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My husband went bankrupt before we married. Should I tell the Legal Affairs Bureau?

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

An event from before the marriage is the kind of thing that is better explained to the Legal Affairs Bureau in advance. The bankruptcy came before the marriage, and the household has been sound since, so it can in fact be presented as a positive point. Even so, the decision looks at the whole picture, so a negative assessment cannot be ruled out.

What is this enquiry about?

An enquiry from a person wondering whether to tell the Legal Affairs Bureau that her husband went bankrupt before they married.

Does a bankruptcy from before the marriage affect the screening?

It was not your own doing, and a sound household budget since the marriage can be a positive point.

A naturalisation application asks whether the applicant has the conduct and the ability to make a living that suit a Japanese national. The husband's bankruptcy happened 2 years before the marriage, and did not arise during their life together, so it does not lower the assessment of the applicant herself. The fact that, in the years since the marriage, the husband has worked and the couple have built up assets is evidence that the effects of the bankruptcy are entirely in the past, and that the household now supports itself.

On the other hand, 自己破産 also means that creditors were not repaid. It is said that, on that point, the chance of a negative assessment within the overall judgment in the naturalisation screening is not zero.

How should I explain it to the Legal Affairs Bureau?

If you are asked about financial problems at the interview, you are advised to answer honestly.

At the interview at the Legal Affairs Bureau, there are moments when you are asked about your household finances in detail. If you are asked something such as "Have you had financial problems in the past?", the answer regarded as best is to state the facts honestly, together with how you are building up your assets now. It is not clear whether the Legal Affairs Bureau checks private credit information directly, but the biggest risk is said to be hiding something and then being caught in a contradiction later.

What material should I prepare?

Proof of your current assets, tax payment certificates, and a copy of the past order granting the discharge.

Frequently Asked Questions

Is a spouse's bankruptcy from before the marriage part of the naturalisation screening?

It was not your own doing, so it is unlikely to lower the assessment directly. It may, however, be taken into account within the overall judgment.

Should I raise it with the Legal Affairs Bureau myself?

It is said to be the kind of thing that is better explained in advance. The biggest risk is hiding something and then being caught in a contradiction later.

How can I show my record of building up assets?

Prepare balance certificates for NISA, iDeCo and your private pension policy, together with tax payment certificates, and show that your household finances are stable now.

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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.