Can I apply for a spouse visa on behalf of my spouse?
A spouse visa is a status of residence available to foreigners who are internationally married to a Japanese citizen. For example, if a foreign spouse is abroad and wishes to enter Japan on a spouse visa, is it possible to apply on behalf of the spouse? Let us explain in detail.
What is a spouse visa?
A spouse visa is a status of residence in Japan that a foreign national can obtain when married to a Japanese national. The term “spouse visa” is a common name. To be precise, it is called “Status of Residence: Spouse or Child of Japanese National.
Can I apply on behalf of a foreign national?
When a foreign national applies for a spouse visa on his/her own, can a Japanese national or relative living in Japan who is the spouse of the foreign national apply on his/her behalf?
As it turns out, the applicant’s spouse, blood relatives within the sixth degree of kinship, and in-laws within the third degree of kinship can act as the applicant’s representative. Blood relatives are those who are literally related to the applicant by blood (natural blood relatives) and those who are related to the applicant’s adopted child and adopted or foster parents (legal blood relatives). In-law relatives are those relationships created by marriage, for example, the relationship between oneself and one’s wife’s siblings.
For example, suppose Mr. A (a Japanese national) and Mr. B (a foreigner) got married abroad and Mr. A returned to Japan before Mr. B. If Mr. B wishes to enter Japan on a “spouse visa,” since Mr. B (the applicant) is not yet in Japan, Mr. A, who returned to Japan before Mr. A, can apply as Mr. B’s legal representative. However, if Mr. A is also abroad, he can file an application as Mr. B’s legal representative.
However, if Mr. A is also abroad, a blood relative within the sixth degree of kinship or a relative by marriage within the third degree of kinship of Mr. B can apply on his behalf. For example, if Mr. B’s parent or sibling lives in Japan, or if Mr. A’s parent or sibling in Japan can apply on Mr. B’s behalf.
Relatives in the sixth degree of kinship from Mr. B’s perspective include parents, grandparents, brothers and sisters, nephews and nieces, aunts and uncles, and cousins and cousins. In addition, in-laws within the third degree of kinship from Mr. B’s perspective are Mr. A’s parents, grandparents, brothers, sisters, aunts, uncles, aunts, etc.
Can an administrative scrivener apply on my behalf?
Can an administrative scrivener who specializes in applications for status of residence apply on behalf of a spouse visa?
Unfortunately, Gyoseishoshi Lawyers cannot apply on your behalf. Gyoseishoshi-soshi lawyers only go to the Immigration Bureau and submit the application and necessary documents as an “agent” for the application. Therefore, they do not have the authority to apply “on behalf of” (i.e., as a proxy for) the applicant.
Summary
When a foreign spouse abroad wishes to apply for a spouse visa, a relative within the sixth degree of kinship or a relative by affinity within the third degree may apply on behalf of the foreign spouse. However, Gyoseishoshi Scriveners can only act as an agent for the application, not as a representative.
