Visa situation UK and Japan

Hello there, I'm new to the forum so if this is in the wrong section I'm sorry and please feel free to move it to the correct one.

It's a long story so here goes.....

I'm a guy from the UK in my late 20's. Basically I first came to Japan on a working Holiday Visa, I then got sponsored for another 2 years by a company that I was working for on a specialist in humanities and Engineering visa. I get responsored every year. For over 2 and a half of these years I have been in a relationship with a Japanese citizen and still am.

I have now decided that I no longer wish to work for the company that is sponsoring my visa. I now plan to work elsewhere (different country) with a visa already secured for the next 6 months and my company has made it clear that it will not responser me if I do this.

As you can see this leaves me in a difficult situation. obviously I want to stay in Japan but this job that I have been offered really is too good to turn down and would be good for my career. My girlfriend is very supportive and understands and will visit. It is a serious relationship and we plan on marrying in the near future.

It's my dream to start my own company in Japan with my future wife. But i have a feeling that this might have some delays if I marry her when I don't have a visa that allows me to work in Japan, such as the application process etc. Can anyone help me on this?

Basically my questions are:

*Can I start my own company in Japan on a spousal Visa?
* How long after marrying a Japanese citizen are you allowed to work in Japan?

Any help/advice would be much appreciated. Thanks.

Hen

Yes and yes.
With spouse status you're basically free for all card.

- Yes.
- As soon as you are granted the "Spouse of Japanese national" status. You get married (you might need to obtain some documents from the UK, but the marriage procedure in Japan is straightforward), then apply with Immigrationfor Spouse status based on her family register that reflects her marriage to you, the review of which might take sometime from a few weeks to a few months.

If possible at all on your timeline, it might be "easier" to get married & apply for Spouse status while you are on employer-sponsored work resident status, rather than doing it later when you might visit Japan (while working in a different country) as Temporary Visitor. I say this because being on work resident status sounds like some "continuity," while changing from Temporary Visitor status "could" look like you got married just so that you can be here. But changing from Temporary Visitor is possible.

But if this means you having to rush into marriage, I would not recommend it (just IMHO). Best wishes.

Thank You both for your replies.

Thanks Ak. Yes I certainly don't want to rush into a marriage just to gain a visa, so marriage during that time that I am sponsored is highly unlikely. Has there been previous problems before with the Japanese authorities not allowing spousal visas to legitimate couples due to the non Japanese citizen being on a tourist visa?

I have a couple of other questions for you guys, hope thats ok.

The business (catering) that I want to start would be a seasonal (summer time) so would only really be in operation during the summer months. So perhaps in the winter months there is a small chance we would return to England, does anyone have any previous experience of their spouse (Japanese citizen) going through the similar visa process for the UK? is it similar?
Also do have to spend a certain amount of time in Japan to retain a spousal visa?

Also if I wanted to start the company before I was married is there any other way that I can do it, such as an "investor visa" or something along those lines? I had a quick look on the Japanese embassy visa embassy website and couldn't seem to find anything apart from different work visas for people that were employees.

Again sorry for all the questions and any help advice would be greatly appreciated.
Thanks

- I don't think there have been specific "problems," but seeing that Immigration tends to want to see continuity and stability (both relationship and financial situation), the review process might become a bit stringent if you don't have a regular income in Japan or "just got married" while being a Temporary Visitor.

- For some time I had a "spouse" status for the UK (I'm Japanese, my spouse is a continental European, but we used to live in the UK when we got married); at that time it was simple. Recently, though, I heard that the UK authorities have become very strict about non-EU spouse, and that they give English language and UK history exams before granting the visa. Please look into this separately, because this is a UK matter.
Once you have "spouse of Japanese national" status in Japan, and you get re-entry permit on it, you can leave up to one year (I believe).

- Not really. "Business Manager/Investor" status requires that your business hires one or two Japanese nationals, etc., and the requirements are quite strict, and this one is said to be difficult to get.

Please be sure to check the municipal government's requirements for catering business (kitchen inspection/certification, health/hygiene personnel, etc.) which I believe there are some.

Has there been previous problems before with the Japanese authorities not allowing spousal visas to legitimate couples due to the non Japanese citizen being on a tourist visa?

Not really, although you may have to prove that you are a legitimate couple.

So perhaps in the winter months there is a small chance we would return to England, does anyone have any previous experience of their spouse (Japanese citizen) going through the similar visa process for the UK? is it similar?

So basically you would want to hold Japanese spouse residency and your wife UK residency? Sounds possible but you may want to consult a lawyer who know the ins and outs of how to do it. Be aware that in this situation could have tax implications.

Also consider that with your citizenships you can both say 3+ months on a visa waiver. That may simplify things if you are able to limit your stay 'abroad' from your country of residence to this time period.

Also do have to spend a certain amount of time in Japan to retain a spousal visa?

Not specifically, but residency status are given on a need basis, so presumably immigration could look at your travel history at renewal time and deem you not to need your residency anymore if you are spending too much time outside of the country.

Also if I wanted to start the company before I was married is there any other way that I can do it, such as an "investor visa" or something along those lines? I had a quick look on the Japanese embassy visa embassy website and couldn't seem to find anything apart from different work visas for people that were employees.

Yes, something like the investor or business manager/entrepreneur visa would be appropriate for this case. But keep in mind the guidelines are stricter than starting a business on a spouse visa. For example, the requirement to hire at least 2 full time employees sounds like it opposes your current business plan. More info:

http://www.japanvisa.com/visas/japan-investor-visa
http://www.tokyoimmigration.jp/eng/sougyou.html