Visa for De Facto Spouse of Japanese National

2025年10月27日 15:08

You are living with your Japanese partner as if married but have not yet submitted a marriage registration to the local government office—a state known as "de facto marriage" (or common-law marriage). Can a foreign national in such a relationship obtain a visa (status of residence) to live in Japan?

The conclusion is that, in principle, you cannot obtain the "Spouse or Child of a Japanese National" visa (commonly known as the Spouse Visa) under a de facto marriage. However, under certain circumstances, it may be possible to be granted the "Long-Term Resident" (Teijūsha) visa.

1. Why the "Spouse Visa" Cannot Be Obtained with a De Facto Marriage

The Status of Residence "Spouse or Child of a Japanese National" is intended for couples whose marriage is legally valid under Japanese Civil Law. This means it is premised on the fact that a marriage registration has been submitted to a Japanese municipal office, that the registration has been accepted, and that the marital relationship can be confirmed on the family register (Koseki).

Therefore, even if a couple cohabits and essentially lives a life equivalent to a married couple, the "Spouse Visa" will not be granted in a de facto marriage relationship where a legal marriage cannot be confirmed on the family register.

What about a marriage certificate from a foreign country?

Even if the marriage is validly established in the foreign partner's home country, unless that fact is submitted as a marriage registration in Japan and reflected in the Japanese partner's family register, the foreign partner will not be recognized as a "spouse" under Japan's Immigration Control Act.

2. The "Long-Term Resident" (Teijūsha) Visa Option for De Facto Couples

If you wish to live together in Japan without a legal marriage on the family register, you may be able to apply for the "Long-Term Resident" (Teijūsha) visa.

The "Long-Term Resident" status is a status of residence granted by the Minister of Justice, who considers individual circumstances and grants residency as a special exception, often based on humanitarian considerations.

Possibility 1: If the couple has a biological child who is a Japanese national

If the de facto couple has a child who holds Japanese nationality, the foreign partner has a higher likelihood of obtaining the Long-Term Resident visa as the "parent of a biological Japanese child." In this case, the submission of the following documents is required.

Child's birth certificate or family register transcript (Koseki Tōhon)

A document proving that the Japanese partner has legally acknowledged the child (Ninchi)

Materials showing that the child and the foreign partner are actually living together and raising the child

Possibility 2: Special circumstances, such as long-term cohabitation

If the couple has cohabited for a long period (a guideline is generally 3 years or more) and shares a livelihood, the Long-Term Resident visa may sometimes be granted based on humanitarian considerations, even without a biological Japanese child. However, this is strictly at the discretion of the Immigration Services Agency, and proving the case is extremely difficult.

3. Documentation Required for a Long-Term Resident Visa Application

Applications for the Long-Term Resident visa based on a de facto marriage undergo even stricter screening than the "Spouse Visa." Immigration focuses mainly on the authenticity of the relationship and financial stability.

① Proof of Authenticity

Documentation is needed to prove the relationship is a "relationship equivalent to a marriage," not merely cohabitation or a dating relationship.

・Proof of cohabitation
・Records of dating/shared life
・Letter of reason/explanation

② Proof of Financial Stability

The Japanese partner's financial ability to support the foreign partner is also strictly scrutinized.

・Taxation certificates and tax payment certificates
・Withholding tax statements, pay slips
・Certificate of bank account balance, etc.

4. Risks and Points of Caution

A visa application based on a de facto marriage relies heavily on the discretion of the Immigration Services Agency and is an application of high difficulty with a high probability of denial. Once an application is denied, a reapplication often becomes even more difficult.

The most certain and simple method is, naturally, to submit a marriage registration to a Japanese local office and apply for the "Spouse or Child of a Japanese National" visa. If there are special circumstances that absolutely prevent legal marriage, it is strongly recommended to consult with a specialist, such as an administrative scrivener (Gyōsei Shoshi) who is knowledgeable about immigration practices, to carefully consider the strategy for providing evidence.

【Disclaimer and Important Notice】

This article summarizes general information based on the laws and immigration practices effective at the time of writing (as of October 2025). The actual approval or denial of an application can vary significantly depending on individual circumstances, supporting documentation, and the decision of the Immigration Services Agency. For specific cases, you must consult with a specialist (such as an administrative scrivener or lawyer).

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