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What happens to 家族滞在 when a child turns 18 years old?

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

家族滞在 is a status of residence that assumes the holder is being supported. Once your child reaches adulthood, or starts work and becomes financially independent, they may no longer be able to keep 家族滞在 as it is. Once a job or a place of study is decided, please consider a change to a status of residence that permits work, or to 「留学」 (Student), at an early stage.

What is this enquiry about?

We explain when to change a child's status of residence as they grow up while living in Japan on 家族滞在.

Who counts as a child for 家族滞在?

A biological or adopted child supported by the person supporting the family. Being supported is the premise.

家族滞在 is given mainly to the spouse or child of a person holding one of the following statuses of residence, who is supported by that person.

A child here means a biological or adopted child who is supported by the person supporting the family. The point that being supported is the premise is what matters most when you think about the status of residence as your child grows up.

Can 家族滞在 continue once a child is 18 years old?

Under the Japanese Civil Code a person becomes an adult at 18 years old, so you need to think about the next status of residence before that point.

Under the Japanese Civil Code, a person becomes an adult at 18 years old. 家族滞在 is a status of residence that assumes the holder is being supported, so the time when your child reaches adulthood is the time to consider what status of residence should come next.

Whatever their age, if your child starts work and earns a stable income, so that they have become financially independent, or are judged to be able to become so, it can no longer be said that they are being supported, and they may no longer meet the requirements for 家族滞在.

Note that 家族滞在 does not, as a rule, permit work (apart from part-time work within the scope of a 資格外活動許可 (Permission to Engage in Activity Other Than That Permitted)). If your child starts work, the status of residence must be changed before they join the company.

When should the status of residence be changed?

Before your child turns 18 years old, or once a job offer is confirmed, with the change made before they join the company.

  1. Before turning 18 years old
    Think about the next status of residence before your child reaches adulthood. If a job offer is already confirmed, consider a change to a status of residence that permits work, such as 「技術・人文知識・国際業務」. It is desirable to do this before your child turns 18 years old.
  2. If a job offer is confirmed
    If your child receives a confirmed job offer from a company in Japan, the status of residence must be changed to one that permits work, such as 「技術・人文知識・国際業務」 or 「特定技能」, before they join the company.
  3. If your child becomes financially independent
    Even under 18 years old, if your child becomes financially independent through work and is judged no longer to need a parent's support, they may no longer meet the requirements for 家族滞在. Here too, you need to consider a change to a status of residence that matches what they actually do.

What documents does the change need?

The application form and documents on family relationships and the person supporting the family, plus documents showing the new activity.

A change from 家族滞在 to another status of residence is made, as a rule, at the 地方出入国在留管理局 (Regional Immigration Services Bureau). The documents you need differ depending on the status of residence you change to and on your own circumstances, but the following are usual.

Gather and prepare the documents and submit them to the 地方出入国在留管理局. Screening then takes place, and you are notified of the result, either permission or denial. Screening takes a certain amount of time, so it is important to apply with time to spare.

If a change of status of residence is needed and the procedure is neglected, this may lead to 不法滞在 (illegal residence) or 不法就労 (illegal work). If anything is unclear, please consult the 地方出入国在留管理局 or a specialist such as a gyoseishoshi at an early stage.

What are some concrete examples?

The typical ones are a confirmed job offer, and parents returning to their home country while the child stays in Japan.

Case 1: 21 years old, graduated from a Japanese university, with a confirmed job offer from a Japanese company

Case 2: 17 years old, in high school, parents returning to their home country, but the child wants to stay in Japan and continue studying

Frequently Asked Questions

If a child living in Japan on 家族滞在 starts work, does the status of residence have to be changed?

Yes. 家族滞在 does not, as a rule, permit work (apart from part-time work within the scope of a 資格外活動許可). Before joining the company, the status of residence must be changed to one that permits work, such as 「技術・人文知識・国際業務」 or 「特定技能」.

When is the best time to apply for the change of status of residence?

If a job offer is confirmed, it is said to be desirable to do this before the child turns 18 years old. Screening takes a certain amount of time, so please apply with time to spare.

What if the parents return to their home country and only the child wants to stay at a Japanese high school?

As the child can no longer be supported by the parents, a change to 「留学」 needs to be considered. This requires proof of the ability to pay tuition and living costs.

What happens if the change procedure is neglected?

If a change of status of residence is needed and the procedure is neglected, this may lead to 不法滞在 or 不法就労. If anything is unclear, please consult the 地方出入国在留管理局 or a specialist at an early stage.

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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.