Introduction
Changing residence status from “Spouse of Japanese National” or “Spouse of Permanent Resident” to “Permanent Resident” in Japan requires a stable marital and living situation. Many worry about the risk of denial if marital trouble or separation occurs during this application process. This article explains, with official sources and up-to-date guidelines from the Immigration Services Agency of Japan, how marital issues affect permanent residency applications, what evidence is required, and what caution is needed for smooth approval.
General Requirements for Status Change from Spouse to Permanent Resident
Standard requirements include:
- Good conduct (no criminal or problematic behavior)
- Capability to independently maintain a stable livelihood
- Holding the longest possible period of current spouse status
- Continuing actual marital life for 3+ years is typically expected
How Marital Troubles Affect Review
Permanent residency is judged not just by formal marriage but by the actual, ongoing marital relationship. If spouses live apart without compelling reasons (like work assignment or illness), or have severe conflicts, the application faces higher risk of rejection. However, temporary problems alone do not result in outright refusal unless separation is prolonged and unexplained, or there’s evidence of domestic violence (DV). Justified reasons—like business transfers, illness, or DV—with documentary proof can be taken into consideration.
Examples Leading to Denial, and What’s Considered Valid Reasoning
Applications are usually denied if:
- The marriage is suspected to be sham/fraudulent
- Spouses have long-term separation or do not live together with no justification
- Major marital trouble or DV occurs
- Application documents are inconsistent
However, cases where there are legitimate reasons and corresponding evidence (such as proof of remittance, contact records, letters from counselors or relatives, etc.) are reviewed flexibly.
Relation to Visa Cancellation System
If an applicant on spouse status has not engaged in “spousal activity” for over six months without justified reason, their status can be cancelled per Article 22-4-1 of Japanese Immigration Law. Discovering this situation before applying for permanent residency can jeopardize eligibility.
Illustrative Case Example
Example: Mr. A, in his thirties, held spouse status for 5 years, but lived separately from his Japanese wife due to a work assignment for one year. He provided evidence of remittance, contact, and plans to resume cohabitation. The immigration officer accepted his circumstances and approved permanent residence. However, applications with ongoing domestic violence or irreparable marital breakdown are usually denied.
Discretion and Immigration Guidelines
Decisions on permanent residency are made by the Minister of Justice or regional immigration directors, who consider individual circumstances comprehensively. Even though criteria are published, outcomes depend on the particulars and documentation provided in each application. Proper justification and ample supporting evidence are necessary for applications involving marital trouble.
Summary
When changing residence status from spouse to permanent resident, marital troubles can severely impact application results, especially if lack of actual marital life is found. If there are justifiable reasons for trouble or separation, explaining the background in detail and providing evidence increases the chance of a flexible review. Reviewing official guidelines and preparing thorough documentation before applying is critical for successful approval in these cases.
