Introduction

Foreign nationals who live in Japan with a Japanese partner in a de facto marriage often ask whether they can obtain a “Spouse or Child of Japanese National” status or a “Long-Term Resident” status. This article explains how de facto marriage is treated under Japanese immigration law, especially in relation to the “Long-Term Resident” status, and how such relationships can be proven in practice.

Why “Spouse or Child of Japanese National” Is Generally Unavailable in De Facto Marriages

Under the current system, a de facto marriage with a Japanese national does not, in principle, qualify for the status of residence “Spouse or Child of Japanese National.”
According to official guidance of the Immigration Services Agency, this status is intended for persons who are legally married to a Japanese national, and the existence of a valid marriage must be confirmed through the Japanese family register (koseki) and other official documents such as a Certificate of Acceptance of Marriage Notification.

Therefore, if no marriage notification has been filed and no marriage entry appears in the Japanese partner’s family register, the couple will not satisfy the requirements for “Spouse or Child of Japanese National,” regardless of the length of cohabitation or the reality of their relationship.
Many practitioners also point out in practice that obtaining a spouse status in a de facto marriage is extremely difficult or almost impossible under the current legal framework.

When a De Facto Marriage May Lead to “Long-Term Resident” Status

What Is “Long-Term Resident”?

The status of residence “Long-Term Resident” is granted at the discretion of the Minister of Justice, taking into account individual circumstances such as humanitarian considerations.
The official website of the Immigration Services Agency explains that a Long-Term Resident is a foreign national whose stay in Japan is authorized for a certain period due to special reasons recognized by the Minister of Justice, which clearly shows that it is a discretionary status based on each person’s situation.

Typical Patterns Related to De Facto Marriages

In relation to de facto marriages with Japanese nationals, the following patterns are often discussed regarding possible eligibility for Long-Term Resident status:

• A foreign parent who is actually raising a Japanese national child (so-called “Long-Term Resident for raising a Japanese child”).
• A foreign spouse who continues to reside in Japan after divorce or bereavement from a Japanese spouse (so-called “Long-Term Resident after divorce or bereavement”).

Among these, the type most closely related to de facto marriage is the “Long-Term Resident for raising a Japanese child.”

De Facto Marriages with Japanese Nationals Where Long-Term Resident Is More Likely

Raising a Japanese National Child (Long-Term Resident for Raising a Japanese Child)

If a Japanese national child is born to a couple in a de facto marriage and the foreign parent is continuously raising that child in Japan, it is more likely that the foreign parent will be allowed to obtain Long-Term Resident status.
This type of status, often referred to as “Long-Term Resident for raising a Japanese child,” is a form of “non-notified Long-Term Resident” (so-called “off-notification Long-Term Resident”) designed to ensure the welfare and stable upbringing of a Japanese child.

The following points are generally considered as requirements.

• A parent-child relationship exists between the foreign parent and the Japanese child, as confirmed through recognition and family register records.
• The Japanese child is a minor and unmarried.
• The foreign parent has parental authority and/or is actually taking care of and raising the child.
• The foreign parent has sufficient income or assets to maintain livelihood in Japan.

It is important to note that a legal marriage between the foreign parent and the Japanese parent is not a mandatory requirement for this status. Some practitioner sources clearly state that a child born between a foreign national and a Japanese national who are not legally married may also fall within the scope of this status.

Long-Term Cohabitation and Shared Household with a Japanese Partner

In some cases, if a foreign national has been living with a Japanese partner in a de facto marriage for a considerable period and they have been sharing household expenses, a Long-Term Resident status may be considered for humanitarian reasons even without a child.
However, this is not clearly stipulated as a standard category in the notification and is subject to highly discretionary evaluation. The thresholds for approval are therefore considered to be quite high.

In such cases, the following factors are usually examined comprehensively:

• Length of cohabitation (for example, three years or more as a rough indicator).
• Degree to which the couple shares living expenses and operates as a family unit.
• Stability of income and prospects of maintaining livelihood in Japan.
• Degree of social integration in Japan, such as employment and community ties.

How to Prove a De Facto Marriage

Proving the Relationship through Official Documents

Because de facto marriages are not recorded as legal marriages in the family register, it is necessary to provide multiple documents that, taken together, convince a third party that the couple has a “marriage-like” relationship.
Major official documents include the following:

• Resident record (juminhyo) showing that the couple belongs to the same household and that the foreign partner is listed as “husband (not registered)” or “wife (not registered).”
• Certified copies of each partner’s family register, showing their legal marital status.
• Written statement or declaration required by the local government regarding the de facto marriage relationship.

Many municipalities have systems under which they request such documents from de facto couples and grant them a certain status in tax and social security systems. Documents submitted in such processes may serve as evidence of the existence of the de facto marriage.

Proving the Actual Situation through Private Documents

In addition to official records, it is also helpful to prepare private documents that show the actual circumstances of the relationship.

• Lease agreement indicating joint occupancy or listing the partner as a co-resident.
• Utility or communication bills in joint names and joint bank accounts.
• Letters and New Year cards addressed to the couple jointly from relatives and friends.
• Written explanation of the history of the relationship and cohabitation, photographs, and communication records.

None of these documents is decisive on its own, but presenting many consistent documents in combination will help to show that the couple’s relationship is akin to a legal marriage rather than simple cohabitation.

Key Evidence Points for Long-Term Resident Status Based on Raising a Japanese Child

For de facto couples who are raising a Japanese national child and wish to apply for Long-Term Resident status, the following evidence points are especially important.

1. Proof of Parent-Child Relationship
   • Family register or birth certificate of the child, showing Japanese nationality.
   • Evidence of acknowledgment by the Japanese parent, if applicable.
2. Proof of Actual Custody and Care
   • Resident record of all household members clarifying cohabitation.
   • Records related to nursery school, kindergarten, or school attendance, medical records, and other evidence showing day-to-day parental involvement.
   • Bankbooks and remittance records demonstrating payment of living and child-rearing expenses.
3. Proof of Ability to Maintain Livelihood
   • Certificates of tax payment and taxation.
   • Withholding slips and pay statements.
   • Bank balance certificates and other proof of savings and assets.

By preparing these materials, the applicant can show that continued stay in Japan is necessary and beneficial for the Japanese child and that stable livelihood can be maintained.

Example Scenario

The following is a fictitious example with modified personal details to illustrate how the system works:

• Japanese male A and foreign female B chose a de facto marriage due to differences in views on legal marriage and have been living together and sharing costs for more than five years.
• They have a preschool-aged Japanese national child C, and B takes the primary role in daily childcare, such as dropping off and picking up at daycare and accompanying the child to medical appointments.
• Their resident record shows the same household, where B is recorded as “wife (not registered).”
• B works part-time and earns income sufficient to contribute to the family budget together with A.

In such a scenario, B may consider applying for Long-Term Resident status based on raising a Japanese national child. However, the final decision is made by the immigration authority after a comprehensive evaluation of the family’s circumstances, including their financial stability, the consistency of the parent-child relationship, and the degree of integration into Japanese society.

Conclusion

• A de facto marriage with a Japanese national does not satisfy the legal requirement for the status of residence “Spouse or Child of Japanese National,” which presupposes a valid legal marriage under Japanese law.
• If a Japanese national child is being raised by the foreign parent, especially in a de facto marriage setting, it may be possible to apply for the status of residence “Long-Term Resident” under the category commonly referred to as “Long-Term Resident for raising a Japanese child.”
• To prove a de facto marriage, it is important to combine various documents such as resident records showing “husband (not registered)” or “wife (not registered),” family registers, declarations submitted to the municipality, lease agreements, and joint correspondence to convincingly demonstrate that the couple lives in a marriage-like relationship.
• Since the Long-Term Resident status is granted based on discretionary judgment, the outcome may vary even among similar de facto marriages. When considering an application, applicants should confirm the latest information from the Ministry of Justice and the Immigration Services Agency and consult a professional with the specific details of their situation.