Spouse visas such as “spouse or child of Japanese national(日本人の配偶者等)” and “spouse or child of permanent resident(永住者の配偶者等)” have an expiration date. If you wish to continue living in Japan after the expiration date of your visa, you must go through procedures to extend your period of stay. This procedure is called “application for extension of period of stay(在留期間更新許可申請)”. The application should be made from three months prior to the expiration date until the date of expiration of the period of stay.
This part explains the procedures for renewal of a spouse visa.
Please note the expiration date of your visa.
Holders of so-called spouse visas, such as “spouse or child of Japanese national” and “spouse or child of permanent resident”, have an expiration date. This expiration date can be confirmed by looking at the resident card.
If you wish to continue married life in Japan beyond the expiration date of your current period of stay, you are required to renew your period of stay.
In the case of “spouse or child of Japanese national” or “spouse or child of permanent resident”, there is no upper limit to the number of times the period of stay can be renewed.
When is the renewal process due?
An application for extension of period of stay is filed from three months prior to the expiration date of the period of stay until the expiration date of the period of stay. If the day of the expiration date is a holiday and the Immigration Service Agency is closed, the application can be filed until the next day.
Application can be made 3 months prior to the expiration date of the period of stay.
The procedure to renew the period of stay is called “application for extension of period of stay”. This procedure can be applied for three months prior to the “Period of Stay” date (Expiration Date) on the resident card.
For example, if “November 1, 2023” is the expiration date of the period of stay, and the application is filed on September 20, 2023, and permission for a “one-year” extension is granted on October 20, 2023, and a new residence card is issued, the period of stay will be “November 1, 2024” (not “October 20, 2024”).
In other words, even if you apply early and receive permission before the expiration date of your stay, you will not be disadvantaged by the shortened period of stay. We recommend that you apply well in advance.
▶Immigration Service Agency『Application for extension of period of stay』
When is the application due?
Application for extension of period of stay is made before the expiration date of the period of stay.
For example, a person whose expiration date of stay is November 1, 2023 will have no problem if he/she can apply on November 1, 2023 at the latest. However, if they are even one day late or inadvertently forget, they will be overstayed.
Renewing your residency requires cooperation from others and preparation of documents. When you find yourself nearing the expiration date of your visa, you may be tempted to give up if you are not prepared in time. The Immigration Service Agency will take sincere care of you so that you do not overstay. Even if you are not ready in time, please go to the immigration office before the day of the expiration date of your visa to consult with them and go through the necessary procedures.
If the last day of the period of stay is a holiday
However, there is an exception when the last day of the period of stay falls on a holiday.
The following is stipulated in “Part 10: Examination of Residency” of the Examination Guideline(審査要領).
Application for change of status of residence(在留資格変更許可申請) and application for extension of period of stay
“Part 10: Examination of Residency” of the Examination Guideline.
If the expiration date of the period of stay falls on a holiday and the application is submitted on the most recently opened day, it shall be accepted as an application during the regular application acceptance period.
Under the Act on National Holidays(休日法), holidays of administrative agencies are defined as follows. If it is the day following a holiday specified here, the application will be accepted as within the period of stay.
(1) The days listed in the following items shall be holidays of administrative organs, and the administrative organs shall not, in principle, hold office
(i) Sundays and Saturdays
(ii) Holidays provided for in the Law Concerning National Holidays (Law No. 178 of 1948)
(iii) Days from December 29 to January 3 of the following year (excluding the days listed in the preceding item)
(2-3 omitted)
This means that if the Immigration Service Agency is closed on a holiday or other reason on the day your period of stay expires, you can apply until the following day. In this case, you will not be considered to have overstayed even if you take the necessary procedures on the following day.
If the procedure is delayed and the expiration date arrives during the application process
If the application is filed within the period of stay, the applicant can continue to reside in Japan without any problem even if the expiration date of the visa comes during the examination period. This is because you will automatically be placed in a period called the “special period(特例期間)”.
What is a special period?
For example, if you file an application for renewal at the Immigration Service Agency on the day your period of stay expires, you will automatically placed in a “special period” from the following day. This special period lasts until the earlier of two months from the date of expiration of the period of stay or the date when the result of the application for extension of stay is issued.
If a person in possession of a residence card applies for permission to extend the period of stay or to change the status of residence (hereinafter referred to as “Application for permission to extend the period of stay, etc.”), the disposition related to the application will be the expiration of the period of stay. If the disposition is not made by the date, you will continue to remain in Japan with your previous status of residence until the earlier of the time when the disposition is made or the end of two months from the expiration date of your period of stay. You can stay in Japan.
Immigration Service Agency『What is the special period?』
If you have applied, you will see on the back of your residence card that you are in the middle of an application regarding your status of residence. In case of online application, no stamp will be put on, but this is not a problem if you carry an email with the application number that you receive after submitting your application.
Ｑ４－38 My period of stay has expired after I applied online. How can I prove that I am still applying (during the special period)?
Ａ４－38
If you applied online, please bring the reception completion email with you in addition to your residence card.
Immigration Service Agency『Q&A regarding online application procedu』
If you wish to have your seal affixed to the back of your residence card during your residence application and be issued with an application receipt slip due to reasons such as the necessity for opening an account at a financial institution, please note that the online application has been accepted. Regional Immigration Control Office Please contact us.
In principle, the result of the examination will be issued within the special period. If you do not receive the result before the expiration of your period of stay, please contact the Immigration Service Agency in person.
On the back of the application receipt you receive when you apply at the Immigration Service Agency, you will find a list of precautions to be taken after your application (in the case of Tokyo Immigration Service Agency). Please check it carefully yourself.
Screening points for spouse visa renewal
The Immigration Service Agency has issued guidelines for renewal of the period of stay. Basically, the renewal procedure is not difficult as long as you abide by Japanese laws and your lifestyle has not changed significantly from what you applied for last time.
Points for examination of “Application for extension of period of stay”
The Immigration Service Agency’s “Guidelines for Change of Status of Residence and Extension of Period of Stay(在留資格の変更、在留期間の更新許可のガイドライン)” explains the examination points for extension of stay (available on the Immigration Service Agency website).
The following points are to be comprehensively considered in the examination for renewal.
１ Activities in which an applicant intends to engage must correspond to any status of
Guidelines for Permission for Change of Status of Residence and Extension of Period of Stay
residence listed in the Appended Tables of the Immigration Control Act.
２ Applicants must conform to the landing permission criteria provided for by Ordinance
of the Ministry of Justice, etc.
３ Applicants must have engaged in activities that are in accordance with the current status
of residence.
４ Applicants must have good behavior
５ Applicants must have sufficient assets or ability to make an independent living.
６ Proper employment and working conditions must be met.
７ Tax obligations must be fulfilled.
８ Obligations provided by the Immigration Control Act, including notification obligations,
must be fulfilled.
Basically, if the situation has not changed significantly since the previous application (permission) and the marriage is continuing, there is little risk of disapproval at the time of renewal as long as “7 Tax obligations must be fulfilled.” is done without problems.
In addition, as for “5 Applicants must have sufficient assets or ability to make an independent living.”, there should be no problem if not only the foreigner himself/herself but also his/her household is able to live a stable life.
However, please note that you may be deemed not to meet these guidelines if, for example, you are living separately (considering divorce), your household income has significantly decreased, or you have not fulfilled your tax obligations. In order to ensure a smooth renewal process, we recommend that you consult with an administrative scrivener(行政書士) or other person familiar with visa matters.
▶Immigration Service Agency『Guidelines for changing residence status and renewing period of stay』
Be careful if divorced or remarried.
For example, if a person who was married to a Japanese national divorces and remarries another Japanese national, the procedure to be followed in such a case is the “application for extension of period of stay”. For the first renewal application after remarriage, the applicant must give a detailed explanation of the circumstances leading up to the remarriage, just as he/she did when applying for a spouse visa for the first time.
For those who have been in Japan as “spouse or child of Japanese national” or “spouse or child of permanent resident”, regardless of the number of days remaining in their period of stay, they can stay in Japan for 6 months after divorce without remarrying or changing their status of residence according to their circumstances. If you get divorced and remarry within the 6-month period, it is generally considered a “short period of relationship” and is a cause for suspicion of a sham marriage by the Immigration Service Agency.
In other words, the amount of documents to be prepared and the difficulty level of application will vary between renewal applications for those who have been married without problems and those who have divorced or remarried. In this case, too, we recommend that you consult with someone familiar with visa matters, such as an administrative scrivener, as soon as possible.
Do I need a “Statement of Reasons(理由書)” for renewal?
Many of you probably prepared a “Questionnaire(質問書)” or ” Statement of Reasons” when you first applied for a spouse visa. We are often asked if a ” Statement of Reasons” is required for renewal as well. Basically, you do not need a ” Statement of Reasons” for renewal.
However, as explained before, if there are concerns about your past and future residency status, such as if you are separated (considering divorce), your household income has significantly decreased, or you have not fulfilled your tax obligations, or if this is your first renewal procedure after divorce or remarriage, it is advisable to prepare a “Statement of Reasons” explaining the circumstances and your future life.
Renewal Procedure Flow and Required Documents
So far, we have explained when to apply for extension of period of stay and the key points of application. The following is an explanation of the actual renewal procedure. Since the examination period may be longer than expected, you should start preparations as soon as possible in order to continue living in Japan with peace of mind.
Steps from application to completion of renewal (receipt of new resident card)
This procedure is to be completed at the Immigration Service Agency that has jurisdiction over your residence. In principle, the person who can apply is the foreign national himself/herself. You may also request an administrative scrivener or lawyer who is qualified to act as an agent.
Required Documents – In the case of “Spouse or Child of Japanese National
| In the case of a spouse (wife/husband) |
|---|
| ・Application form for Extension of Period of Stay(在留期間更新許可申請書) ・ID Photo ・A copy of the spouse’s (Japanese) family register(戸籍謄本) ・One marriage certificate(結婚証明書) issued by an institution in the applicant’s country of nationality (foreign country) ・Documents proving the cost of staying in Japan（residence tax taxation certificate(住民税の課税証明書), tax payment certificate(納税証明書),Certificate of employment(勤務先の在職証明書） ・1 letter of guarantee(身元保証書) for your spouse (Japanese) ・1 copy of the resident card(住民票) showing all members of the spouse’s (Japanese) household ・Present residence card(在留カード)/Passport presentation |
*In addition to the above, documents that provide supplementary information about your daily life and documents that show your past residence status may also be submitted. The above information is the minimum required documentation.
| In the case of a child |
|---|
| ・Application form for Change of Status of Residence(在留資格変更許可申請書) ・ID Photo ・Documents proving the cost of staying in Japan ・1 Letter of Guarantee of Parent (Japanese) ・1 copy of the resident card showing all members of the parent’s (Japanese) household ・Present residence card/Passport presentation |
*In addition to the above, documents that provide supplementary information about your daily life and documents that show your past residence status may also be submitted. The above information is the minimum required documentation.
Apply to the Immigration Service Agency
The procedure at the Immigration Service Agency for a visa is basically done by the foreigner himself/herself at the nearest Immigration Service Agency in the area where the foreigner lives.
Where to apply.
The application should be submitted to the regional Immigration Service Agency with jurisdiction over your place of residence (basically, the nearest Immigration Service Agency).
If there is no branch office nearby, you may apply at the nearest branch or sub-branch office. However, depending on the branch office , there may be cases where the application for status of residence is not accepted, so you need to check with them.
▶Immigration Service Agency：Regional Immigration Control Office
Who makes the application?
Basically, the applicant (foreign national) himself/herself goes to the Immigration Service Agency that has jurisdiction over the applicant’s place of residence.
If the applicant is a child under 16 years of age, a legal representative (such as a parent) may apply on his/her behalf.
If the applicant is overseas, a relative of the applicant residing in Japan who is inviting the applicant (foreign national) may apply on his/her behalf.
On the other hand, an “Agent” who has filed the notification can file the application on behalf of the applicant. Examples of “Agents” include administrative scrivener and attorneys.
*You can also ask an administrative scrivener to do this for you.
Conclusion
The above explains the application for extension of period of stay for a spouse visa holder such as “spouse or child of Japanese national” or “spouse or child of permanent residence”.
The application is to be filed from three months prior to the expiration date of the period of stay until the day of expiration. Even if the expiration date of the period of stay has passed during the application process, the applicant will automatically be placed in a “special period” during which he/she can stay in Japan without any problem. Basically, the examination will be completed within this special period.
It would be safer to apply as soon as possible, so please start preparing as soon as possible.
