The other day, I got the inquiry as follows;
I’m a Filipino and a permanent resident here in Japan. When I marry a foreign woman, can I give her a visa here?
I will explain it.
A foreigner who get engaged to marry a Japanese residing in Japan or a foreigner living here and then who is going to marry them after entering Japan does not get automatically the status of Spouse or Child of Japanese National, Dependent, and Spouse or Child of Permanent Resident, because at the time of coming to Japan, they are not spouses of the Japanese or the foreigner.
When you want to come to Japan as someone’s fiancé/fiancée, it is important for you to get the short term stay visa (90 days) .
In this procedure, you should state clearly that you will visit your fiancé/fiancée in Japan to marry him/her at the Japanese Embassy or Consulate of overseas.
There is often the case where you come to Japan without the visa when you are the people of the country that has a treaty on exempting visa requirements between Japan.
However, this would run counter to the spirit of the treaty or agreement.
The original purpose is only applicable to short stay visitor.
After marrying, there is a possibility that they would turn down your request to change to the status of Spouse or Child of Japanese National, or Dependent.
So, it is desirable that you should get the visa for that purpose, even though you are exempted from getting the short term visa.
When you take this procedure and come to Japan, you will get the status of short term.
After coming here and marrying in accordance with law, and then making an application for changing the status of residence, you can get the permission of it.
After marrying with Japanese, you can get the status of Spouse or Child of Japanese National.
After marrying with foreigner residing in Japan, you can get Spouse or Child of Permanent Resident, or Dependent depending on the foreigner.
Solicitor Hitoshi Oishi
Free consultation is available from here.