2025-09-10

Spouse visas are typically renewed on the premise that the couple lives together. However, renewal may be permitted even if the couple is living apart, provided there is a reasonable justification. We explain this point in detail below.

What is a Spouse Visa？

A spouse visa is a residence status that a foreign national residing in Japan can obtain upon marrying a Japanese citizen. Note that “spouse visa” is a common name; the official designation is “Residence Status: Spouse or Child of Japanese National”.

Additionally, the residence status “Spouse or Child of Japanese National” can also be obtained by foreigners who have been specially adopted by a Japanese citizen or who were born as the child of a Japanese citizen.

Why is separation disadvantageous?

The most critical factor to consider when renewing a Spouse Visa is “separation.”

When bringing a foreign national to Japan from overseas, it is natural for the couple to be separated between overseas and Japan. However, if they remain separated after arriving in Japan, doubts may arise about the authenticity and credibility of the marriage, making it difficult to obtain a Spouse Visa.

However, if you are already married and hold a spouse visa, living apart significantly impacts the visa renewal process.

Regarding how separation affects spouse visa renewal, the Immigration Services Agency’s examination guidelines state the following:

“Even if a legal marriage exists, if the couple does not cohabit, mutually cooperate, support each other, and lead a married life in accordance with social norms, it cannot be said that they are engaged in activities as the spouse of a Japanese national, and eligibility for the status of residence cannot be recognized. To be considered leading a married life in accordance with social norms, cohabitation and living together are required unless there is a reasonable justification.”

To put it simply, the regulation means: “Even if married, if living apart without reasonable justification, the relationship cannot be considered a substantive marital relationship.” This makes clear that the Immigration Services Agency fundamentally treats “cohabitation” as a prerequisite for approving spousal visas.

However, given modern social conditions, many may feel this requirement is outdated. Nevertheless, the spouse visa offers significant advantages, such as no work restrictions and relaxed permanent residency requirements, leading to persistent cases of sham marriages for visa purposes. The Immigration Services Agency intends to prevent such sham marriages by making cohabitation a requirement.

When can renewal be granted even during separation?

As explained earlier, unless there is a reasonable justification, a spouse visa will not be granted if the couple is living apart.

A reasonable justification is determined comprehensively, considering factors such as the circumstances leading to separation, the duration of separation, the state of the marital relationship during separation, communication between spouses, provision of living expenses, and other relevant elements.

Specifically, reasonable justifications include the following cases:

・When the spouse is working away from home and there is a reasonable reason for the children not to accompany them, such as school attendance.

・When the couple is separated while divorce mediation or divorce proceedings are ongoing. (Renewal may be permitted until the mediation or court proceedings conclude.)

・Temporary separation due to returning to one’s hometown for childbirth, caring for parents, etc.

・Regular visits to a Japanese spouse who has been arrested and is incarcerated in prison.

Summary

For a spouse visa, if the couple is separated, the status of residence is generally not renewed. However, if there is a reasonable justification, visa renewal may be permitted even during separation.