Japan Visa For Same Sex Couple
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Japan Visa for Same Sex Couples

{This article is an edited version of one originally written for the Journal of the Japan Foreign Lawyers Association (RBA).}

Background

Gay, lesbian and other same sex couple wishing to obtain a Japan Spouse (Dependent) Visa for a same-sex spouse may face special difficulties.

Cities such as Tokyo have vibrant LGBT+ communities. And, counter to the perception outside Japan, Japanese society tends to be relaxed towards non-traditional lifestyles.

However, Japan Dependent (Spouse) Visas are generally only available to couples whose marriage is legally recognized. Thus, applicants from countries such as the United States where same sex marriages are legally recognized, may find applying for a Japan spouse visa to be (relatively) straightforward.

However, in the case of applicants whose same sex marriages is not legally recognized, a little more imagination may be needed. The focus of this article is applying for a Japan Dependents (Spouse) Visa when a couples same sex marriage is not legally recognized.

Possible Solutions

The following are seven options to consider when seeking to obtain a Japan Dependent (Spouse) visa for a same-sex spouse. While these solutions are may not be perfect, they offer options for individuals who wish to reside with their same-sex spouse in Japan.

  • Check with the Japanese embassy / consul in your country. In some cases a Japan Dependent (Spouse) Visa may be available in countries where the same sex marriage is legally recognized.
  • Short term entry visa. If the same-sex spouse only plans to enter Japan for short periods, he or she can enter Japan on short-term entry visas. This approach is most convenient for individuals from Japan Visa Waiver countries. However, individuals who are deemed to be making an excessive number of entries to Japan, may eventually be subject to challenge at the port of entry. This could lead to refusal of entry.
  • The same sex-spouse obtains a job in Japan. This may be an ideal solution if the same-sex spouse has an in-demand skill. Major headhunting firms are a good places to start investigating this option.
  • English teaching. Although it may not be as easy to find an English teaching job as it once was, native English speakers may be able to find employment as English teachers. The same-sex spouse could thereby obtain a visa independently (typically a Japan Specialist in Humanities Visa / International Relations Visa) through the language school. Details of English language schools can easily be found online. Usually, the same-sex spouse will need to be in Japan for interviews since it is rarely possible to obtain a teaching job sight unseen. Native speakers of languages other than English may also have opportunities but are likely to have more limited options.
  • Study Japanese. A same-sex spouse with a serious interest in learning Japanese can obtain a visa by enrolling in a Japanese language course. Note that the courses offering visa sponsorship typically require at least four hours of class attendance per day. This is a great opportunity for a spouse with a serious interest in learning Japanese.
  • Other areas of study. A same-sex spouse may be able to enter Japan on a Japan Cultural Activities Visa, which involves (unpaid) study of a subject such as ikebana (flower arranging), judo, aikido, etc. This is another great opportunity for a spouse who has an interest in these subjects but can require a serious commitment if the Japan assignment will extend over a number of years.
  • Start a business in Japan. This is an option we have seen utilized successfully by a number of same-sex spouses. It is possible to start a company and have that company sponsor a visa (typically a Japan Investor Visa). It should be noted that the company will need to engage in real activities since visa renewal will require the submission of financial statements. One drawback of this approach is that significant expense may be incurred. Realistically, the company set-up and associated filings may cost approximately JPY1 million. In addition, the initial paid in capital for the company should generally be at least JPY5 million. For more information, this article discusses Self-Sponsoring a Japan Work Visa.

Contact JAPAN VISA™ to learn more about how JAPAN VISA can assist same sex couples to obtain a visa for Japan.

The above is provided for general information purposes only and does not constitute advice to undertake or refrain from undertaking any action. Only qualified Japanese professionals are able to advise on Japan immigration, legal, and tax matters.