De facto marriage and the status of residence


defacto

(Question)

I have been working for more than six months in a Japanese company since I came here.

I have become accustomed living in Japan, so I want to invite my wife here.

Between us, marriage is not formed legally, but in our country, Common-Law marriage is accepted, and we have been together as a married couple for many years.

In our case, is it possible to invite her?

 

 

(Answer)

Are you saying that your marriage is de facto marriage and you can’t submit marriage certificate as a legally married couple?

In Japanese Immigration Control and Refugee Recognition Act, inviting family member will not be accepted unless you can submit legally certified documents.

Therefore, the application is almost all rejected, instead of saying “difficult”.

 

However, we hear that, in European and American countries, to avoid the trouble that comes after divorce, there are many couples not to take the form of marriage legally, and these de facto marriages are no problem socially.

 

In your case, if you can show them the following documents, I suggest you go to Immigration Office to ask about the possibility of getting “Long term” or “Designated Activities”, etc.

 

Legal Basis and documents that prove your partnership;

Living together for many years.

Your partnership is acknowledged by others around you.

The concrete documents that prove your common-law marriage.

There is mother’s name on the birth certificate of your child.

 

 

Thank you.
Solicitor & Immigration Lawyer Hitoshi Oishi

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