Hello, this is Kou of IMS Legal Professional Corporation. Starting October 1, 2021, special measures for those with vaccination passports (vaccination certificates) will finally be effective in Japan. With a valid vaccination passport (vaccination certificate), the quarantine period after entering Japan will be shortened, depending on the type of the vaccine and the country/region you are entering from.
For more details, please check the Ministry of Health, Labour, and Welfare’s webpage. https://www.mhlw.go.jp/content/000836955.pdf
International Status of Same-Sex Marriage
On September 26, 2021, a national referendum to allow same-sex marriage in Switzerland was approved with 64.1% voter support. Under the new, amended law, same-sex marriage will officially be approved.
Same-sex marriage was first legally approved in Holland, in 2001, and it has been legalized in 29 countries/regions so far. In Asia, Taiwan is the only country that approves same-sex marriage, legalized in 2019.
In this blog, I will explain the status of residence needed for a spouse of a same-sex marriage to reside in Japan.
Same-Sex Marriage in Japan
Normally, a foreign national married to a Japanese national can be given one of the following visas:
- Spouse of Japanese National
- Dependent
- Spouse of Permanent Resident
- Long-Term Resident
However, since same-sex marriage is not legal in Japan, these statuses cannot be permitted unless it is a legalized, heterosexual marriage. Common-law wife/husband status is not applicable as well.
So then, for a foreign national to accompany his/her spouse of a same-sex marriage who is working in Japan, what kind of status of residence will apply? Actually, there is no status of residence that officially applies to such situation yet.
However, in October 2013, after the law for same-sex marriage was enforced in France in May of the same year, the Ministry of Justice issued a notification:
“Regarding those who had a same-sex marriage in their home county, from a humanitarian perspective, in order for them to lead stable lives in Japan in a manner similar to their home countries, in general, the spouse of a same-sex marriage is permitted to enter/reside in Japan with the Designated Activities status of residence.”
Following the release of the official notice, the status of residence “Designated Activities” was granted by the Immigration Services Agency.
Also, according to a May 17, 2021 Yomiuri Shimbun article,
The government is considering granting residency status to same-sex foreign spouses whose marriage to Japanese nationals has been recognized overseas. The government is looking into granting the “designated activities” status of residence to foreign nationals upon their Japanese partner’s return to Japan.
What is the Designated Activities Visa?
The “Designated Activities” status of residence acts as a catch-all for activities that are not applicable for the other statuses. “It is allows foreign nationals to engage in activities designated by the Minister of Justice.” Also, there are activities that are both notified (dozens of types) and not notified beforehand by the Ministry of Justice.
Therefore, because there is no official status of residence for the spouse of same-sex marriage, the “Designated Activities,” the activity not notified beforehand, will be given, the activity will be designated by the Minister of Justice from a humanitarian perspective.
However, regarding “Designated Activities” applications, both notified and unnotified, not all of the required documents are officially announced. Also, for applying for unnotified activities, such as spouse of same-sex marriage, consideration from a humanitarian perspective is required, making it extremely difficult to be permitted. As above, the “Designated Activities” status is granted to the same-sex foreign spouses, but as the number of countries/regions legally recognizing same-sex marriage is increasing, the Japanese government will need to push forward the legislation in order for those people to stay in Japan.
For more information, please contact us below ↓
https://imsvisa.support/en/contact/
