Spouse Visa Renewal: Requirements, Timeline, Avoiding Denial

The spouse visa has periods of stay of 5 years, 3 years, 1 year, and 6 months.

Typically, the initial visa is for 1 year. After continuing married life and completing renewal procedures, the goal is generally to obtain a 3-year visa.

The criteria for granting each period of stay to the spouse of a Japanese national are defined as below. In other words, at the time of renewal, if you do not meet the requirements set for each period, a 3-year or 5-year visa will not be granted.

2-1. Five-Year Period of Stay

To be granted a spouse visa with a five-year period of stay, all of the following five conditions must be met:

1. The applicant has fulfilled the notification obligations under the Immigration Control Act (e.g., notification of place of residence, change of residence, change of affiliated institution). (Not applicable when determining the period of stay at the time of landing.)
2. The applicant has fulfilled various public obligations. (Not applicable when determining the period of stay at the time of landing.)
3. If the applicant is a parent of a school-age child (compulsory education period), the child attends an elementary or junior high school (including so-called international schools). (Not applicable when determining the period of stay at the time of landing.)
4. The primary household supporter has fulfilled their tax obligations.
5. Based on factors such as family composition and length of marriage, the continuity of married life grounded in the status of spouse can be expected. (As for the marriage, only cases where the period of cohabitation after marriage exceeds three years are eligible.)

If even one of the above conditions is not met, a five-year visa will not be granted.

For those who already hold a three-year spouse visa, it is often possible to apply for permanent residency, and many choose to apply for permanent residency

2-2. Three-Year Period of Stay

A three-year period of stay is granted to those who meet any of the following:

1. A person who had been granted a five-year period of stay and, at the time of renewal, satisfies both of the following:
   a. No longer meets any one of items 1 through 4 under the five-year period criteria; and
   b. Based on factors such as family composition and length of marriage, the continuation of married life based on the status of spouse can be expected.
2. A person who does not fall under the five-year, one-year, or six-month period categories.

Item “1.” refers to cases where a foreign national holding a five-year spouse visa no longer meets one or more of the five-year requirements (items 1–4) at renewal, resulting in a downgrade from five years to three years.

Accordingly, when aiming to step up from a one-year to a three-year period of stay, it is generally necessary to meet the conditions under “2.”

Requirements for a Three-Year Period of Stay

The requirements for a three-year period of stay are somewhat difficult to understand as written in the regulations, but in addition to meeting the requirement that married life based on the status of spouse is expected to continue, you must also satisfy the following:

• The applicant has fulfilled the notification obligations under the Immigration Control Act (e.g., notification of place of residence, change of residence, change of affiliated institution). (Not applicable when determining the period of stay at the time of landing.)
• The applicant has fulfilled various public obligations. (Not applicable when determining the period of stay at the time of landing.)
• If the applicant is a parent of a school-age child (compulsory education period), the child attends an elementary or junior high school (including so-called international schools). (Not applicable when determining the period of stay at the time of landing.)
• The primary household supporter has fulfilled their tax obligations.

It is preferable that all four of the above requirements are met; however, if any noncompliance is minor, renewal for a three-year period of stay may still be approved. Unlike the five-year period, a cohabitation record of three years or more is not required.

If none of the negative factors that result in a one-year or six-month period of stay apply, it may be possible to renew to a three-year period of stay, which also enables eligibility to apply for permanent residency.

2-3. One-Year Period of Stay

Generally, when a spouse visa is first granted, the period of stay is one year. Many applicants aim to step up from one year to three years.

A one-year period of stay applies to those who fall under any of the following:

1. A person who had been granted a three-year period of stay and, at the time of renewal, does not fall under any of items 1 through 4 of the five-year period criteria.
2. A person for whom, based on family composition, length of marriage, and other surrounding circumstances, it is necessary to confirm once a year the continuity of married life grounded in the status of spouse.
3. A person whose residence situation requires annual confirmation.
4. A person whose planned stay exceeds six months but is within one year.

The requirement in “1.” sets the basis for downgrading a foreign national holding a three-year period of stay to one year at the time of spouse visa renewal.

Requirements for a One-Year Period of Stay

The requirements for a one-year period of stay are also somewhat difficult to understand as written in the regulations. The key difference from the three-year period is whether the continuation of married life based on the status of spouse is expected (for three years) or not clearly expected (for one year). The following four requirements (which may be accepted even if minor noncompliance exists) are the same as for the three-year period:

• The applicant has fulfilled the notification obligations under the Immigration Control Act (e.g., notification of place of residence, change of residence, change of affiliated institution). (Not applicable when determining the period of stay at the time of landing.)
• The applicant has fulfilled various public obligations. (Not applicable when determining the period of stay at the time of landing.)
• If the applicant is a parent of a school-age child (compulsory education period), the child attends an elementary or junior high school (including so-called international schools). (Not applicable when determining the period of stay at the time of landing.)
• The primary household supporter has fulfilled their tax obligations.

A key point is to convince the examiner that yearly checks of the couple’s marital and income status are unnecessary.

In particular, if you aim for a three-year period of stay, it is essential to demonstrate—regarding the following items that otherwise result in a one-year period—that the examiner need not verify the applicant annually:

• Based on family composition, length of marriage, and other surrounding circumstances, cases where the continuity of married life grounded in the status of spouse must be confirmed once a year.
• Cases where, considering the residence situation, the status must be confirmed once a year.

From the wording “circumstances such as family composition and length of marriage that show the continuation of the marital relationship and life as spouses” and “in light of the residence situation,” it is important that the birth of any biological children, the length of cohabiting married life, financial stability, and track record of residence in Japan are appropriately evaluated through the application and supporting documents in order to qualify for a three-year period of stay.

2-4. Six-Month Period of Stay

Your period of stay will be limited to six months if any of the following apply:

• You are undergoing divorce mediation or divorce litigation (except where both spouses have no intention of continuing the marriage and no further activities as a spouse are anticipated).
• One spouse has clearly expressed the intention to divorce.
• Your planned stay is six months or less.

If it becomes difficult to maintain the marriage, the period of stay will be one year or less. If this situation continues at the next renewal, renewing the spouse visa will be difficult.

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3.Timing and Processing Period for Spouse Visa Renewal in Japan

To renew a spouse visa, you need to understand the timing of the procedures, the duration of the examination, and the key checkpoints for renewal. Familiarize yourself with these to ensure a smooth renewal.

3-1. Timing of the Renewal Procedure

You can apply to renew your spouse visa starting three months before the expiration date of your current period of stay. Submitting your application close to the deadline is not a problem. If your application is accepted before your current period expires and the result is not yet available when the expiration date arrives, your period of stay is automatically extended by two months.

However, if additional documents are requested during the review, you must prepare them before the automatically extended two-month period ends. This can be particularly challenging if you are working and have limited time to prepare. Even if you apply for renewal early, the validity period of your next visa will not be shortened, so be sure to proceed with ample time to spare.

3-2. Processing Time for Renewal Examination

The standard processing time from application to result is around two weeks to one month. However, the required time varies by case—some decisions come sooner, while others take longer.

When renewing a visa, the Immigration Services Agency thoroughly investigates even a single suspicious point. Therefore, even if the review takes time, your renewal should proceed smoothly once any concerns are resolved. Please be patient while awaiting the result.

3-3. Points Examined During Spouse Visa Renewal

According to the Immigration Services Agency’s “Guidelines for Permission for Change of Status of Residence and Extension of Period of Stay,” in addition to the aforementioned requirements for each period of stay, the following factors are considered in visa renewals:

• The foreign national has been engaged in activities appropriate to their current status of residence.
• The foreign national does not have a record of bad conduct.
• The foreign national has sufficient assets or skills to maintain an independent livelihood.
• Tax obligations have been fulfilled.
• Obligations to file notifications and other requirements under the Immigration Control Act have been fulfilled.

Reference: Guidelines for Permission for Change of Status of Residence and Extension of Period of Stay (Immigration Services Agency of Japan)

In addition to having no deficiencies in your documents, the living circumstances and fulfillment of legal obligations mentioned above are also examined. In particular, the following points must be satisfied when renewing a spouse visa.

Marital Life Status

A foreign national holding a spouse visa is permitted to reside in Japan only for the period during which they maintain the status of being the spouse of a Japanese national. Therefore, if there is no substantive marital relationship, the spouse visa cannot be renewed.

For renewal, the marriage must be stable, the couple must live together, support each other, and maintain a shared livelihood. However, even in special circumstances—such as living together only once a week or the spouse staying abroad for an extended period—renewal may be approved if there are appropriate reasons.

Reasons for which renewal may be granted despite living separately include solo work assignments, illness, and caring for parents in the home country. That said, renewal will not be approved unless such reasons can be substantiated. Supporting documents may include travel records for a solo assignment (receipts or tickets), a medical certificate indicating the need to care for parents, or a certificate of incarceration if the Japanese spouse is imprisoned.

Thus, while cohabitation is a basic requirement, renewal may be allowed when the couple is living apart due to special circumstances (e.g., work, hospitalization, family care), provided that the reasons are explained and appropriate evidence is submitted. If the necessary supporting documents are insufficient, the marriage may be deemed broken down, and renewal may be refused.

Additionally, even during divorce proceedings, if there is a need to remain in Japan (such as during negotiations or litigation), it is possible to renew the visa for up to six months until the proceedings are completed by submitting relevant evidence.

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Stable Income to Maintain Married Life

To renew a spouse visa, you must prove a stable financial base. If the supporting spouse’s income is insufficient or both spouses are unemployed, there is a risk that the renewal will be denied.

However, if you receive financial support from relatives in Japan, or if one spouse has secured employment and stable income is expected, the renewal may be approved by submitting documents such as proof of living-expense support or a job offer letter.

In the review, a benchmark is whether the most recent year’s income is at least the minimum amount calculated based on the number of dependents (780,000 yen × number of persons).Proving stable income is extremely important. In particular, if both spouses are unemployed, you must show the source of living expenses and a plan for future income. For a two-person household, an annual income of 2,000,000 yen or more is considered desirable.

Self-employed individuals also need to take care. Even if you file a tax return, if your taxable income is 1,000,000 yen or less, or you are exempt from resident tax, you must explain the source of living funds and your future plans. This is because having taxable income of 1,000,000 yen or less means the funds available for the year are limited.

Conduct and Tax Obligations

For spouse visa renewal, you must have no record of bad conduct and must have fulfilled your tax obligations.

This includes compliance with laws and the performance of public obligations, particularly the payment of taxes. Cases of unpaid resident tax are commonly seen. Because compliance with these public obligations is checked during spouse visa renewal, it is important to verify your status in advance.

Special attention is required regarding unpaid taxes and any criminal record. Here, “criminal record” includes not only violations of law but also nonpayment of taxes. The Immigration Services Agency pays particular attention to “resident tax.” For company employees, special collection from salary is common, but those subject to ordinary collection, such as the self-employed, must be careful to avoid any nonpayment.

Obligations to File Notifications Under the Immigration Control Act

Compliance with notification obligations under the Immigration Control Act is also one of the examination items. This applies to medium- to long-term residents, including spouse visa holders. It includes notifications regarding the particulars on the residence card and notifications regarding the affiliated institution (Articles 19-7 through 19-13, 19-15, and 19-16 of the Act).

For example, if a spouse visa holder moves, and there is a change of address, they must submit a moving-out notification to the municipal office with jurisdiction over the former address and a moving-in notification to the municipal office with jurisdiction over the new address within 14 days of the change.

Fulfillment of such notification obligations is also taken into account in the visa renewal examination. Spouse visa holders must properly submit the moving-out and moving-in notifications when changing addresses and have the new address entered on the back of their residence card. Adherence to these obligations is checked during the review.

Consistency with Previous Applications

If there are discrepancies between the documents previously submitted and the current documents, questions may arise and could affect the examination. When details such as dates or work history do not match, it becomes difficult to determine which information is accurate, which may lead to delays in processing.

Moreover, it is never permissible to include false information in your application documents, even if there are unfavorable circumstances related to your spouse visa renewal. In fact, it is not uncommon for renewals to be denied due to false declarations. For example, if you are not actually living with your spouse but conceal this fact and submit a renewal application to the Immigration Services Agency, the risk of denial increases.

The points discussed above are those examined during spouse visa renewal. However, these are representative criteria; even if all are met, the application may still be denied after a comprehensive evaluation of all circumstances.