Last Updated: Tuesday, 16 September 2014, 10:50 GMT

Japan: Whether a Colombian woman married to a Japanese man has a legal right to live permanently in Japan

Publisher Canada: Immigration and Refugee Board of Canada
Author Research Directorate, Immigration and Refugee Board, Canada
Publication Date 27 January 2003
Citation / Document Symbol JPN40061.E
Reference 2
Cite as Canada: Immigration and Refugee Board of Canada, Japan: Whether a Colombian woman married to a Japanese man has a legal right to live permanently in Japan, 27 January 2003, JPN40061.E, available at: http://www.refworld.org/docid/3f7d4db731.html [accessed 16 September 2014]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

No information on an automatic right to permanent residence for foreign spouses of Japanese men could be found among the sources consulted by the Research Directorate. However, the Ministry of Foreign Affairs of Japan provides, under the descriptive listing of visa categories for foreigners, the following information on those eligible to a "specified visa":

Spouse or Child of Japanese National
(3 years or 1 year)
Spouses of Japanese nationals, children adopted by Japanese nationals in accordance with the provisions of Article 817-2 of the Civil Code (Law No. 89 of 1896), or those born as children of Japanese nationals

Spouse or Child of Permanent Resident
(3 years or 1 year)
Spouses of those who stay with Permanent Resident status or those who are Special Permanent Residents as described in the Special Law on Immigration Control, which covers those who have lost Japanese nationality through a peace treaty between Japan and another nation, or those born as children of Permanent or Special Permanent Residents (Japan 17 May 2000).

The same source indicates that "permanent residence" is not a visa category and is granted by the Minister of Justice, adding that "application for Permanent Resident status is not possible at overseas Japanese diplomatic establishments" (ibid.).

The Embassy of Japan in Ottawa also states that a "specified visa" can be issued to the "spouse or child of [a] Japanese national," adding the following limitations and requirements:

... Single Entry, 1 year to 3 years validation (For working with a Certificate of Eligibility sent by your sponsor in Japan)

Requirements:

Valid passport;

An application form;

One passport size photo;

Please contact Consular Office concerning Certificate of Eligibility (issued by the Immigration Bureau in Japan).

SPOUSE OR CHILD OF JAPANESE NATIONAL

Personal relationship or status on which the residence is authorized:
The spouses of Japanese nationals, the children adopted by Japanese nationals in accordance with the provisions of Article 817-2 of the Civil Code (Law no. 89 of 1896) or those born as the children of Japanese nationals.

Period of stay: 3 years or 1 year (ibid. 12 Nov. 2002).

For detailed information on immigration legislation and related provisions and procedures, please consult the section on immigration at the website of the Ministry of Justice of Japan at (in English). This includes information on procedures and requirements for registering as a resident in Japan.

For additional information on the situation of foreigners, including foreign spouses of Japanese men and residence rights, please refer to ZZZ40060.E and JPN40047.E, both of 27 January 2003, and their attachments.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Japan. 12 November 2002. Embassy of Japan, Ottawa. "Visa Information." [Accessed 23 Jan. 2003]

_____. 17 May 2000. Ministry of Foreign Affairs. "A Guide to Japanese Visas." [Accessed 23 Jan. 2003]

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

Search Refworld

Countries

Topics