I moved to Japan 15 years ago with my Japanese wife and our child, and have been living here on a spousal visa. She recently lost her battle with cancer, and now that she’s gone, I have a number of questions concerning my spousal visa and new visa application.
* 1 Since the expiration date of the spousal visa is 2026, will that visa still be valid till then — despite the fact I no longer have a spouse?
* 2 Otherwise, how much time do I have to apply for a new visa?
My son (who recently turned 18) and I live in the same house we all moved into 15 years ago. We don’t own the house, but the people who do own it, don’t want it and only charge us (as far as I know) for the taxes they pay on it. We also pay a very small fee to the land owner (different from the house owner). So our housing expenses are very low, and therefore affordable on my U.S. Social Security income.
>NOTE: Since immigration policies vary somewhat from region to region, it may be important to know that the office I would go to is for – Miyazaki Prefecture.
* 3 Would it be better if we owned the house?
* 4 Will the Immigration Office take our low housing cost into consideration when deciding my new status?
* 5 Will they give me greater consideration because of the fact of having an independent income and not being a burden on anyone, since I am retired?
In a phone call to them, I was given a list of documents to bring when I go there to apply for a new visa, but was given no information about what my status will be.
* 6 Is there a preferred type of visa I should try to get? Will I be given a choice?
In case anything in the list of documents I was told to bring with me has any bearing on any of my questions here, I’ve listed them below:
* 7 Koseki Transcript (Family Register)
* 8 Photo for application
* 9 Residence Record
* 10 Balance Certificate from a bank (a statement that only shows the current balance in an account)
* 11 Passport
Some of my finances are a bit complicated, as I have 2 bank accounts — 1 here and 1 in the U.S. So the Balance Certificate is something I think I need to decide about, as the Immigration Office did not specify WHICH BANK.
I have a few questions related to that:
* 12 First of all, will the Immigration Office expect the Balance Certificate to be from a JAPANESE bank, or doesn’t it matter?
* 13 Since the account in the U.S. is many times bigger than the one here, would the U.S. account be of greater benefit in helping me make a better impression about my financial circumstances, and therefore get me a better visa, or that I even GET a visa?
* 14 Would the larger account cause potential liabilities for me as an asset which the Japanese government may try to tax in some way?
These are some of the questions I’ve been able to think of so far. But if anyone can point to something I’ve overlooked, please tell me. I have no where else to go. The old house we live in is the least expensive place I’ve ever had, and we are able to get by fairly comfortably on my current income from SS. If I have to go back to the U.S., I don’t know how we are going to survive.
Also, if you are responding to a particular question in this post, please state the number. That will help me understand better what your comment is saying.
Thanks in advance to anyone who takes the time to answer any of my questions.
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28 comments
You should have… applied for PR 5 years ago.. But that’s probably not what you want to hear at this point.
Apparently you need to submit docs of death within 2 weeks, and you have 6 months (rules changed around 2010 or so?) to get a new status of residence figured out. Before the change, you’d have until your visa runs out.
You might be able to use your kid to an advantage and switch to LTR visa based on this.
I’m sorry for your loss.
Unfortunately I don’t know the answer to most of these questions, but I believe for number 6, this is a circumstance in which you would get a Long-Term Resident status of residence. Hope everything works out.
I’m so sorry for your loss. Wish you strength in the coming days.
I’d say go to the city ward and ask them. It’s going to be a long day but they’ll likely have better answers
I’m very sorry for your loss, fellow Kyushu dweller.
It sounds like your situation may not fall within the “etc.” in the “Spouse of Japanese national, etc.” residence status (only spouses and children of Japanese?), but in spirit there should be something suited for your family if you live in Japan with your Japanese son and are supporting him.
Since you are going to talk to Immigration, I think they will help you sort it out. It would be great if someone could share more specific information here, too.
About your overseas account, if it’s just savings and not income I don’t think Japan would tax you for that, so it might be good to include that if you think your finances might look weak for supporting your son while living in Japan.
My best wishes for your son and you.
1. As far as I’m aware, your visa is no longer valid as it fails to meet the required conditions. Please notify immigration as soon as possible.
However, you’re almost guaranteed to get a long-term resident visa based on your current situation, so I wouldn’t be too worried.
2) The general grace period for immigration notifications is 14 days.
3) As long as your name is on the lease for your current residence, then it shouldn’t matter.
4) The answer is always a resounding “maybe.” Financial and residential situations are always taken into consideration.
5) We don’t know. Ask them.
6) Your best option is a long-term resident visa (定住者). Please consider applying for permanent residency, as well. And yes, not only do you have a choice, but *you* must choose which visa to apply for. They won’t choose for you.
7-11) Bring whatever is required for your desired visa.
12-14) I’m not too familiar with how foreign retiree are handled, but any proof of financial stability can’t hurt your chances. But yes, as a tax resident of Japan, you need to pay taxes on all forms of income. If you earn social security in the U.S., for example, then that will be taxed in Japan. I sympathize with how much of a nightmare your taxes are going to be from here on out. Blame the United States for that one.
LTR would be the most likely visa for you.
Sorry for your loss.
I am really sorry for your loss.
Unfortunately, your spouse visa is not valid until 2026. It’s valid for 6 months after the death of your wife.
You also need to notify immigration within 14 days. See this link here: https://www.moj.go.jp/isa/applications/procedures/nyuukokukanri10_00016.html
(It’s proper fucked up as the last thing a widow will want to do is contact immigration about the death of their spouse)
You then have 6 months to sort a new visa. If you don’t qualify for a work visa you might qualify for the long term resident visa. There are a few case studies of approved and denied examples here: https://www.moj.go.jp/isa/content/930002855.pdf
Also if you’ve been here 15 years you will qualify for PR via the 10 year residency route. So you should submit a PR application as soon as you’re ready to start looking into that as I can’t understand the last thing on your mind right now is immigration.
You might want to consult an immigration professional to help you out too.
In terms of validation of capital, I believe you can submit evidence of all assets, so submit both US and Japan bank statements as part of the application. I’ve done this whenever applying for a visa.
I’m so sorry for your loss. My husband’s father passed away leaving my MIL in a similar position (non Japanese). She has a visa tied to the fact her son is Japanese, so please look into thay
Honestly, you should just go talk to someone at the immigration bureau as soon as possible.
Even though a lot of the information in the comments reflects what I have personally read, speaking to people at the immigration bureua is ALWAYS the best option.
If you are late with a form or something, it can really fuck your life up, but if you talk with someone at the immigration bureau before hand, 99 times out of 100 they’ll give you an extension fo some sort.
My first 2-3 years here I was on a 1 year visa, and working two jobs, I never filed a tax return, which lead to me finding out I owed 160,000 yen or so in unpaid tax, and I explained what happened at the immigration office, and they just took down a memo, and said since I gave them a reason they can just write it down and it’s no problem.
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Like, despite all over-exagerrations and horror stories about Japanese government officials, I have had nothing but great experiences (except for a few minor annoyances with the random stop/checks with the local police)
So yeah, just talk to an immigration officer.
Everything I know has been mentioned in other comments. I just wanted to say Im sorry for your loss and hope the process is smooth so you can grieve uninterrupted.
Why not just apply for PR? You have been there more than long enough.
Sorry for the loss. You can apply for Long Term Residence. 定住者. You have to contact directly to immigration for procedures.
You can/should apply for Long Term Residence as soon as possible. Actually, go to the immigration and explain your situation as a top priority. If you have a child and plan to work and support them in Japan you will definitely get LTR. I got it after divorce from a Japanese with no children so it is really a no-brainer in my opinion. Once you get to a three year LTR and have renewed it once you should able to apply to PR. Actually as the immigration if you can apply immediately, they might consider it favorably.
Get an immigration lawyer tomorrow! This is something you shouldn’t have to face alone. They will guide you with the best advice. Alot of companies will only accept your case if they think you have a strong case of acquiring your visa. Get on it and my condolences.
Regarding 13, i’m wondering how big is the amount in the US, and if big enough, did you notify the Japanese government about it? Also if the money is invested in stocks, have you been paying taxes on the dividends and any capital gains?
Of course you can use this money to help bolster your case about not being a burden, but be careful if you have tax evasion problems as a result.
The way you phrased it, sounds like you have some significant amount of money in the US, and it also sounds like you haven’t paid any taxes on it here in Japan
actually, the so called “spousal” visa is not only spousal as it is “nihonjin hauguusha TOU”
that “TOU” part can be a ground to keep it valid since you have a son in japan
I’m so sorry for your loss.
6. You should be able to apply for permanent resident. I only know details for Kitakami, but the local international center or immigration office should be able to help if you show up with a death certificate.
Again, I’m so sorry for your and your son’s loss. Good luck
Get an immigration lawyer, you have other stuff to deal with than paperwork and immigration at this point.
Sorry to hear it bud. Best of luck to you.
What’s the practical difference in rights between an 永住者 and a 定住者? Does one have advantages over the other?
That kind of service they will do everything for you, including going to the immigration office to submit forms. I paid around 140,000 and didn’t have to lift a finger (apart from when I had to sign stuff).
No advice but so sorry for your loss
Sorry for your loss. Stay strong.
I mean this sincerely but you need to talk to your local immigration office not asking on here. Ask
What paperwork you need to confirm death and go from there. Perhaps have your in-laws help as well?
Other option is to talk to an immigration lawyer and seek your options. First consultation should be free.
Good luck and sorry for your loss.
First of all I’m sorry for your loss. I don’t understand why you don’t have a permanent residence because once you’re eligible for it they’ll just tell you should get one at the immigration office. That would’ve been years ago in your case.
Just to edit one part of your post.
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7.Kojiki
You mean koseki. Kojiki is something completely different. Regardless, I hope you sort things out. Along with what other people have posted here, if your children are Japanese there is also a visa for that. How long you get depends.
I’m really sorry for your loss.
Your embassy/consulate should be able to guide you through all this.
You will still likely need support to navigate the procedures, so I’d recommend you get an immigration lawyer asap as well.
I don’t think your current visa will remain valid. As others have pointed out, you likely have 14 days to signal the change to the immigration. No matter, do not wait to 1) contact your embassy 2) Contact immigration 3) get a lawyer.
All the best to you and your son,