How to successfully run a business in Japan and live with your family (or partner)

After establishing a company in Japan and getting your business off the ground, the next question you may be wondering is, "Can I live in Japan with my family or significant other? The status of residence ".Management and Administrationis the foundation of our business operations, and when we bring in family members, we will use the "Family Staywill be utilized. However, there are some institutional differences for same-sex couples that should be noted.

Below is a general overview of both qualifications and their relevance, the differences between opposite-sex and same-sex couples, and some points to note. For individual situations, please consult with a specialist administrative lawyer.

What is the "Management and Administration" status of residence?

The purpose of this visa is to engage in activities to manage a trade or other business in Japan or to manage a business. The main targets of this visa are those who establish and operate their own companies and those who work as an administrator in a company.

The examination will focus on the continuity and stability of the business. Key points include securing an office, a realistic business plan, the necessary scale of funds, and an employment structure, etc. The foundation must be able to actually operate, not just formally established. The period of stay is specified according to individual circumstances, and may be up to 5 years.

What is "Family Visa" status?

Family Visa" is mainly for those who reside in Japan with a work-related status (including "Management").Spouse or child receiving supportThis status is for daily activities (e.g., housework, school attendance, etc.) as a Eligible applicants are spouses and children (biological, adopted, etc.) who are legally married, and parents and siblings are not included in principle.

The actual status of dependency is important, and the period of stay is individually designated for a period not to exceed five years.

Association between "management/administration" and "family stay" (for opposite-sex couples)

If a person with "Management/Administrative" status wishes to bring his/her family to Japan, he/she applies for "Family Visa". The main points are as follows

• Proof of Dependent Relationship: Clearly show family relationships with marriage and birth certificates, and explain the actual status of financial support.
• Economic Strength Requirements: Based on the profitable status of the business and the expected executive compensation, the company will be judged on its ability to provide stable support for the family members. The standard of living based on the number of family members will be a determining factor.
• Timing of ApplicationAfter obtaining permission for management and administration, a separate application for family stay will be made. Cases in which the manager himself/herself enters Japan first and then invites his/her family members to Japan or at the same time are also possible. The examination is independent of each other.

Permission to work during family stays

As a general rule, "Family Residency" does not permit employment with income. However, if you obtain a "Permit to Engage in Activity other than that Permitted under the Status of Residence",Less than 28 hours per weekPart-time work, etc. is allowed within the scope of Activities that fall under the category of business operation or management are not allowed, in which case you will need to consider changing your status of residence.

Treatment of same-sex couples

Same-sex marriage is not legally recognized in Japan, and therefore differs from opposite-sex couples. Since the "Management/Administration" status itself is based on business activities, it does not directly affect whether or not a same-sex couple can obtain this status. It is possible for one person to obtain this status and stay in Japan on the basis of business.

However, "family stay" is not considered a "spouse" under the law,Not obtainable in principleSame-sex marriages are not treated as spouses under Japanese law. Even if a same-sex marriage is validly consummated abroad, the couple is not treated as spouses under Japanese law.

• Alternative response: "specified activities" (outside of the notice)Same-sex couples of foreign nationals, one of whom has a valid status of residence (e.g., management, administration) and the other has a valid status of residence (e.g., business management, etc.).If you have a valid same-sex marriage in your home countryIn addition, from a humanitarian perspective, the status of residence for "specified activities" may be granted on a case-by-case basis.
  • Activities are similar to those of the "Family Residency" category, and consist mainly of daily activities with the dependent living with and receiving support from the sponsor.
  • In many cases, the screening process requires a petition to the home ministry (individual review), with strict scrutiny of proof of marital status abroad, ability to provide support, and stability of the business. This permission is discretionary and is not automatically granted.

The treatment tends to be even stricter in the case of Japanese and non-Japanese same-sex couples.

Key Points and Cautions for Same-Sex Couples

• Proof of Dependent Relationship: Certificate of same-sex marriage from abroad, evidence of cohabitation, and records of financial support. Emphasis will be placed on whether the business operator's income and assets can support two people.
• Availability of work： "Designated Activities" are also not allowed to work in principle, but if you obtain permission to engage in activities other than those permitted under the status of residence, you can work part-time for up to 28 hours per week. Management-related activities require a change of status of residence.
• Role of the Business: The stability of the business is also directly related to the partner's residency screening. Insufficient earnings potential and business infrastructure may be disadvantageous.
• Timing of Application: After obtaining management and administration, a separate application for specific activities is generally made. Examinations are conducted independently.

Cautions and general advice

• Business stability is key: If you are bringing in a family member or partner, it will be a disadvantage in the screening process if the business infrastructure for management and administration is unstable. Please carefully prepare a realistic business plan and income/expense projections.
• Children: For children over the age of 18 or in joint care, the need for support must be explained in detail.
• Examination period: Expect it to take several months and make sure that the required documents are consistent. In particular, specific activities for same-sex couples require more time to prepare since they are examined on an individual basis.
• Check for updates: The status of residence system is subject to revision. Please consult with an administrative scrivener or other specialist based on official information from the Immigration and Residency Management Agency.

Running a successful business in Japan and living with your family or significant other is the ideal lifestyle that many foreign nationals aspire to. Since the system is handled differently for heterosexual and homosexual couples, especially in the latter case, it is more important to prove the actual status of the business and to substantiate the ability to support it.

Please prepare well in advance and set up a foundation for living in Japan with peace of mind. Please contact specialized agencies individually for specific procedures suited to your situation.

(This column is intended to provide general information and does not guarantee individual applications. Please check with the Immigration and Immigration Office for the most up-to-date system.)