Home
Back

Dear visitor, if you know the answer to this question, please post it. Thank you!

Note that this thread has not been updated in a long time, and its content might not be up-to-date anymore.

Change from tourist Visa into spouse Visa 2017/5/8 08:11
Hello,
I have tried to get an answer to this question, but never found one clear answer (they were mostly opposite), including searching here. I guess the Visa situation may have changed from what it has been few years ago. So I'd like to ask for your help/advice.

I am currently staying as a tourist in Japan, which allows me to stay for 90 days in Japan. I have ticket back to my home country in this period. I am in Japan for almost a month, so I have roughly two months left here. But me and my girlfriend decided to get married. So I have got all the papers I need (we asked at her local Ward Office, etc), all officialy translated from my language into Japanese, all stamps,........ So I guess I have everything I need.

However, from what I have gathered, the change from a tourist to spouse Visa (or from "lower Visa" to "higher Visa") can take from few days up to several months. Which is fine, I really understand this.
I do not have any kind of "alien registration" or so. Just a simple stamp in my passport, as the decision to get married came so to say, suddenly.


So, my question is following:
1) Lets say we marry today (go to city office, fill all the papers,...........). If my tourist Visa expires in two months (let's say on 1.July 2017), what happens if the official result about Visa change arrives after my departure is due? Can I stay legaly in Japan until the decision is made, or do I have to leave if the decision about Visa has not been made until the departure date and wait in my home country?
2) in case I have to leave and wait for the Visa result in my homecountry, is there any minimum/maximum time after which I can legaly enter Japan again?

Thank you a lot
by kimchiotaku  

Re: Change from tourist Visa into spouse Visa 2017/5/8 13:22
First of all, just to clear up on terminlogy: you want to make a change in "resident status" from "temporary visitor" to "spouse of Japanese national." :) (The word "visa" is used only when you "enter" Japan. Since you ARE in Japan already, it is called "resident status.")

It comes in two stages.
- Getting married (I assume your girlfriend is Japanese), and
- Applying for a change of status with Immigration to spouse of Japanese national.

First you get married. I assume you are getting married according to the Japanese law by reporting at the city hall? Then in a few days, your girlfriend's marriage to you will be recorded officially in her "koseki." She will need to get an official duplicate copy (and her "juminhyo" with you in it). These are two of the critical documents you need to apply for a "change of status from temporary visitor to spouse of Japanese national."

Suppose you get all that, AND other documents you need, you submit all the documents with Immigration for a change of status to spouse of Japanese national.

1) Once you've applied with Immigration authorities for a change of status, then they will stamp your passport with a stamp that says it is being processed. Until they come out with a conclusion you can stay in Japan with that.
by AK rate this post as useful

Re: Change from tourist Visa into spouse Visa 2017/5/8 13:32
Thank you for your reply! This has been the most usefull information I have got until now.
Yeah, I am aware of my bad terminology, but you have got the idea ;)
Yeah, she is Japanese national

Just two last questions:
1) "Once you've applied with Immigration authorities for a change of status, then they will stamp your passport with a stamp that says it is being processed. Until they come out with a conclusion you can stay in Japan with that." - I just want to cover all possibilities, so I would like to know, if there is actually any limit to how long I can stay until they come with a conclusion. Lets say it will take them one year (yeah I know, not likely to happen), can I stay until then?

2) during their processing, am I allowed to engage in any kind of working activities, or am I still considered as a tourist and can work only after I got their result?
In both cases, I just do not want to risk anything or cause any trouble.

Thanks a lot!
by kimchiotaku rate this post as useful

Re: Change from tourist Visa into spouse Visa 2017/5/8 13:38
Your additional questions:
1) I am not sure. I am sure they will not allow one year, though. It will be a matter of a "few months."
One thing I have heard is that Immigration tends to push the Certificate of Eligibility path - they want you to leave Japan once and wait for the CoE outside Japan, with which you obtain "visa" and enter Japan with it. If they think they are going to take a very long time, they might push this on you.

2) No. Until you are granted Spouse of Japanese National status, you are not allowed to work.
by AK rate this post as useful

Re: Change from tourist Visa into spouse Visa 2017/5/8 13:44
Yes, you can change your tourist visa (Temporary Visitor) to marriage visa after notifying the Japanese public office about your marriage. You need to submit a notice of unmarried certificate which you got at the embassy. After you finish notifying, you can apply for a marriage visa from immigration authorities .

The immigration authorities can decide if you can stay in Japan to wait for your process, or that you need to go back and wait.

All other documents required can be found on the immigration website
http://www.immi-moj.go.jp/english/tetuduki/kanri/shyorui/02.html

Keep in mind that the immigration authorities here in Japan have a very traditional definition of what constitutes a lawful marriage.

Having a stable income is also key. If you earn your bread via multiple part time jobs then immigration might take a harder look at your application. You might be asked to bring in more than one proof of income as well.
by justmyday (guest) rate this post as useful

Re: Change from tourist Visa into spouse Visa 2017/5/8 14:00
AK:
Thank you for your answer once again! It has been really helpfull.

However, I do have another question, based on what you said..:
One thing I have heard is that Immigration tends to push the Certificate of Eligibility path - they want you to leave Japan once and wait for the CoE outside Japan, with which you obtain "visa" and enter Japan with it. If they think they are going to take a very long time, they might push this on you. .
From what I have gathered here http://www.transenzjapan.com/blog/certificate-of-eligibility-spouse-vi..., " the first and most difficult step is acquiring the “Certificate of Eligibility,” (CoE) or 在留資格認定証明書 (zairyu shikaku nintei shomeisho). The CoE takes anywhere from 1-3 months to acquire. Once you have it in hand, applying for your visa takes about one week.".
In such case, I have to leave Japan, or is there any other LEGAL way? Like me refusing and they asking me why, etc.
To be honest, I am pretty lost with the CoE and spouse Visa terms..
by kimchiotaku rate this post as useful

Re: Change from tourist Visa into spouse Visa 2017/5/8 20:05
I wonder how many times this will need to be said, but it's annoying.

1. A visa is a document issued by a Japanese embassy and which is necessary, except in some special cases, in order to enter Japan. Crucially, a visa alway has "visa" written on it; if you don't have such a document, then you don't have a visa and you shouldn't say you do.

2. A certificate of eligibility (CoE) is a document issued by the Immigration Bureau of Japan and which is necessary, except in some special cases, in order to apply for a visa. A CoE is not necessary for anything else, hence if you don't plan to apply for a visa, applying for a CoE is a waste of time.

3. When you enter Japan, you are granted a status of residence. In your case, you were probably granted the status of "Temporary Visitor", as you can confirm by checking the landing permission sticker in your passport. (Do note that the landing permission sticker does not have "visa" written on it; hence it's not a visa.) Also, if you had a (single-entry) visa, it becomes invalid and you can forget about it: it has served its purpose.

4. If you want to change your status to some other one, such as "Temporary Visitor" to "Spouse or Child of Japanese National", you can file an application for change of status. Crucially, this is not the same thing as applying for a visa, hence a CoE is not required. Also, if your current status expires while your application is still processing, you can stay for an additional two months.

5. Alternatively, you can leave Japan and apply for a "spouse visa" at the Japanese embassy in your country of residence. This may or may not require a CoE; ask the embassy for details. If the visa is granted, you can enter Japan with it, and upon entry you will receive the status of "Spouse or Child of Japanese National".
by Firas rate this post as useful

Re: Change from tourist Visa into spouse Visa 2017/5/8 20:54
Firas: thank you so much for your answer and help . Now it's completely clear to me.
by kimchiotaku rate this post as useful

reply to this thread