VISA for same-sex marriage partner in Japan

Conclusion

Marriage between a Japanese and a foreign resident is not allowed.

Marriage between a foreign resident and a foreign resident → There is room for recognition.

Reason

The premise is that the marriage must be legally valid in order to obtain any types of spouse visa.

If two people from different countries get married, this visa cannot be obtained unless the marriage is validly recognized in both countries.

Therefore, in the case of a same-sex marriage between two foreigners, if the marriage is recognized in both countries, it is possible to obtain a visa, but since same-sex marriage is not yet recognized under Japanese law, even if the marriage is valid in the foreign partner's country, the Japanese partner will lack this requirement and will not be able to obtain a visa.

In addition, a visa for a same-sex spouse is not a spouse visa or a family (dependent) visa, but a Designated Activities visa(特定活動)

.

Requirement

1. the marriage must be a legally valid marriage in both countries.

As mentioned above, same-sex marriages must be valid in the countries of both same-sex partners.

Marriages between foreigners are also not recognized if the marriage is not valid under the laws of one country.

In other words, in the case of an international marriage, a marriage certificate of both countries is required as a general rule.

2. one of the spouses must have a valid status of residence in Japan.

Valid status of residence means the right to reside in Japan.

In other words, there is no room to obtain a visa without the right of residence, such as a Temporary Visitor visa.

Also, visas that do not allow you to invite your family members, such as Specified Skills Worker 1 （特定技能１号） and Technical Intern Trainees（技能実習）, are not acceptable.

3. must have sufficient financial ability to live in Japan.

Financial ability is one of the most important factors in applying for this visa.

The dependent must be financially capable of supporting his/her partner in Japan. Therefore, you must prove that you have sufficient financial resources in the documents you submit to the Immigration Office.

4. the partner obtaining this visa should be in a dependent status.

A partner who is financially independent cannot obtain this visa. Basically, the applicant must be financially supported on the partner who already has status of residence in Japan. If annual income exceeds 1.5 million yen, the applicant must be removed as a dependent. (Social insurance premiums are 1.3 million yen per year).

In addition, he/she cannot work with this visa. However, if he/she obtains a Permit to Engage in Activity other than that Permitted under the Status of Residence, he/she can work up to 28 hours per week in the same way as a Family Resident Visa.

In the case of renewal, the visa will not be immediately cancelled due to removal from dependent status; however, if the work hours exceed the established 28 hours per week, the visa may be changed or cancelled.

Other Visa Features

What the special this visa is that the certificate of eligibility will not be allowed.

If you would like to invite your partner from overseas. It is necessary to apply for permission to change your visa status to "Designated Activities Visa" after the spouse enter Japan with a Temporary Visitor Visa.