Conflicting advice from immigration lawyers around PR

I know this kind of stuff is usually reserved for immigration lawyers, but hear me out…

I believe I’m technically eligible for PR via the spousal route, as of earlier this month (married to a Japanese national for over 3 years, lived in Japan for over 1 year continuously, got a brand spanking new 5 year work visa a few months back).

I recently enquired about PR application with 2 different immigration law firms, and received conflicting info from both. One told me that I would need to convert to a spouse visa before I’m able to apply for PR, and the other told me that this is not a requirement.

Does anyone have any further insight/anecdotal stories on this one, please? I’m very confused right now. I can’t see this mentioned specifically on the MOFA website in the requirements, unless I’m missing something obvious, or it’s just implied?

6 comments
  1. Not a requirement to convert to spouse. You can qualify for PR as if you had a spouse SOR on a 5 year work visa.

  2. My understanding:

    You do not need to convert to a spouse status. Your **eligibility** for PR is not based on your current status, but based on meeting the conditions (1 year resident, 3 years married).

    However, your application *is* based on your status, so you’ll follow the [work status](https://www.moj.go.jp/isa/applications/procedures/zairyu_eijyu03.html) application instructions rather than the [spousal status](https://www.moj.go.jp/isa/applications/procedures/zairyu_eijyu01.html) application instructions.

    Edit: [Top voted comment](https://www.reddit.com/r/japanlife/comments/7qh05e/applying_for_permanent_residence_as_a_spouse/) is someone in your situation that did as I stated above.

  3. It’s not required to be on a spouse visa when applying via the spousal route. At least it not mentioned in the guidelines anyway.

    Your wife (edit: sorry, your Japanese spouse… you didn’t mention if husband or wife in your OP) is residing with you in Japan and on the same juminhyo though, right? As that will be a requirement of applying via the spousal route.

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