Risks of Permanent Residency Rejection Due to Bigamous Remarriage Without Finalized Divorce in Home Country#

In the context of international marriage procedures, significant discrepancies can sometimes arise between the legal status in an individual’s home country and their status in Japan. One of the most critical issues is “bigamous remarriage”—a situation where a foreign national marries a Japanese national (or another foreign resident) in Japan while their divorce from a previous spouse has not yet been legally finalized in their home country.

While the marriage may appear valid on a Japanese family register, this state of legal limbo poses a severe risk when applying for Permanent Residency (PR) in Japan. The Immigration Services Agency of Japan evaluates applications based on strict legal compliance and substantive validity, not merely on the existence of a marriage certificate.

This article provides an objective analysis of why bigamous remarriage is grounds for PR rejection and explains the legal mechanisms behind these immigration decisions.

The Legal Definition of Bigamy in Japan and International Law#

Under Article 732 of the Civil Code of Japan, bigamy is explicitly prohibited: “A person who has a spouse may not effect an additional marriage.” Furthermore, under the “Act on General Rules for Application of Laws,” the substantive requirements for marriage (such as being of age and being single) are determined by the laws of each party’s home country.

Consequently, for a marriage to be valid in Japan, the foreign national must legally be single under their home country’s laws.

The Administrative Gap#

In practice, Japanese municipal offices (City Halls) generally require a “Certificate of Legal Capacity to Contract Marriage” issued by the foreigner’s embassy to verify their single status. However, there are rare instances where:

A foreigner provides an affidavit claiming to be single because they cannot obtain documents, and the municipality accepts it.
A divorce decree exists but has not been recognized or registered in the home country’s vital statistics system, leaving the individual legally married in their home country.

If a Japanese marriage notification is accepted under these circumstances, the individual becomes “married” in the Japanese family register (Koseki) while remaining “married to a different person” in their home country. This constitutes bigamy.

Conflict with Permanent Residency Requirements#

The guidelines for Permanent Residence permit set forth three core criteria:

Good Conduct Requirement: The applicant observes Japanese laws and leads a daily life as a good citizen.
Independent Assets/Skills Requirement: The applicant has sufficient assets or skills to earn an independent living.
National Interest Requirement: The applicant’s permanent residence is deemed to be in the interests of Japan.

Bigamy creates a direct conflict with the “Good Conduct” and “National Interest” requirements.

Violation of Good Conduct#

Since bigamy is a prohibited act under the Japanese Civil Code and is considered contrary to public order and morals, an applicant in a bigamous state is generally judged as failing the “Good Conduct” requirement. The Immigration Bureau views adherence to the law as a fundamental baseline for PR. Willfully or negligently maintaining a bigamous status suggests a disregard for Japan’s legal system.

The “Substance of Marriage” Principle#

Immigration scrutiny focuses on substance over form. When a foreign national applies for PR based on their status as a “Spouse of a Japanese National,” the foundation of that status is a legally valid marriage.

If the marriage is bigamous, it is legally voidable or void. Therefore, the Immigration Services Agency may determine that the applicant does not truly possess the legal status of a “spouse” required for the application. If the underlying status of residence is deemed legally flawed, the application for Permanent Residence—which is built upon that status—will inevitably be rejected.

The Rigor of Immigration Inspections#

During the PR examination process, immigration officials have the authority to request various documents. While a marriage certificate from the home country is not always mandatory for the initial submission, discrepancies often come to light during background checks or when specific documents are requested to verify family relationships.

If it is discovered that the applicant is still married to a former spouse in their home country, the consequences are severe:

Rejection of PR: The application will be denied due to the violation of law and lack of eligibility.
Risk to Current Status: The legitimacy of the current visa (Status of Residence) may be questioned. If the current visa was granted based on a marriage that is now revealed to be bigamous, there is a risk of revocation or denial of future extensions.
Allegations of Falsehood: If the applicant knowingly concealed the previous marriage, it could be constituted as falsifying an application, leading to stricter penalties.

Necessary Corrective Measures#

For those in this situation, applying for Permanent Residency should not be the immediate step. The priority must be to rectify the legal status of the relationships.

Finalize the Divorce: The divorce from the previous spouse must be legally finalized in the home country in accordance with local laws. This may involve court proceedings.
Rectify the Japanese Record: If the divorce date in the home country ends up being after the date of the remarriage in Japan, the Japanese marriage was technically invalid at the time it was registered. It may be necessary to correct the family register (Koseki) or undergo procedures to validate the marriage retroactively, depending on complex legal provisions.

Only after the marriage is valid under both Japanese law and the applicant’s home country law—creating a “clean” legal status—can an application for Permanent Residency be realistically considered.

Conclusion#

A “bigamous remarriage,” where a foreigner marries in Japan without finalizing a divorce in their home country, presents a nearly insurmountable barrier to obtaining Permanent Residency. The Japanese Immigration Services Agency strictly interprets the “Good Conduct” and “National Interest” requirements, and a marriage that violates the Civil Code’s prohibition on bigamy fails these tests.

Possessing a Japanese marriage certificate is not enough to guarantee immigration approval. Ensuring that all family relationships are legally resolved and consistent across both countries is the essential prerequisite for a successful Permanent Residency application.