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 forAn enquiry about calling family to Japan, from a person who married his late elder brother's widow.
A child eligible for 「家族滞在」 (Dependent) includes the applicant's biological child, an adopted child, or an acknowledged child born out of wedlock, but as a rule, a child who is not the applicant's own child is not eligible. That said, where the identity and family system of the home country differs from Japan's, there may be room for the application to be accepted by carefully explaining the customs of that country, the fact that the applicant is actually raising the child, and the intention to live together with and care for the child in Japan as well.
An enquiry about calling family to Japan, from a person who married his late elder brother's widow.
As a rule, only the applicant's own biological child, adopted child, or acknowledged child born out of wedlock is covered.
A “child” for 「家族滞在」 includes the applicant's biological child, adopted child, or acknowledged child born out of wedlock, but as a rule, a child who does not fall into the category of the applicant's own child is not covered.
In this case, the elder child is neither the enquirer's own biological child nor a legal adopted child, but a child of the spouse from a previous relationship. Applying Japan's system as it stands, this is a position that, as a rule, is not readily covered by 「家族滞在」.
There may be room for it to be accepted by carefully explaining the customs of that country and the fact of actual care.
This treatment is premised on Japan's own system of adoption and acknowledgement, but it is of course expected that countries differ in their identity and family systems. For that reason, there may be room for the application to be accepted by carefully explaining the customs of that country, the fact that the applicant is actually raising the child, and the intention to live together with and care for the child in Japan as well.
The starting point is to check exactly how, and in what document, the child is recorded.
The starting point is to accurately check which official document records the child, and in what form. The way the explanation is built will differ depending on whether the record is in the wife's document or the applicant's own document, and on the legal meaning of the record (whether it merely records someone as a member of the same household, or whether it proves a parent-child relationship).
As this takes time and does not necessarily bring you closer to permission, we recommend first consulting the Regional Immigration Services Bureau in advance.
Procedures for appointing a guardian or carrying out adoption take a fair amount of time, and going through these procedures does not necessarily lead directly to permission for 「家族滞在」. In practice, the realistic approach is first to check the content of the record in the official documents you already have, then to consult in advance with the Regional Immigration Services Bureau that will handle the application, and proceed while checking what additional explanation or materials would raise the likelihood of the application being accepted.
Check the official documents and prepare materials explaining the fact of actual care, in parallel, and consult the Regional Immigration Services Bureau in advance before applying.
We recommend checking the content of the record in the official documents and preparing materials explaining the substantive fact of actually raising the child, in parallel, and consulting the Regional Immigration Services Bureau in advance before applying.
As a rule, only the applicant's own biological child, adopted child, or acknowledged child born out of wedlock is eligible, but where the home country's system differs from Japan's, there may be room for it to be accepted by explaining the substantive fact of actually raising the child, among other things.
It is important to carefully explain the family system and customs of that country, the fact that the applicant is actually raising the child, and plans to live together and care for the child in Japan.
A record alone cannot be said to be enough. You need to check whose document it is in and the legal meaning of the record.
It takes time and does not necessarily bring you closer to permission. We first recommend consulting the Regional Immigration Services Bureau in advance.
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Get a free consultationThis 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.