Japan Spouse of a Permanent Resident Visa

The Japan Spouse of a Japan Permanent Resident Visa is for applicants who are the spouse of a Japan Permanent Resident or Special Permanent Resident. For further background see here for more information about the Applying for Japan Permanent Residence.

SIX STEPS TO OBTAIN A JAPAN SPOUSE OF A JAPAN PERMANENT RESIDENT VISA

In order to obtain a Japan Spouse of a Japan Permanent Resident Visa to live in Japan, an applicant will need to complete the following six steps:

STEP 1 – Confirm the Proposed Activities in Japan are Consistent with those Permitted for the Holder of a Japan Spouse of a Japan Permanent Resident Visa.

The permitted activities under a Japan Spouse of a Japan Permanent Resident Visa are very straightforward as follows:

• The spouse of an individual who is residing in Japan with either Permanent Resident or Special Permanent Resident SOR.

STEP 2 – Assemble the Documents Required to Support a Japan Spouse of a Japan Permanent Resident Visa Application.

Once an applicant has confirmed that her proposed activities in Japan are consistent with those outlined above in Step 1, specific supporting documentation needs to be prepared.

In the case of a Japan Spouse of a Japan Permanent Resident Visa, the authorities require the following:

1. Documents certifying the personal relationship between the applicant and the Permanent Resident.
2. Copies of the Permanent Resident’s registration certificate or the passport.
3. Documents certifying the profession and income of the Permanent Resident or the applicant.
4. A letter of guarantee from the Permanent Resident.

Although not technically required, our experience is that providing Japanese translations enhances the quality of the application. This may minimize delays in obtaining final approval.

JAPAN VISA™’s certified immigration professionals are able to assist in the preparation and translation of all documentation required for a Japan Spouse of a Japan Permanent Resident Visa.

STEP 3 – Submit an Application for a Japan Spouse of a Japan Permanent Resident Visa Certificate of Eligibility (“COE”).

Once the applicant’s activities have been confirmed and the appropriate documents assembled per steps 1 and 2 above, the next step in most cases will be to apply for a Certificate of Eligibility (abbreviated as “COE”).

A COE is a document issued by the Japanese immigration authorities. It certifies an applicant’s eligibility to undertake specific activities in Japan – in this case, the activities associated with the Japan Spouse of a Japan Permanent Resident Visa application.

An application for a Japan Spouse of a Japan Permanent Resident Visa COE must be submitted in person at a regional immigration office in Japan. The COE application cannot be submitted by mail or at a Japanese embassy outside Japan.

STEP 4 – Await Approval of the Japan Spouse of a Japan Permanent Resident Visa COE.

The processing time for a Japan Spouse of a Japan Permanent Resident Visa COE is generally four to six weeks.

Once approved, a notice is sent to an address in Japan advising that the COE is ready for collection at the regional immigration office where the COE application was originally submitted.

STEP 5 – Obtain Japan Spouse of a Japan Permanent Resident Status of Residence (“SOR”).

Once an applicant has the Japan Spouse of a Japan Permanent Resident Visa COE in hand, the next step is for her to exchange the COE for Japan Spouse of a Japan Permanent Resident “Status of Residence” (usually abbreviated as “SOR”).

Technically speaking, it is the Japan Spouse of a Japan Permanent Resident SOR that will form the basis of the applicant actually living and working in Japan.

There are two methods for doing this:

Method 1: Exchange the Japan Spouse of a Japan Permanent Resident COE at a Japanese Embassy or Consul Outside Japan.

This is the traditional route for obtaining Japan Spouse of a Japan Permanent Resident SOR.

The applicant first exchanges the Japan Spouse of a Japan Permanent Resident Visa COE for a Japan Spouse of a Japan Permanent Resident Visa at a Japanese embassy or consul outside Japan. The process generally takes two to three business days.

The applicant then travels to Japan and is granted Japan Spouse of a Japan Permanent Resident SOR at the port of entry.

Method 2: Undertake a Change of Status to Japan Spouse of a Japan Permanent Resident SOR in Japan.

In some cases, an alternative may be for the holder of a Japan Spouse of a Japan Permanent Resident COE to enter Japan under the Japan Visa Waiver Program or some other form of short-term entry. The applicant then applies for Japan Spouse of a Japan Permanent Resident SOR via a change of status at a regional immigration office in Japan.

A change of status takes approximately two weeks. During that time, it is not possible for the applicant to travel outside Japan.

Where the change of status route is utilized, JAPAN VISA™’s certified immigration professionals can undertake the necessary procedures at the regional immigration office in Japan.

IMPORTANT CONSIDERATIONS AFTER RECEIVING YOUR JAPAN SPOUSE OF A JAPAN PERMANENT RESIDENT VISA

Once an applicant has their Japan Spouse of a Permanent Resident Visa in hand, there are a number of very important issues that need to be considered in order to avoid possible future problems.

• Japan Residence Card

Whether you receive your Japan Spouse of a Permanent Resident SOR at the airport upon entering Japan or via a change of status application filed at a regional immigration office in Japan (see Step 5 above), you will receive a Japan Residence Card.

This is an official identification card that includes an IC chip. The Residence Card contains personal information such as your name, address, birth date, residence status (in this case, Investor SOR), period of stay, etc.

You are required to carry your Residence Card at all times.

• Consider Applying for a Japan Re-Entry Permit.

Up until July 2012, if you held Japan Spouse of a Permanent Resident SOR and wished to temporarily leave Japan (e.g., for vacation, business, etc.) it was necessary to obtain a Re-entry Permit for Japan in advance of travelling.

However, it is now possible to leave Japan for up to 12 months without a Re-Entry Permit.

If there is any possibility that a trip outside Japan will last for more than 12 months, an individual holding Japan Spouse of a Permanent Resident SOR should ensure that they have a Re-entry Permit.

This can be obtained at regional immigration office in Japan.

• Understand Your Tax Obligations

There are at least three important tax issues that need to be considered by anyone holding a Japan Spouse of a Permanent Resident Visa

(i) Japanese Tax for holders of Japan Spouse of a Permanent Resident Visa

People living in Japan under Japan Spouse of a Permanent Resident Visa SOR will typically be working for an institution that handles at least part of their Japan tax matters on their behalf. This is done by way of withholding tax deducted each month and a year-end adjustment as part of the December payroll.

However, if some income is being paid outside Japan, you may need to submit a Japanese individual tax return by 15 March each year. It is very important that you understand your Japan tax obligations since no extensions are available.

Complying with your Japanese tax obligations is essential in order to renew your visa.

This article explains the basics of Tax Planning for Foreigners Working in Japan.

(ii) United States Tax for Holders of Japan Spouse of a Permanent Resident Visa

If the holder of Japan Spouse of a Permanent Resident Visa is a US citizen or green card holder, they will usually continue to have US tax obligations even while living in Japan.

The US rules applicable to Americans living overseas are complex and constantly changing. In order to avoid possible penalties, anyone with a US tax filing obligation should seek specialist advice to ensure that they fulfill their US tax obligations.

(iii) Taxes when the Holder of Japan Spouse of a Permanent Resident Visa Leaves Japan

Prior to leaving Japan, the holder of Japan Spouse of a Permanent Resident Visa is required to fully settle her taxes or appoint a tax agent.

It should also be noted that Japanese local tax is assessed based on where you live on 1 January each year. As a result, departing Japan prior to 1 January may result in significant tax savings.

Contact JAPAN VISA™ to learn how we can assist you to obtain a Japan Spouse of a Permanent Resident Visa.