Blind Spot in Residence Card Receipt and Serious Risks to Renewal of "Spouse Visa" by Length of Stay

Many international married couples frequently travel back and forth between Japan and other countries for work or other reasons. However, there are strict legal rules and "blind spots" that are often overlooked in order to maintain or renew a "spouse visa" in Japan.

In this issue, we will discuss the "Rules for Receiving a Residence Card," using as an example the case of an application for renewal during a short-term stay.andThis section explains the two major hurdles that must be overcome: "the number of days spent in Japan (actual status of residence)" and "the number of days spent in Japan (actual status of residence).

1. can my sister receive a new residence card on my behalf?

If the application is completed within the schedule for a short-term stay, but the applicant cannot be in Japan by the time the new resident card is issued (pick up), there is the question of whether a relative living in Japan (e.g., a sister) can pick up the card on his/her behalf.

Only a "relative living together" can be a receiving agent.

Let me tell you in conclusion,As a rule, relatives (such as in-laws) living apart from the applicant are not allowed to pick up the money on his/her behalf.

In the immigration process, the agents who can receive a new residence card are strictly limited by law as follows

• Foreigner himself
• Relatives living together(Relatives who can be verified as being in the same household with a certificate of residence)
• Administrative scriveners and attorneys who took up the application

Note that a relative who does not live with you, no matter how close you are, cannot be the agent for receipt.

An "important note" when hiring an administrative lawyer.

Then, why don't I just ask an application agency to handle the renewal procedure and pick up the application on my behalf?" You may think, "Yes, that is possible, but there is a most important rule here. It is certainly possible, but there is a most important rule here.

[Most important rule. There is also the moment when the administrative scrivener receives the residence card on your behalf,The foreigner himself/herself (the husband) must be in Japan.

The application itself can be completed during the three-week stay. However, your husband will return to the U.S. after that,Gyoseishoshi Lawyer is not legally allowed to go to the Japanese Immigration Office (e.g. Kyoto Immigration Office) to receive a new card on behalf of the applicant during the "period of absence from Japan".

If the examination is completed (arrival of the postcard notifying the result) after your husband's return to Japan, even if you have hired an administrative scrivener,Wait to receive a new residence card until the next time your husband comes to JapanIt is necessary to

2. the "intrinsic risk" of maintaining or renewing a spousal visa

Aside from the timing of receipt, the greatest concern in this case is the fact that the applicant has almost no actual residency (number of days spent in Japan). Here lurks a serious risk regarding the viability of the visa.

The premise of the spouse visa is "cohabitation in Japan.

The status of residence of "Spouse or Child of Japanese National" is granted on the premise that the couple will live together in Japan and lead a stable common life.

Even if renewal has been granted annually in the past, it is very dangerous if the following conditions persist

• Only planted in Japan for "a few weeks" throughout the year
• The home base (income base) for living and working is completely in the U.S.

If such a situation continues, the Immigration Bureau will claim that the applicant is not actually living in Japan (i.e., using the spouse visa for purposes other than its intended purpose).and it will be determined that this or the next update will beI must say that it is very likely that it will be disapproved (refused to renew).

Even if you are lucky enough to be approved, you walk a "one-year" tightrope.

Even if you are lucky enough to be granted a renewal of your visa, it is unlikely that your period of stay will be extended to "3 years" or "5 years". You will be stuck with a "one-year" period of stay each time you come to Japan, and you will continue to "walk the tightrope" of whether or not you will be granted permission each time you come to Japan in the future.

Summary: Design a life plan carefully tailored to the actual situation.

A spouse visa cannot be maintained merely on the basis of "the fact of being married to a Japanese national," but is strictly checked for "actual status of residence in Japan.

For couples who frequently travel abroad or move their living bases, we recommend that they take another look at whether their current status of stay conforms to the rules of the Immigration Bureau and, if necessary, consult with a professional administrative scrivener before carefully formulating their future living arrangements and visa strategy in Japan.