Changing from work to spouse visa

Hello, I would love to hear your insights. My situation is a little complicated, so here are some summarized details:

1. I have been living in Tokyo since 2017. My current visa is 教育 valid until 2024.
2. I am married to a Japanese national for one year now.
3. Prior to being married, we have been living together since 2019.
4. Technically still employed, but due to health issues, I’ve been receiving government stipend for almost a year now, so I haven’t been receiving my salary.
5. My school/company will close in March 2023 and they are letting go all employees by then. (We are informed accordingly.)

Because of my health condition, I am not sure if I can find a new full-time job to replace my current one. Which is why I think having a spouse visa will offer me more opportunities to do less stressful part-time jobs that suit my lifestyle limitations.

I am contemplating if it’s okay for me to go ahead and apply for a spouse visa before my employer dismisses me. I’m worried that I might be missing something. Or maybe I am just overthinking.

Hoping for your kind advice. Thank you. 😊

4 comments
  1. > I am contemplating if it’s okay for me to go ahead and apply for a spouse visa before my employer dismisses me. I’m worried that I might be missing something. Or maybe I am just overthinking.

    There are no work restrictions placed on the dependents (spouses) of Japanese nationals. As such there is no drawback to apply for a change.

    Though it is not necessarily a downside (given that you can basically do whatever you want as a spouse), do be aware that you may receive a shorter period of stay (i.e. 1 year) than you currently have.

  2. TLDR: how Employable are you? What is your skill set outside of teaching (or even within teaching?). How confident are you that you could get another compulsory school teaching job, or if non-teaching job do you think you have the qualifications to change SOR and work within the scope of your CoAE (https://www.isa.go.jp/en/applications/guide/syuurou.html)

    It’s a tough call.

    Because of (1) you’re likely on a 3/5 year visa? Which enables you to apply for PR after 3 years of marriage, and as mentioned in (2) you’ve already been married for 1 year.

    So you should be able to apply for PR via the marriage route before your current visa expires? (Important variable that. If 3 years of marriage cannot be reached on your current visa then I’d say get spouse visa now whilst still employed)

    But due to (5). If you don’t find a new job, then you can still apply for PR on your current 3/5 year visa (assuming 3 years of marriage before it expires) but less chance of getting it if you’re not employed. (Not impossible by any means, especially via spousal route. but less chance because they like stability as household income)

    But should you then not find a new job before your current visa expires then you’d have to leave Japan/switch onto spouse visa anyway.

    And being unemployed will *likely* have more chance of yielding a 1 year spouse visa (again not impossible for an older unemployed male to get 3/5 year spouse visa. But less likely)

    So do you apply for spouse visa now, whilst still employed giving you a better chance of getting 3/5 year spouse visa?

    Or do you wait it out and remain on your current instructor visa and apply for PR on that after 3 years of marriage regardless if employed or unemployed?

    Additionally, ‘Instructor’ visa is heavily restricted. Limits you to basically teaching at compulsory education schools. Where as if you get on spouse visa now you look way more attractive on paper for other potential employers because there are no SOR hurdles (having to change SOR and risk it getting denied or taking ages due to immigration not deeming you qualified etc) and no CoAE hurdles.

    Additionally, on spouse, you can work “blue collar” jobs (as you mentioned in your OP), but also easily set up your own business, or do remote work for overseas employers/clients. So depending on your “on paper” qualifications (degree) maybe you’d have more chance of getting a not teaching job on a spouse visa too.

    My personal subjective advice would be: IF you’re confident you can get another compulsory school teaching job, then stay on your current instructor visa and apply for PR right away after 3 years of marriage.

    But if you’re not confident you can get another compulsory education teaching job (kinda unlikely as ALTing….) then maybe consider switching to spouse visa now whilst employed and hope for a 3/5 year. But even still 1 year spouse visa is still more useful than 5 year instructor visa. It just means you can’t apply for PR.

  3. Perhaps in your situation it would be a good idea to go for a spouse visa. If you want to, you should start the process ASAP because it can take some time to process, but there are ways to continue living here during the process if you work with immigration.

    I know plenty of people who have simply stayed on work visas because they would have a higher chance of getting long-term visas and thus PR in the end. Typically spouse visas are for 1 year, but that’s up for immigration to decide upon your circumstances. And I’ve also known people who have been on spouse visas, with kids, for years and only got 1 year visas mostly down to their part-time/freelance jobs–they literally took on a full-time job to start working towards PR.

    While spouse visas do allow for general freedom with work, do understand finding work and finding part-time jobs that pay well can be a different story depending on who you are and what jobs you’d look into. If your school is closing down, I’m guessing eikaiwa, and those can be stressful. Perhaps it might be better to find an international school or ALT work in your area as they are less stressful, stay on a work visa, then focus on PR.

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