How to Prove a Harmonious Marital Relationship for Visa Renewal While Separated from Your Japanese Spouse#

For foreign nationals holding a “Spouse or Child of Japanese National” visa, living together with their spouse is, in principle, a fundamental requirement for maintaining their status of residence. The Immigration Services Agency of Japan (ISA) views cohabitation as one of the most critical indicators of the “substance of marriage.”

However, life circumstances sometimes necessitate living apart. Even while separated, if it can be objectively proven that the marital relationship has not broken down and remains “harmonious” (enman), it is entirely possible to successfully renew the visa. This article explains the methods to establish the continuity of a marriage despite separation and outlines key points in the immigration review process.

The Importance of Cohabitation in Spouse Visas#

It is essential to understand the legal premise: if a foreign national fails to engage in activities as a spouse for six months or more without a “justifiable reason,” their status of residence becomes subject to revocation. In the practical operations of the ISA, cohabitation is the primary criterion for judging whether the couple is fulfilling their mutual obligation of cooperation and support.

The mere fact of separation raises suspicions within the Immigration Bureau, such as “Is this a sham marriage?” “Are they in the midst of divorce proceedings?” or “Has the marriage collapsed?” Consequently, renewal applications submitted while separated require far more detailed evidentiary documentation and explanations than those for couples living together.

Cases Where Separation is Deemed to Have a “Rational Reason”#

The ISA accepts separation only when a “rational reason” exists. Reasons such as “we don’t get along” or “I want more freedom” are generally not accepted and significantly increase the risk of denial due to a perceived lack of marital substance.

Generally recognized rational reasons include:

  1. Work Transfer (Tanshin Funin): When a spouse is transferred to a distant location for work, and commuting is impossible.
  2. Care for Parents (Kaigo): When a spouse needs to return to their parents’ home temporarily to provide nursing care.
  3. Children’s Education: When it is necessary to live in a specific location for the sake of a child’s schooling.
  4. Medical Treatment: When long-term hospitalization or treatment at a specific medical facility is required.

Even with these reasons, approval is not automatic. It is necessary to explain logically why the entire family cannot relocate together.

Separation Due to Marital Discord or a “Cooling Off” Period#

The question specifically addresses proving a “harmonious relationship.” This often includes cases where a couple is separated as a “cooling off” period due to temporary discord. This is a highly delicate situation.

If an applicant bluntly states to Immigration, “We are separated because we are fighting,” it may be judged that the marriage lacks stability. This can result in a shorter visa term (e.g., 1 year instead of 3 or 5) or a denial based on the assessment that there is “no prospect of restoring the relationship.”

However, if the separation is temporary and premised on restoring the relationship, the possibility of renewal remains by proving the following:

  • The couple is not in divorce mediation or proceedings.
  • Both parties are continuing discussions aimed at repairing the relationship.
  • There is a concrete plan or prospect for resuming cohabitation in the future.

Concrete Evidence to Prove the Substance of Marriage#

Even while living apart, it is indispensable to prove via objective documents that “mental connections” and “financial connections” are maintained. Verbal explanations alone are insufficient. Submitting the following evidence is strongly recommended:

1. Records of Financial Support (Remittances)#

This is one of the strongest forms of evidence. It proves that the couple shares finances despite living apart.

  • Bank transfer statements: Avoid handing over cash, as it leaves no paper trail.
  • Credit card statements: Usage records of family cards held in the spouse’s name.

2. Records of Communication#

These demonstrate daily interaction and emotional connection.

  • Message history (Screenshots): Logs from LINE, WhatsApp, or other apps. Routine conversations such as “Good morning/night” or sharing photos of children are vital.
  • Call history logs.

3. Facts of Mutual Visits#

This shows that the relationship is not severed and that the couple meets regularly.

  • Receipts for transportation: Shinkansen or flight tickets used to visit each other’s residences.
  • Dated photographs: Snapshots taken together (or with children) during the separation period.

Important Points for the “Statement of Reasons” (Riyusho)#

The most critical document in a renewal application during separation is the “Statement of Reasons” (or written explanation) drafted by the applicant or the Japanese spouse. While there is no official format, the following items must be described in detail and with sincerity:

  1. Background and Reason for Separation: Explain the rational circumstances that necessitated living apart.
  2. Current Living Situation: Explain how living expenses are handled and how frequently the couple meets.
  3. Future Prospects (Timeline for Resuming Cohabitation): Present specific milestones, such as “We plan to resume living together around [Month/Year].” For example, “When my husband’s work transfer ends next April” or “As soon as our discussions for repairing the relationship are concluded.”

Conclusion#

Even if separated, visa renewal is possible if the separation is based on socially acceptable reasons and the reality of interaction and mutual support as a couple continues. The key is to accumulate concrete and objective evidence to dispel the Immigration Services Agency’s suspicions regarding sham marriages or marital breakdown. An attitude of honesty—hiding nothing and clearly explaining the situation and the intent to restore cohabitation—is crucial for gaining the trust of the immigration examiner.


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