How can I switch from a spouse visa to a work visa? Are there any work restrictions on spouse visas?
Posted: May 2024, 8
If you have a spouse visa and you get divorced, you may need to switch from your spouse visa to a work visa.
Also, are there any restrictions on employment for those who have a spouse visa or their spouse?
In this article, we will take a closer look at switching from a spouse visa to a work visa and the employment restrictions on spouse visas.
What is a Spouse Visa?
A spouse visa is a visa that can be obtained by a foreign national legally residing in Japan who is married to a Japanese national or a person with permanent resident status in Japan.
Spouse visa holders are permitted to work and study in Japan, but must renew their visa periodically.
Main conditions for applying for a spouse visa
In order to obtain a spouse visa, you must first prove that you are in a legal marriage.
This requires the preparation of documents such as a marriage notification form, a copy of your family register, and a certificate of eligibility to marry.
In the case of an international marriage, you may also be asked for documentation proving that the marriage is legal in both countries.
Next, you will need documents showing that you are financially independent and can live in Japan.
You will be required to submit documents such as a resident tax assessment certificate and a tax payment certificate for the past two years, as well as a certificate of employment issued by your employer.
These documents must be prepared by your spouse who resides in Japan.
Status of residence for foreign spouses who have obtained a work visa
If a married foreigner obtains a work visa in Japan, their spouse can obtain a "family stay" status of residence if they accompany them to Japan.
This "family stay" visa places restrictions on the spouse's employment, allowing them to work no more than 28 hours a week.
Restrictions on employment on spouse visas
Foreigners who hold a spouse visa in Japan can work without any special work restrictions.
Regarding working styles, various types of employment are permitted, including full-time, part-time, and casual work.
There is no upper limit on income, so you can earn as much as you like.
You are also permitted to work as a self-employed or freelancer, but you must properly complete the necessary tax and social insurance procedures.
Spouse visa holders also have many work opportunities, but are prohibited from engaging in illegal activities.
Important points to note when renewing your spouse visa
Spouse visa renewal applications can be made up to three months prior to the expiration date of your stay.
You must complete the renewal procedure before the expiration date of your visa, and if your visa is approved, your period of stay will be set to either 6 months, 1 year, 3 years, or 5 years.
In order to renew your visa, you will need to have enough income to support your household.
Specific income figures have not been made public, but as a guideline, annual household income is said to be between 240 million and 300 million yen.
However, if you can prove that you can maintain a married life because your parents are wealthy, for example, you may be able to renew your visa even if your annual income is below this guideline.
How to switch from a spouse visa to a working visa
A spouse visa is a residence status based on your marriage relationship with your spouse.
If your marriage ends due to divorce or the death of your spouse, you will need to switch to a work visa in order to continue working in Japan.
There are various types of work visas in Japan.
For example, there are technical/humanities/international services visas, skilled worker visas, and specific skills visas.
You need to choose an appropriate visa depending on your job type, qualifications, and working situation.
To switch from a spouse visa to a work visa, you will need to apply for permission to change your status of residence.
Required documents include an "Application for Permission to Change Residence Status" and "Documents Proving Nationality."
In addition, you will also need "documents specific to your activities in Japan" to meet the specific conditions and qualifications required for the work visa.
Applications are made at the nearest regional immigration office.
Once your application is submitted, it will be reviewed and, if approved, you will be issued with a new work visa.
Final thoughts
There are no particular restrictions regarding working in Japan on a spouse visa.
However, it may be better to get professional help when it comes to obtaining or renewing a visa.
Support Administrative Scriveners Corporation supports spouse visa applications and renewals.
The first consultation is free.
