Support Obligations and Declaration for Recognized Children Born Out of Wedlock in Home Country#

It is not uncommon for foreign nationals living in Japan to have a “recognized child born out of wedlock” (a child born to an unmarried partner whom the parent has legally acknowledged) residing in their home country. Often, applicants may think, “This child is not coming to Japan, so it is irrelevant to the Immigration Services Agency,” and consequently fail to list the child on application forms or neglect support obligations.

However, under the Japanese immigration system, the truthful declaration of family relationships and the fulfillment of support obligations are critical criteria for examination. This is particularly true for applications for Permanent Residence (Eiju) or Naturalization (Kika), where these facts can significantly influence the outcome.

This article provides an objective explanation regarding the importance of declaring recognized children living in your home country, the concept of support obligations, and the correlation with tax dependency deductions.

Duty to Declare Family Composition in Immigration Applications#

One of the most important principles in applying to the Immigration Services Agency (ISA) is “truthfulness.” Application forms for Extension of Period of Stay or Permanent Residence include sections for listing family composition.

Legal Parent-Child Relationship via “Cognition” (Ninchi)#

Legally, even if a child is born between unmarried parents, a legal parent-child relationship is established once the father performs “recognition” (or cognition/acknowledgment). Therefore, if you have recognized a child in your home country, that child is treated as your legal child under Japanese immigration review standards.

Risks of False Declaration#

If you conceal the existence of a recognized child in your immigration application documents and declare “no children,” you risk being accused of filing a “false declaration.” The ISA has the authority to verify public documents from your home country and strictly checks for consistency with past applications.

If the existence of the child is discovered later—perhaps during a future Permanent Residence application or if you later decide to bring the child to Japan—the discrepancy implies that your previous applications were untruthful. This can lead to the revocation of your current residence status or the denial of future applications. Even if you have no intention of bringing the child to Japan, you must list them honestly in the family composition section.

Support Obligations and the “Good Conduct” Requirement#

The scrutiny of family responsibilities is particularly rigorous during applications for Permanent Residence or Naturalization. These applications require the applicant to meet the “Good Conduct Requirement” (Soko-yoken), which assesses whether the applicant abides by the law and leads a socially acceptable life.

Parental Responsibility#

When a legal parent-child relationship exists through recognition, the parent incurs a legal obligation to support that child. Even if the child lives in the home country and is raised by the mother or grandparents, the ISA may question whether the father in Japan is providing economic support (such as child support payments).

If it is determined that an applicant has sufficient income but neglects to provide financial support to their own child without a justifiable reason, the applicant may be deemed as “failing to fulfill parental duties.” Consequently, this can lead to a rejection of the application on the grounds that the applicant does not meet the requirements for good conduct.

Importance of Remittance Records#

In immigration procedures, verbal claims such as “I handed over cash when I visited” or “I gave money to a relative to pass on” hold very little evidentiary weight. If you are paying child support, it is essential to use banks or authorized money transfer services to create an official “Remittance Record.” These records serve as objective proof of your support.

Consistency with Tax Dependency Deductions#

Immigration reviews also strictly check the payment status of Residence Tax and Income Tax. A common issue arises regarding “dependency deductions” (Fuyo-kujo) for relatives living overseas.

Proper Declaration of Tax Dependents#

To legally claim a child in your home country as a tax dependent for tax reduction purposes, you must prove that you are actually remitting funds for their living or educational expenses. If you have recognized a child but are not providing financial aid, yet still claim them as a dependent on your tax forms to reduce taxes, this may be viewed as tax evasion or fraud.

Conversely, if you are sending child support but fail to claim the tax deduction (perhaps because the paperwork is cumbersome), your taxable income will appear higher, but your disposable income on the taxation certificate may appear lower than it actually is. This could potentially be disadvantageous when assessing the “livelihood requirement” (financial stability).

Contradictions Between Immigration and Tax Declarations#

Applicants must avoid contradictions between their statements to the ISA and their declarations to the Tax Office. Common pitfalls include:

• Claiming a child as a dependent on tax forms to receive a deduction, but failing to list the child on immigration application forms.
• Claiming to the ISA that “I support my child” to prove good conduct, but having absolutely no remittance records to back this up.

Such inconsistencies generate distrust among immigration examiners and are direct causes for prolonged reviews or denial of applications.

Conclusion#

If you have a recognized child born out of wedlock residing in your home country, please be mindful of the following points:

1. Honest Declaration: Always list the child in the family section of application forms, regardless of whether they will come to Japan.
2. Proof of Support: Fulfill your parental responsibility by making appropriate child support payments and retaining objective evidence (remittance records).
3. Consistency: Ensure that the information provided to the Immigration Services Agency matches your tax filings.

The Japanese immigration system places a high value on the integrity of the applicant. Even if your family situation is complex, hiding facts is never the solution. Fulfilling your legal obligations and proving them with objective documentation is the surest path to maintaining a stable and long-term status of residence in Japan.