child, so the credibility of the marriage is not likely to be a problem.

Ability to support

The wife's income must be recognised as enough to support the couple and their child stably in Japan. Please prepare enough documents showing the amount and the stability of her income (withholding tax slip, tax payment certificate, employment contract and so on).

What is planned after arrival in Japan

「家族滞在」 does not, as a rule, allow work. You need to explain clearly how the husband plans to live in Japan (housework, childcare and so on). If he wants to work, he needs to obtain a status of residence that allows work. Alternatively, with 資格外活動許可 (Permission to Engage in Activity Other Than That Permitted), he can work part-time within limits such as up to 28 hours per week.

The reason for living apart

You may be asked to give a reasonable explanation of why the couple currently live in separate dormitories.

What should I prepare?

Gather every document, and write a 理由書 that explains the reasons for the application concretely.

  1. Prepare enough documents
    Prepare, without gaps, documents proving the wife's status of residence, her income, the couple's relationship, and information about the child. If there is a risk that the income will be seen as insufficient, showing assets such as savings is also useful.
  2. Write a detailed 理由書
    Write a 理由書 that explains concretely why the husband is applying for a 「家族滞在」 visa after the training, how the family plans to live in Japan, and their outlook for the future. It is also important to explain carefully that he intends to make use of the experience gained in 技能実習 in his home country in the future.
  3. Ask the 地方出入国在留管理局 in advance
    If you can, contact the 地方出入国在留管理局 with jurisdiction, explain your situation, and check which documents are needed and what to watch out for.
  4. Consult a specialist
    It is also useful to consult a specialist such as a certified administrative procedures legal specialist (gyoseishoshi) approved to submit applications, and to get support with the application.

Frequently Asked Questions

Is it prohibited to apply for a 「家族滞在」 visa as soon as the technical intern training ends?

It is not prohibited. However, 技能実習 is a system aimed at transferring skills to the home country, so going straight from completion into being supported instead of working may raise questions about how it fits that purpose.

Can someone who was working until just before be granted a 「家族滞在」 visa as a person supported by their spouse?

It is considered possible. If the spouse will be the main earner at the time of the application, the support requirement for 「家族滞在」 is considered to be met.

Can I work part-time after coming to Japan on 「家族滞在」?

With 資格外活動許可 you can work part-time within limits such as up to 28 hours per week. You cannot work without that permission.

Does living apart count against us in screening?

You may be asked to give a reasonable explanation of why you live apart. Please be ready to explain your circumstances concretely.

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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.