Risks and Considerations for Applying for Permanent Residence in Japan Shortly After Marriage#

Obtaining Permanent Resident (PR) status in Japan is a significant goal for many foreign nationals, as it removes restrictions on activities and periods of stay, providing a more stable foundation for life in the country. For those married to a Japanese national or a Permanent Resident, special provisions can relax the requirements for PR. However, it is crucial to understand that applying for PR within a few months of marriage carries substantial risks. This article provides an objective explanation of these risks and the key points scrutinized during the examination process.

General Principles of Permanent Residence and Spousal Exceptions#

First, let’s review the fundamental requirements for obtaining Permanent Residence status. In principle, an applicant must satisfy the following three conditions:

Good Conduct: The person must abide by Japanese laws and lead a life that is socially acceptable as a resident.
Independent Livelihood: The person must have sufficient assets or skills to make an independent living and not become a public burden.
Conformity with the National Interest of Japan: The person’s permanent residence must be deemed to be in the interest of Japan. This includes, as a general rule, “having resided in Japan continuously for 10 years or more.”

For spouses of Japanese nationals or Permanent Residents, an exception is made to the “Conformity with the National Interest” requirement. Specifically, they must demonstrate “having a substantive marital relationship that has continued for more than 3 years, and having resided in Japan continuously for more than 1 year.” This exception allows them to apply for PR without waiting for the 10-year residency period.

Why Applying Soon After Marriage is Extremely Difficult#

An application for PR submitted just a few months after marriage will, in principle, be rejected because it completely fails to meet the spousal exception requirement mentioned above. This is not merely a matter of stricter screening; it is a matter of being ineligible, making a refusal highly likely. The primary reasons are as follows:

1. Inability to Prove the Authenticity and Stability of the Marriage#

To qualify for the spousal exception in a PR application, the marriage must be proven to be genuine, stable, and ongoing with objective evidence. With a marital history of only a few months, there is insufficient evidence of a shared life, making it extremely difficult to demonstrate a “stable and continuous marital relationship.” The Immigration Services Agency of Japan (ISA) is highly vigilant against fraudulent marriages intended solely for obtaining visas or PR status. Consequently, applications based on short-term marriages are subject to particularly intense scrutiny regarding their authenticity.

2. Failure to Meet the “Over 3 Years of Marital Life” Requirement#

The most significant barrier is the explicit requirement of “a substantive marital relationship that has continued for more than 3 years.” This does not simply refer to the period since the marriage was legally registered. It means that the couple must have actually lived together, supported each other, and shared their finances as a married couple for over three years. For instance, if a couple was legally married and lived abroad for two and a half years before moving to Japan and living together for another six months, they might meet the three-year requirement. However, even with a long dating history, if the legal marriage and cohabitation have not lasted for at least three years, the requirement is not met.

3. Difficulty in Demonstrating Settlement in Japan#

Permanent Residence is granted on the premise that the applicant intends to live in Japan as a member of society for the rest of their life. Therefore, the applicant’s “settlement” (定着性, teichakusei) in Japan is a critical factor in the examination. While marriage is a strong indicator of settlement, a duration of only a few months makes it difficult for immigration officials to conclude that the relationship will be lasting. This increases the risk that the applicant will be deemed to have an insufficient basis for settlement in Japan.

A Prudent Approach to Avoid Risks#

Instead of rushing to apply for PR soon after marriage, taking the following steps will provide a more reliable path toward obtaining permanent residence.

Prioritize Renewing Your Current Status of Residence: The first and most important step is to secure and renew your “Spouse or Child of Japanese National” or “Spouse or Child of Permanent Resident” status. This builds a solid and stable record of residence in Japan. Typically, an initial one-year period of stay is granted, and if the marriage continues without issue, subsequent renewals are often for three or five years.
Accumulate Evidence of Your Marital Life: While you work toward the three-year mark, it is highly advisable to regularly collect and organize objective evidence that demonstrates a healthy marital relationship. This can include dated photos of you together, evidence of interactions with family and friends, and documents showing a shared household economy (e.g., utility bills, a joint lease agreement).
Apply When You Clearly Meet the Requirements: The wisest course of action is to begin preparing your application only when you unequivocally meet the condition of “a substantive marital relationship of over 3 years and continuous residence in Japan for over 1 year.” Rushing an application and receiving a refusal can leave a negative mark on your record, which could potentially complicate future applications.

Conclusion#

Marrying a Japanese national or a Permanent Resident does not grant immediate eligibility for Permanent Residence. Applying within a few months of marriage is particularly risky as it fails to meet the legal requirement of “over 3 years of marital life,” making a refusal almost certain. To successfully obtain PR, it is essential to correctly understand the legal requirements, exercise patience, and build a track record of a stable marital and residential life in Japan. Meticulous preparation and a patient approach are the surest ways to achieve your goal of becoming a permanent resident.