Translated from Administrative Scrivener Fukada International Law Office.
If a foreigner working on a Specified Skills Visa marries a Japanese national, they can change to a Spouse Visa (“Spouse of a Japanese National”). The benefits of changing to a Spouse Visa include no upper limit on the period of stay (Specified Skills No. 1 Visa has a maximum period of stay of up to 5 years in total), no work restrictions, and the ability to apply for permanent residence if the requirements are met.
What is a Specified Skilled Worker visa?
Specified Skilled Worker visa was introduced in April 2019. The Specified Skilled Worker visa (No. 1) has the following features: the period of stay is limited to a total of 5 years, a series of support is required from the accepting organization (or a registered support organization), and the skills and Japanese language proficiency are confirmed by examination at the time of acceptance.
If you come to Japan on a Technical Intern Trainee visa, you will acquire various Japanese skills through on-site training, then return to your home country and spread those skills to your home country. Therefore, if you Japanese national, you are generally not allowed to change to a spouse visa, and in principle you must return to your home country and then apply for a Certificate of Eligibility to bring them over as a spouse.
In contrast, the Specified Skilled Worker visa was introduced and established to accept foreign human resources with certain expertise and skills as immediate workers in order to address the labor shortage in some industrial fields where it is difficult to secure human resources. Therefore, if a foreigner working on a Specified Skilled Worker visa marries a Japanese person, they can apply to change to a spouse visa without any particular restrictions, unlike the Technical Intern Trainee visa.
What are the benefits of changing to a spouse visa?
The benefits of changing to a spouse visa include no upper limit on the period of stay, no work restrictions, and the ability to apply for permanent residence if the requirements are met.
No upper limit on period of stay
The maximum period of stay for a specified skills visa is set at five years in total. If you change to a spouse visa, there is no upper limit on the period of stay. If you are allowed to change to a spouse visa, it is common to be allowed a one-year visa the first time, a one-year visa the first time you renew, and a three-year visa the second time you renew. Having a three-year visa is one of the requirements for applying for permanent residence.
No more work restrictions
With a specific skills visa, you can only work in industries specified by the Immigration Control Act. You are allowed to change jobs, but you cannot change jobs freely, as you need the cooperation of the accepting organization. In contrast, with a spouse visa, there are no work restrictions, so you can work in any type of job just like a Japanese person, and there is no time limit of 28 hours a week like international students, and you can even run a company. You can even become a full-time housewife to raise your children. In the case of a work visa, if you leave your job and do not change jobs, your visa will be revoked.
You can apply for permanent residence
One of the requirements for applying for permanent residence is, in principle, to have continuously resided in Japan for more than 10 years, and during this period, you must have continuously resided with a work qualification (excluding the “Technical Intern Training” and “Specified Skilled Worker No. 1” residence qualifications) or a residence qualification for more than five years. However, with a Specified Skilled Worker No. 1 visa, the number of years of residence in Japan is not counted when applying for permanent residence.
In contrast, for permanent residence applications from spouse visas, it is sufficient to have been in a substantial married life for at least three years and to have continuously resided in Japan for at least one year.
Basic documents for spouse visa change applications
The Immigration Services Agency’s website provides basic documents for applications to change to a spouse visa (spouse of a Japanese national, etc.).
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One application for permission to change residence status
One photo (4cm length x 3cm width) - Photo specifications: Immigration Services Agency -
One copy of the spouse’s (Japanese national’s) family register (certificate of all details) - *This must state the facts of their marriage to the applicant.
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1 Marriage certificate issued by an institution in the applicant’s country of nationality (foreign country)
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1 each of the spouse’s (Japanese) resident tax (or non-tax) certificate and tax payment certificate (stating total income and tax payment status for the year)
*If the applicant pays for their own stay, the applicant’s resident tax certificate and tax payment certificate -
1 Spouse’s (Japanese) guarantor
*The guarantor must be the spouse (Japanese) residing in Japan -
1 copy of the residence certificate with all members of the spouse’s (Japanese) household listed
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1 questionnaire
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2-3 snapshots (of the couple, with their appearances clearly visible)
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SNS records or call records
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Passport
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Residence card
Support at our office
Our office provides support for applications for specific skills visas and spouse visas. Specifically, we handle the preparation of a full set of application documents (application form, questionnaire, and other basic documents provided on the immigration bureau’s website, as well as supporting materials such as a statement of reasons for application, explanation of circumstances, and supplementary explanation), the application at the immigration bureau (clients do not need to appear at the immigration bureau), and receipt of a new residence card all in one go.
Even in difficult cases (short relationship period, little evidence of relationship, age difference, divorce history, etc.), we take on the case with a wealth of expertise and application experience and will responsibly guide the case to approval. If you have any concerns or worries about the application, please do not hesitate to contact us.