Consequences for a Visa Holder if Their Spouse Exceeds Part-Time Work Limits#

It is quite common for individuals working in Japan on a work-related status of residence to bring their spouse from their home country on a “Dependent” visa. Spouses on this visa can often work part-time after obtaining a “Permission to Engage in Activity Other Than That Permitted Under the Status of Residence Previously Granted” (Shikakugai Katsudo Kyoka). However, this permission comes with a strict time limit, typically “up to 28 hours per week.”

A frequent concern is what happens if the dependent spouse works beyond these permitted hours. Many wonder if this violation could affect not only the spouse who overworked but also the primary visa holder who is financially supporting them. This article provides an objective explanation of this issue from the perspective of the Immigration Services Agency of Japan (ISA).

Basic Rules of the “Permission to Engage in Activity Other Than That Permitted”#

First, let’s review the fundamental rules. Individuals with a status of residence that does not inherently permit work, such as “Dependent” or “Student,” must obtain this special permission to engage in activities like part-time jobs.

Even with this permission, work hours are restricted as follows:

General Principle: Up to 28 hours per week

Exceeding this limit, even by a minute, constitutes a violation of the Immigration Control and Refugee Recognition Act. If an individual works multiple part-time jobs, the total hours from all jobs must not exceed 28 hours per week. This rule is enforced strictly, and excuses such as “I didn’t know” or “It was only for a short time” are generally not accepted.

Consequences for the Spouse Who Overworked#

When it is discovered that a spouse has worked beyond the permitted hours, the direct consequences fall upon the individual who committed the violation.

The primary consequences include:

Denial of Application for Extension of Period of Stay: The most likely outcome is that their next visa renewal application will be denied. The ISA is reluctant to allow individuals who do not comply with Japanese laws to continue residing in the country. If overwork becomes evident from income records or other documents, the risk of non-renewal is extremely high.
Revocation of Status of Residence: If the violation is deemed egregious (e.g., consistent and significant overwork, working in adult entertainment businesses), their current status of residence may be revoked even before the renewal period.
Deportation: In very serious cases, the violation may fall under grounds for deportation, and the individual could be ordered to leave Japan.

The Concept of “Joint Liability” for the Primary Visa Holder#

Now, let’s address the main topic: the impact on the other spouse, the primary visa holder. While the term “joint liability” is sometimes used, the Immigration Control Act does not contain a specific provision that directly states, “the visa of a primary holder will be revoked due to their spouse’s violation.”

However, this does not mean there is no impact. During a visa renewal review, the ISA assesses the overall situation of the household, not just the applicant. In this context, a spouse’s illegal work activity acts as a significant negative factor for the primary visa holder.

Specific Points Considered During a Visa Renewal Review#

The specific ways a spouse’s overwork can affect the primary visa holder’s renewal application are judged based on the following points:

1. Reliability of Financial Support and Economic Stability#

The primary visa holder is granted their status on the premise that they have sufficient financial capacity to support their dependent spouse. If it is determined that the household’s finances were dependent on the spouse’s illegal income, it raises doubts about the primary holder’s ability to act as a financial supporter. This can be interpreted as a failure to meet the foundational requirements of their visa, creating a major disadvantage during the renewal process.

2. Supervisory Responsibility and Compliance with Laws#

The primary visa holder is considered to be in a position of supervising their dependent spouse’s life in Japan. Therefore, if it is judged that they “knew about the spouse’s illegal activities, or were in a position where they should have known, but did nothing to stop it,” their own supervisory responsibility is called into question. This can lead to an assessment that the entire household has a low regard for Japanese laws, resulting in a negative evaluation of their “residency status.”

3. Credibility of the Application#

When applying for renewal, documents such as tax certificates (Kazei/Nozei Shomeisho) must be submitted. If the spouse’s income clearly indicates work beyond 28 hours a week, there is a discrepancy between the submitted documents and the reality. Attempting to hide this fact can be deemed a fraudulent application, which would worsen the situation. Even if reported honestly, a reasonable explanation for why the violation occurred will be required.

What to Do If Overwork Has Occurred#

If overwork has happened, whether unintentionally or due to unavoidable circumstances, it is crucial to report the facts honestly and show sincere remorse.

Honest Declaration: Do not hide the violation. Report the facts accurately.
Submit a Letter of Explanation/Apology (Riyusho/Hanseibun): Submit a written document detailing the circumstances that led to the overwork, expressing deep regret, and explaining concretely how you will manage and comply with the rules in the future to prevent a recurrence.
A Pledge from the Primary Visa Holder: It can be beneficial for the primary visa holder to also submit a statement acknowledging their lack of proper supervision and pledging to ensure future compliance.

Taking these steps does not guarantee that the renewal will be approved. However, hiding the facts or responding dishonestly is highly likely to lead to a more severe outcome.

Conclusion#

There is no explicit “joint liability” provision in Japanese immigration law for a spouse’s overwork. Nevertheless, since visa renewal applications are evaluated on a household basis, the violation will undoubtedly have a serious negative impact on the primary visa holder’s status. Relying on illegal income to support a household undermines the very foundation of one’s status of residence. To maintain a stable life in Japan, it is paramount for the entire household to understand and adhere to the country’s laws and regulations.