Marrying a 3rd-generation descendant of Japanese emigrants: can I apply as the spouse of a 定住者?

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）

What is this enquiry about?

The enquirer is a postgraduate student on a student visa who is thinking of obtaining a 定住者 visa on marrying a Brazilian who is a 3rd-generation descendant of Japanese emigrants.

What is the 「定住者」 status of residence?

A status of residence in which the Minister of Justice takes special reasons into account and allows you to live in Japan.

「定住者」 is a status of residence in which the Minister of Justice takes special reasons into account and allows you to live in Japan. It is often granted to foreign nationals who do not fall under any of the other statuses of residence: people of Japanese descent (2nd- and 3rd-generation), their spouses and children, refugees under the Refugee Convention, and people in other special circumstances. A Brazilian who is a 3rd-generation descendant of Japanese emigrants is likely either to hold this status of residence or to be in a position to obtain it.

What matters when applying as "the spouse of a 定住者"?

The genuineness of the marriage, the stability of your future spouse, and your own circumstances in Japan.

• The genuineness of the marriage: the screening asks whether the marriage rests on a real intention to live together as a couple, and is not aimed at living in Japan. You need to explain in detail how you met, how long you were together, how the marriage came about, whether you live together, and how you plan to live from here.
• The stability of your spouse as a 定住者: stable income (their work), meeting tax obligations, being enrolled in social insurance and their circumstances in Japan are all examined. Whether they can support you financially is looked at too.
• Your own circumstances in Japan: whether you intend to continue your studies after the marriage, and what you plan to do after graduating, may also be taken into account. Your Japanese ability and how well you have settled into life in Japan can count in your favour.

When should I apply, and what documents are needed?

After the marriage has taken effect, you file a 在留資格変更許可申請.

You now hold a 在留資格「留学」 (Student) visa, so after the marriage you will file a 在留資格変更許可申請 (Application for Change of Status of Residence) to 「定住者」. To apply as the spouse of a 定住者, the marriage must first be legally valid. Check in advance whether you will marry under Japanese procedure or under the procedure of your home country, and prepare the documents you need.

A wide range of documents is needed: documents proving the fact of the marriage (certificate of acceptance of the marriage notification, marriage certificate and so on), documents proving your spouse's stability as a 定住者 (residence record, tax assessment certificate, tax payment certificate, certificate of employment and so on), and material showing your relationship together. As a rule the 定住者 status of residence places no limit on work, but if you want to combine work with your studies, it is best to set out that plan clearly too.

Frequently Asked Questions

Related Articles

• With savings, can a third-generation descendant of Japanese emigrants come to Japan as a 「定住者」?
• The 定住者 visa for 2nd- and 3rd-generation descendants of Japanese emigrants: what are the requirements and documents?
• Changing from a spouse visa to 定住者: what Japanese ability is expected?
• What visa will the child of a 3rd-generation couple (a 4th-generation descendant) get?

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.