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If a husband on a work visa dies, can his wife and child on 家族滞在 change to 定住者 and keep living in Japan?

Foreigners Employment Support Organization (FESO) / Published  / Supervised by 佐藤 拓 行政書士

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 from the applicant themselves about changing from 家族滞在 to 定住者 after the supporter has died.

Answer

If 定住性 (settled status) is recognised, we think there may be a possibility of permission as 告示外定住 (定住者 outside the Notification). However, the spouses covered by so-called 死別定住 (settlement after bereavement) are those of Japanese nationals, 永住者 and the like, so it does not apply in the case of a work-type status of residence. The guideline for years of residence immediately before 定住性 is recognised is said to be 10 years or more, and for the child, completion of Japanese compulsory education may also be required. Since the usual course after the supporter's death is understood to be for the wife and child to return to their home country, it is not easy to prove reasons that outweigh that, and if you apply, it is better to consult the 地方出入国在留管理局 (Regional Immigration Services Bureau) in advance.

What is this enquiry about?

An enquiry from the applicant themselves about changing from 家族滞在 to 定住者 after the supporter has died.

Are there other documents I should submit?

Possibilities include the financial supporter's 在職証明書 and documents showing the record of residence in Japan.

The following could be considered as other optional documents.

Is there a possibility that the change to 定住者 will be approved?

If 定住性 is recognised, we think there may be a possibility of permission as 告示外定住.

If 定住性 is recognised, we think there may be a possibility of permission as 告示外定住. However, the spouses covered by so-called 死別定住 are those of Japanese nationals, 永住者 and the like, so it does not apply in the case of a work-type status of residence. The guideline for years of residence immediately before 定住性 is recognised is said to be 10 years or more. For the child, completion of Japanese compulsory education may also be required.

Note that in cases where the supporter simply returned home first, not through bereavement, there have been cases in which the child became 「留学」 (Student) and the mother became 「特定活動」 (Designated Activities) as the child's guardian.

What should I be especially careful about when applying?

It is not easy to prove reasons that outweigh that, so it is better to consult the 地方出入国在留管理局 in advance.

Since it is understood that once the supporter has died there is no longer a reason for the wife and child to live in Japan, and that returning to their home country is the usual course, it is considered not easy to prove reasons that outweigh that. For that reason, if you apply, it is better to consult the 地方出入国在留管理局 in advance.

Frequently Asked Questions

If the supporter on a work visa dies, can the wife and child on 家族滞在 change to 定住者?

If 定住性 is recognised, we think there may be a possibility of permission as 告示外定住. However, the so-called 死別定住 covers the spouses of Japanese nationals, 永住者 and the like, and does not apply to the spouse of someone with a work-type status of residence.

For a change to 定住者, about how long should one have lived in Japan?

The guideline for years of residence immediately before 定住性 is recognised is said to be 10 years or more. For a child, completion of Japanese compulsory education may also be required.

What should I submit when changing to 定住者 after the supporter's death?

Possibilities include the financial supporter's 在職証明書, a statement explaining how the support came about, the 住民票 of the applicant and her child, a death certificate, and documents showing the record of residence in Japan.

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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. 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.