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Yuko Mori

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Yuko Mori

Consultant / Certified Administrative Procedures Legal Specialist

What is the “Spouse or Child of Permanent Resident” status of residence in Japan?

September 16, 2021

To reside in Japan, a foreign national must have the status of residence stipulated by the Immigration Control and Refugee Recognition Act (Immigration Act). The “Spouse or Child of Permanent Resident” is a status of residence for family members of foreign nationals who stay in Japan with the “Permanent Resident” status (hereinafter referred to as “Permanent Residents”). This page introduces the “Spouse or Child of Permanent Resident” status.

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What is “Spouse or Child of Permanent Resident” status of residence?

The “Spouse or Child of Permanent Resident” is a status of residence that can be obtained by the spouse or child of a permanent resident. The following is a detailed explanation.

Spouse of a Permanent Resident

A spouse of a permanent resident is a spouse who has been legally married, and does not include a common-law spouse. In addition, it is not sufficient to have a legally valid marriage for a spouse must have an authentic marriage to be recognized as a spouse.

Child of Permanent Residents born in Japan

At least one of the parents must be a permanent resident at the time of birth. The child must also be born in Japan. For example, if a mother of a permanent resident returns to Japan temporarily and gives birth in a foreign country, her child will not be eligible for “Spouse of Permanent Resident”. This means that the child will not be eligible for the “Spouse of Permanent Resident” status from bloodline only.

A “Spouse or Child of Permanent Resident” is a status of residence that allows you to work, and there are no restrictions on the scope of work you can do. In other words, there are no restrictions on the content or hours of work.

Application for “Spouse or Child of Permanent Resident” Status of Residence

As mentioned earlier in section 1 “Spouse of a Permanent Resident”, to be recognized as a spouse, you are required to show that you have a legally valid and substantial marriage relationship. You will need to explain in writing how you came to be married and include the circumstances of your relationship.

Procedures in the case of divorce or bereavement of a permanent resident

The “Spouse or Child of Permanent Resident” is a status of residence for family members of permanent residents, so if there is a change in the marital relationship with the permanent resident due to divorce or bereavement, the following procedures are required.

(1) Notification regarding spouse

Notification of divorce or bereavement must be made to Immigration Services Agency of Japan within 14 days of the divorce or bereavement.

(2) Application for Change of Status of Residence

If you wish to continue your stay in Japan, it is necessary to change your status of residence to an appropriate one. For example, if you have been in a normal marriage relationship in Japan for more than three years and have continued your family lifestyle in Japan, you may be able to obtain a “permanent resident” status of residence.

The longer it takes between the divorce from the permanent resident and the application for change of status of residence, it will be difficult to change your status of residence because the Immigration Bureau will judge that your status of residence is not valid. It is important to prepare beforehand so that you can apply as soon as possible.

Conclusion

In this article, we have introduced the details of the “Spouse or Child of Permanent Resident” status of residence, as well as some key points to keep in mind during the procedures. To obtain a “Spouse or Child of Permanent Resident” status, you must have a legally recognized marriage, and the marriage must have substance. It is also important to keep in mind that the procedures for divorce and bereavement are a little more complicated and preparations should be made beforehand.

If you have any questions regarding your status of residence, please feel free to contact us.

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