Hello all! I am a foreigner living in Japan that currently has the the Engineer/Specialist in humanities visa. My partner (also a foreigner, but from a different country) is on a student visa that will expire this spring. We are a same sex couple and considering getting married. Before we do so, we would like to consult with a lawyer on how this could affect her visa status. I have already reached out to the [Lawyers for LGBT & Allies Network](http://llanjapan.org/) for guidance, but I thought asking around reddit might be a good idea while I await their reply.
For a bit more context:
We are both from countries where same-sex marriage is legal. Based on my research, she would be eligible for a “designated activities” visa if we get married. However, it seems that this visa type is one of the more difficult ones to obtain and can take quite a bit of time. Here are some of the questions I am planning on bringing to the lawyer. If anyone has a similar experience and could share their wisdom, I’d greatly apprecite it.
1. How likely is my partner to obtain the designated activities visa once we are married?
2. If her student visa expires while we are doing all the marriage paperwork/application for the designated activites visa, would she still be able to stay in the country so long as she is actively job hunting? She told me that she could apply for a 6 month grace period once she graduates school and I want to make sure that she can remain in Japan.
3. My country’s consulate does not perform marriages abroad, however hers does. Do we need both of our countries to facilitate the marriage, or would just hers be enough to make it valid?
3 comments
Japan does not recognize same-sex marriage, no lawyer is going to help you out of this one.
somewhat related source: https://edition.cnn.com/2022/11/30/asia/japan-same-sex-marriage-ban-tokyo-court-intl-hnk/index.html
My Japanese husband and I have a legal marriage from the US but the Japanese government refuses to recognize it so we have no legal rights as a couple in Japan. I had to find long-term employment that allowed me to get PR in order for us to be able stay together in Japan. Gay couples with legal marriages from other countries are treated merely as unrelated people by the Japanese government.
I’ve never done this process personally but this is something I’ve looked into a fair bit. First, I recommend going to the Stonewall Japan Facebook group. Lots of couples have posted their experiences over there and will answer your questions.
1. The likelihood of your partner getting the designated activities visa will partially depend on your income. It needs to be enough to support two people.
2. Look into [Designated Activities 9](https://www.isa.go.jp/en/applications/procedures/zairyu_henko10_21_10.html) visa. It may apply to your partner’s situation. Otherwise, your partner could probably get a tourist visa.
If your partner does get the designated activities visa, she is not permitted to work (from my understanding). But she can apply for a part-time work permit.
3. Since you are both from different countries, they may ask for documentation that the marriage is registered in both countries. If that’s not possible, you’ll need to get a letter from your embassy.
Getting a lawyer is the best way to go about this! You are definitely on the right track.
Edit: Typos