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Bringing over an adult child: can the 定住者 visa be used?

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

In practice it is said to be impossible, as a rule, for a holder of a 定住者 visa to bring over a child who is already an adult on the ground of living with and supporting the parent. Where the child is an adult, the path to consider is for the child to obtain a status of residence in their own right, such as 「留学」, 「特定技能」 or 「技術・人文知識・国際業務」.

What is this enquiry about?

A guide on the theme of holders of the 「定住者」 status of residence who want to bring a child left behind in their home country to Japan.

Why can an adult child not be brought over on a 定住者 visa?

Because 第6号 of the 定住者告示 limits this to "an unmarried biological child who is a minor".

Under 第6号 of the 定住者告示 (the public notice on Long-Term Residents), set by the Immigration Services Agency of Japan, the requirement is that the person is "an unmarried biological child who is a minor", supported by someone residing on a Long-Term Resident status. "Minor" here is said to mean under 18 years old, following the reform of the Civil Code. Under the 入管法 (Immigration Control and Refugee Recognition Act), bringing over a biological child on a 定住者 visa is said to be allowed only where a parent protects and supports, in Japan, a child under 18 years old who cannot yet support themselves. Where the child is already over 18 years old, that is an adult, they are treated as being of an age to stand on their own feet in society. Wanting to live with a parent, or having a parent pay the living costs in Japan, is said not to meet the requirements of the 定住者告示 on its own.

Are there exceptions where an adult can still be a 「定住者」?

Only in extremely unusual cases on humanitarian grounds, such as severe disability or illness needing constant 介護 (nursing care).

In practice, cases where a person 18 years old or over may exceptionally stay or be brought over as a 「定住者」 are said to be limited to extremely unusual ones on humanitarian grounds. An example is where an adult child left alone in the home country physically cannot look after themselves because of a serious disability, and there is objective evidence, such as a doctor's medical certificate, that nobody in the home country can care for them instead. Reasons such as "my child cannot find a job, so I want to bring them to Japan" or "I am lonely and want to live together" are said not to fall within the exception.

What other statuses of residence can bring over an adult child?

「留学」, 「技術・人文知識・国際業務」 and 「特定技能」 are the realistic ones to consider.

What should I watch out for in practice?

Check your child's age early, and if they are already an adult, build a route that the child can apply through in their own right.

If your child is under 18 years old, it is best to start the procedure to bring them over as a 「定住者」 (an unmarried biological child who is a minor) — that is, the 在留資格認定証明書交付申請 — right away. The closer the child comes to adulthood, the harder the screening becomes, with questions such as "why bring the child over only now?" and "will the child really attend school, or is this about earning money?", so an early application is said to be needed. If the child is already an adult, it is time to give up on a visa in which the parent brings the child over, and instead to build a route to fit the child's own education and abilities — 「留学」, 「特定技能」 or 「技術・人文知識・国際業務」 — and to have the child apply for the visa on their own. Decisions on a status of residence are said to be made on objective facts laid down by law, such as age, education and test results, weighed up as a whole, and not on the wishes or the views of the parent.

Frequently Asked Questions

Can an adult child be brought over simply because the parent is a 定住者?

No. In practice, bringing over an adult child on the ground of living with and being supported by the parent is said to be impossible as a rule.

What options does an adult child have for coming to Japan?

Depending on the child's own education and abilities, the routes to consider are statuses of residence such as 「留学」, 「技術・人文知識・国際業務」 or 「特定技能」, obtained by the child in their own right.

If my child is approaching 18 years old, should I hurry?

Yes. While the child is under 18 years old it is said to be best to start the procedure to bring them over as a 定住者 early. The closer the child comes to adulthood, the stricter the screening is said to become.

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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.