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  • fuckedgaijin ‹ General ‹ Visas

1 then 5 then permanent for spouse visa?

Working visas, student visas, tourist visas, working holiday visas, marriage visas, child and spouse visas, re-entry permits, alien registration, gaijin cards, zairyu cards, permanent residency and all other immigration concerns.
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Postby Taro Toporific » Wed Jun 27, 2007 4:26 pm

momotobananaoishii wrote:...
Are there any things a person can do to better their chances for a longer term visa the second time around? i.e. record of volunteering or get my gf pregnant? ...


To better your chances for a longer term visa (ranking):
1st: Be married with a Japanese and have kids.
tied for 1st: Apply at Immigration during the waxing phase of the moon while the 11-year sunspot cycle is at its active apex.
2nd: Own a house.
tied for 2nd: Work for a major corporation, own a successful business in Japan, or be obscenely wealthy.
3rd: Speak Japanese very well and fill out all your Immigration forms in great kanji but that has a believable gaijin-made look to it.
tied for 3rd: Hire a good Immigration lawyer. (Don't ask me for suggestions.)
4th but maybe tied for first: Look good. Be smart. Have a degree.
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1 then 5 then permanent for spouse visa?

Postby momotobananaoishii » Wed Jun 27, 2007 4:27 pm

There is talk of it becoming easier for spouses to get permanent residence status in the future and things like a new chip in the alien card etc.

I just got my first spouse visa which is good for one year. We don't have any children so I expected the short term visa. The next visa is three or five depending on what mood the officer happens to be in that day right? After that it's most likely permanent?

I was reading a while back that some people got lucky with the amount of years their visas were issued for because they were able to strike a rapport with certain officers whenever they visited the immigration office but that doesn't make sense because when you go to the immigration office you hand in your forms and they process your application when you're not there. Then they send you a notice in the mail telling you when you can pick up your visa. There's no chance to butter anyone up as far as I've seen.

It seems as though the length of time they give you on your visa is merely up to the officer's mood and whether or not you are married, married with children or simply have a working visa. Right?

Are there any things a person can do to better their chances for a longer term visa the second time around? i.e. record of volunteering or get my gf (oops, wife) pregnant? :rolleyes:

Btw, on my first visit to immigration the clerk who checks that everything is filled out correctly told me that your desired period of stay is either one or three years for the first visa . If they give three year visas to some people why didn't I get the three years I requested? I feel like I got totally ripped off.


Thanks
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Postby momotobananaoishii » Wed Jun 27, 2007 4:38 pm

What the heck. How did you get your post above mine?

Anyway thanks for the advice.

Aside from the "ranking system", what is the usual sequence of years issued on a spouse visa for a regular married couple with regular income and jobs without children? 1, (3 or 5), then permanent?
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Postby 6810 » Wed Jun 27, 2007 4:44 pm

I wasn't aware that there was a 5 year visa
This!
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Postby omae mona » Wed Jun 27, 2007 4:47 pm

momotobananaoishii wrote: The next visa is three or five depending on what mood the officer happens to be in that day right? After that it's most likely permanent?

I wasn't aware that there were 5-year spouse visa extensions. I had only heard of 3-year visas. Have you heard otherwise? I might just have out-of-date info.

But if you are applying for a spouse visa renewal, it will definitely not be permanent whether it's your 2nd, 3rd, or 4th renewal. The permanent residence status an entirely different application procedure. I have heard of immigration staff suggesting "hey, why don't you apply for permanent residence instead of renewing your spouse visa?" but if you apply for one, they won't spontaneously grant the other.
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Postby CrankyBastard » Wed Jun 27, 2007 5:05 pm

When I applied for the Pavement Resident visa many moons ago, it was before I got married and in one of the begging letters to 'whom it may concern' I wrote that getting married was one of my reasons for the request.
I just checked the date I got the visa in 1970 ten months before my then work visa was to expire.
I guess things have changed since .:confused:
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Postby momotobananaoishii » Wed Jun 27, 2007 5:06 pm

omae mona wrote:I wasn't aware that there were 5-year spouse visa extensions. I had only heard of 3-year visas. Have you heard otherwise? I might just have out-of-date info.

But if you are applying for a spouse visa renewal, it will definitely not be permanent whether it's your 2nd, 3rd, or 4th renewal. The permanent residence status an entirely different application procedure. I have heard of immigration staff suggesting "hey, why don't you apply for permanent residence instead of renewing your spouse visa?" but if you apply for one, they won't spontaneously grant the other.
sou desu ka....omoshiroi. For some reason I thought there was a 5 year visa. Guess I was mistaken. If someone never applied for their permanent status but was married and kept renewing their spouse visa I wonder if they would keep increasing the amount of years the spouse visa was good for?

I guess that is what the guy I read about was talking about. He buttered up some office he went to, they liked him and processed his permanent status pretty fast.

So after the one year, it's usually two 3 year spouse visas?
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Postby Taro Toporific » Wed Jun 27, 2007 5:10 pm

momotobananaoishii wrote:What the heck. How did you get your post above mine?

I'm a time lord.


Aside from the "ranking system", what is the usual sequence of years issued on a spouse visa for a regular married couple with regular income and jobs without children? 1, (3 or 5), then year?

The usual sequence of years for a DINK couple is a 1-, 3-, and another 3-year spouse visa. After that, applying for a permanent visa is possible.

Some rich couples without kids get a 3-year spouse visa on their first try. The magic number is Five -- If you have spent more than 5 years here, a permanent visa is "possible." As Omae Mona has mentioned, renewing a spouse visa is easy, but a permanent visa requires all new and additional documentation---the granting of it is not at all guaranteed.
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Postby momotobananaoishii » Wed Jun 27, 2007 5:32 pm

Taro Toporific wrote:Some rich couples without kids get a 3-year spouse visa on their first try.
How is this possible? I mean what documentation are they showing? Why would it be an additional 2 years if you're rich? Why not 5? Seems very odd.

If you have permanent status please post your permanent status application experience here.
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Postby steeny » Thu Aug 09, 2007 5:57 pm

immigration now hands out permanent resident visas if you apply when on a 3-year spouse visa (even if you're only like a year into it).

Total amount of time in J-land doesn't seem to matter, only that you apply when having a 3 year.

If you have a 5 year spouse visa, you should check that it is for Japan. You are probably in the wrong country.
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Postby baka tono » Fri Aug 10, 2007 2:07 am

Permanent residency can be applied for after five years of marriage. How long each spouse visa was wont matter. Most people who have spouse visas that I know got three year ones from the start but it could depend on the immigration office. My friends reported higher success in getting three year spouse visas and even permanent residency when they took their J spouse with them. It also helps if you are white and from a Western country if you arent expect to wait twice as long to get anything issued.
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Postby FG Lurker » Fri Aug 10, 2007 9:40 am

1) As mentioned by some previous posters, there is no such thing as a 5 year spouse visa at the current time. Spouse visas are either 1 year or 3 years. Don't take my word for it though, scroll down to the bottom of this MOFA page to see the "Spouse or Child of Japanese National" visa.

2) There is no hard-and-fast rule about when you can (successfully) apply for Permanent Residence. For average smucks (ie 99.9% of the population) you need to live here for at least FIVE YEARS. Being married helps. Making "contributions to Japan" (typically vague) helps. Having lots of $$$ and/or owning one or more properties likely helps too. If you are not married and not particularly noteworthy in some way then waiting longer to apply is a good idea (10 years is a number that is often mentioned). Here is a MOJ page that talks about PR. They have 40 examples up there showing people who did and did not get PR.

A side note based on what I have seen in my 13 years here: Applying for PR too early is not a good thing. Once you have been rejected for it once it can be very difficult to get approved further down the line.
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Postby steeny » Fri Aug 10, 2007 10:37 am

FG Lurker wrote:For average smucks (ie 99.9% of the population) you need to live here for at least FIVE YEARS.

They are getting more flexible now. Maybe a population decline panic.
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Postby Greji » Fri Aug 10, 2007 10:40 am

FG Lurker wrote:1) As mentioned by some previous posters, there is no such thing as a 5 year spouse visa at the current time. Spouse visas are either 1 year or 3 years. Don't take my word for it though, scroll down to the bottom of this MOFA page to see the "Spouse or Child of Japanese National" visa.

2) There is no hard-and-fast rule about when you can (successfully) apply for Permanent Residence. For average smucks (ie 99.9% of the population) you need to live here for at least FIVE YEARS. Being married helps. Making "contributions to Japan" (typically vague) helps. Having lots of $$$ and/or owning one or more properties likely helps too. If you are not married and not particularly noteworthy in some way then waiting longer to apply is a good idea (10 years is a number that is often mentioned). Here is a MOJ page that talks about PR. They have 40 examples up there showing people who did and did not get PR.

A side note based on what I have seen in my 13 years here: Applying for PR too early is not a good thing. Once you have been rejected for it once it can be very difficult to get approved further down the line.


Lurk pretty well somes it up. I would add that an early application may not be bad. But, you will definately be need to be married to a local rice cooker and the bigger or more renown that your company is (preferably a Japanese company, or government entity), at least in the J-peoples view, the better your chances. Otherwise, it would be better to wait until your next visa is due for processing. The waiting period for approval of PR is always given as six months and although it can be shorter, you should use that figure for your time frame for application purposes. A rejection can be viewed as cause to nit-pick on you subsequent application. Also, years ago, the FGs always said on the rumur mill that you had to wait at least 10 years for PR. At least the scuttlebutt now has it down to five years!
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Postby momotobananaoishii » Fri Aug 10, 2007 11:24 am

steeny wrote:immigration now hands out permanent resident visas if you apply when on a 3-year spouse visa (even if you're only like a year into it).

Total amount of time in J-land doesn't seem to matter, only that you apply when having a 3 year.

If you have a 5 year spouse visa, you should check that it is for Japan. You are probably in the wrong country.
Really now? Wow. But obviously those are going to married or wealthy individuals yeah? And I'm sure even the married individuals have to have some other substantial reason for the PR such as kids or like we said a successful company.

I don't think they would give out a PR to someone in their first year of a three year spouse visa if they didn't have kids and worked some regular job. Would they? Have they?


Actually a couple more questions.

1. If you have a spouse visa then divorce and remarry to a J Nat do you have start from the beginning again and reapply for a brand new spouse visa when the previous visa expires? OR can you just fill out the application to extend your current visa when it expires?

2. If you don't have any kids or combined assets is it straight forward to divorce by yourself without your spouse's input? I heard you can fill out the paper work by yourself and wait 6 months to be able to legally marry again. You don't need to beg and plead for your spouse to approve the rikkon do you?

Thanks
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Postby omae mona » Fri Aug 10, 2007 4:52 pm

I have heard rumor along the lines of what steeny is saying. Namely, that suddenly in the last year or two, PR requirements have been loosened a bit (e.g. 3 years residence while married, instead of 5). And furthermore, the J-Immigration folks are much more open about discussing exactly what those requirements are. It sounds like they've become more systematic about it.
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Postby Phoenix_stu » Fri Aug 10, 2007 5:01 pm

Well, when I first arrived and got married, I applied right off the bat for a 3yr. visa and to my surprise, one week later, I received my post card to come and pick it up. Maybe 6months or so ago, I applied for my second three year visa and once again, one week later, here came the the post card again.
I have been told by several people that after 5years I should be able to apply for PR. I think I will give it a try in a few months around the beginning of my 5th year here.
I can post my outcome.
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Postby Oradea » Fri Aug 10, 2007 8:04 pm

Right off the boat i got a 3 year visa, then another, and im well into my third now. I`m married to a J girl, but havent bothered my ass applying for a spousal visa.

Having been here 8 years, married 2 years, and working for first an eikaiwa, then a big well known, but not too big j company, and now a multi international firm. Caucasian, British, no kids......Should I apply for a 3 year spousal or just go straight for PR?

I am going to say that what lurker said about the initial app for PR getting turned down leads to the next being more thoroughly checked worries me, I reckon that sounds about right.
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Postby omae mona » Fri Aug 10, 2007 9:42 pm

Oradea wrote:Having been here 8 years, married 2 years, and working for first an eikaiwa, then a big well known, but not too big j company, and now a multi international firm. Caucasian, British, no kids......Should I apply for a 3 year spousal or just go straight for PR?

This ain't legal advice, but, my guess would be they won't grant you PR. You should ask them, though. In my experience they are pretty good about telling you via telephone whether it's worth applying or not.

But anyway, anecdotally I've heard that normally 10 years is the minimum, but they may grant to somebody married to a citizen earlier. The earliest I've heard is 3 years, so I bet 2 years is pushing it. I have a hunch that *not* being on a spouse visa also works against you. You might want to think about switching and being on a spouse visa for a year before applying (that will take you over the 3-year marriage mark anyway).
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Postby gomichild » Sat Aug 11, 2007 12:52 am

The first thing you need to do is check that it is a good luck day for your birth year.

Then to be doubly sure, cross reference with your horoscope.

After you've chosen the best day according to these you must visit your local temple three times making appropriate money donations.

Your next step is to find out all you can about the immigration people that will be handling your case. Make sure to note the cycles of the women, and the sexual activity of the males. You need these to align with your previously chosen dates.

Make sure that you have every document that could possibly be necessary for the application. This may include pictures of you with Japanese people and doing Japanese things. Make sure at least 2 pictures feature you in Japanese traditional dress. Extra points may be gained for taiko or ikebana.

You will of course not be able to have all the documents required on the first go. They like to slip in extra ones to keep you on your toes. You are a foreigner and not Japanese so it would be impossible for you to have a completed document the first go.

Do not apply alone. You should bring with you a Japanese spouse or partner, 2 of their family members, try to include a complaining grandmother if possible. If you have a hafu-child definitely bring them along. Bonus points may be given if child is dressed in cute way and the immigration person is clucky.

Of course you've applied for this change of visa status more than two months before your current visa has expired.

Over the next 2 months you will wait on the edge of your seat for The Postcard. For the lucky ones it will come. For the unlucky you may need to leave within the next two hours after receiving the rejection letter.

Remember when it comes to immigration it really is "case-by-case". You never know just how the dice will roll.
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Postby momotobananaoishii » Sat Aug 11, 2007 6:08 am

Well that info makes me wonder because I recently got married and I got stuck with a one year spouse visa. It's my first visa in Japan. I don't really care all that much as one year goes by super fast and I'm staying here anyway so they can issue me all the one year visas they want. But it still makes me wonder why I got a one year and others got a three year visa. Odd. :frown2:
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Postby FG Lurker » Sat Aug 11, 2007 12:42 pm

momotobananaoishii wrote:But it still makes me wonder why I got a one year and others got a three year visa. Odd. :frown2:

I wouldn't worry about it at all. Just apply for a 3 year one next time around. If they still give you 1 year then you can POLITELY ask them why. You'll want to explain about your plans to build a life in Japan and stay here permanently, etc etc and say that you are concerned by the short visas. Never, ever be rude to immigration. They hold your balls in their hands... (Of course if you don't mind crushed balls then being rude is fine!)
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Postby Mike Oxlong » Sat Aug 11, 2007 3:19 pm

The first company I worked for did all the visa paperwork for all the foreign staff, and we merely had to drop it off at immigration and then go get the new visa when it was ready. They always wrote 1 year in the length of visa space on the forms. After the second or third renewal, one of the immigration staff asked me if I wouldn't rather have 3 years. I relplied "yes", and got my nice new visa. Of course, this was in the inaka where immigration was usually empty and the staff unusually kind.
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Postby Oradea » Sat Aug 11, 2007 3:58 pm

after 9/11 a lot of people arriving in japan got 1 year visas, whereas before, it was three year visas.
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Postby momotobananaoishii » Sat Aug 11, 2007 8:42 pm

I still have these questions.

1. If you have a spouse visa then divorce and remarry to a J Nat do you have start from the beginning again and apply for a brand new spouse visa when the previous visa expires? OR can you just fill out the application to extend your current visa when it expires?

2. If you don't have any kids or combined assets is it straight forward to divorce by yourself without your spouse's input? I heard you can fill out the paper work by yourself and wait 6 months to be able to legally marry again. You don't need to beg and plead for your spouse to approve the rikkon do you?

Thanks
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Postby Samurai_Jerk » Sat Aug 11, 2007 9:16 pm

momo,

Don't worry about only getting a one year visa. There is no rhyme or reason for why you only got one year and the guy in line after you got three. When I came on JET I got a one year visa my first year. My second year I was given another one year visa. My third year I was given a three year visa. Some of my JET friends got three year visas right off the bat. We were all in the same boat: single, right out of college, first time living in Japan, doing the same job, and working for the same Prefecture.

You should be directing a lot of these questions to an immigration lawyer.
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Postby momotobananaoishii » Sat Aug 11, 2007 9:49 pm

Samurai_Jerk wrote:momo,

Don't worry about only getting a one year visa. There is no rhyme or reason for why you only got one year and the guy in line after you got three. When I came on JET I got a one year visa my first year...You should be directing a lot of these questions to an immigration lawyer.
No no I'm not worried. Just curious. Thanks for your concern though :kanpai:

I asked a couple of basic questions about divorce and such merely out of curiosity. 'what if' scenario ;) Btw, aren't you referring to work visas? I have a spouse visa.
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Postby Samurai_Jerk » Sat Aug 11, 2007 10:03 pm

momotobananaoishii wrote:Btw, aren't you referring to work visas? I have a spouse visa.


I am. But the point is, immigration's actions are random at best.
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Postby momotobananaoishii » Tue Aug 14, 2007 5:29 pm

Anyone?

1. If you have a spouse visa then divorce and remarry to a J Nat do you have start from the beginning again and apply for a brand new spouse visa when the previous visa expires? OR can you just fill out the application to extend your current visa when it expires?

2. If you don't have any kids or combined assets is it straight forward to divorce by yourself without your spouse's input? I heard you can fill out the paper work by yourself and wait 6 months to be able to legally marry again. You don't need to beg and plead for your spouse to approve the rikkon do you?


Thank you
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Postby Greji » Tue Aug 14, 2007 6:17 pm

momotobananaoishii wrote:Anyone?

1. If you have a spouse visa then divorce and remarry to a J Nat do you have start from the beginning again and apply for a brand new spouse visa when the previous visa expires? OR can you just fill out the application to extend your current visa when it expires?


I can't speak for just now, but previously, the minute you divorce your entitlement to a spouse visa expires. You have to proceed to immigrations and negotiate a new visa if possible. The cases I know of in the past had immigrations being quite accomodating and allowing the individuals to remain in country at least until the original spouse visa expired. But, the individuals still had to come up with another acceptable visa catagory for later! Unfortunately, this only makes sense. A visa defines the reason you are allowed in country and if you don't have a spouse in longer, then that obviously can't be the reason. The fact you got a pinch hitter in the on deck circle doesn't matter. You must be legally married again before that status can even be considered.

2. If you don't have any kids or combined assets is it straight forward to divorce by yourself without your spouse's input? I heard you can fill out the paper work by yourself and wait 6 months to be able to legally marry again. You don't need to beg and plead for your spouse to approve the rikkon do you?


It don't quite work that way. Actually, divorce in Japan is quite simple between consenting parties. Just like the marriage, you go to the appropriate city office and technically, just take the name of the FG off the family register of the J-spouse. However, since you are not only married in Japan by law, you also are married in your home country by law and this brings about new problems if the split is not consenual.

It also gets tricky based on where you are from. Most courts, if you must go that far to disolve the union will try (and usually succeed) in making you provide a copy of the relevant divorce laws in your home jurisdiction. If you are from the USA, it is the state law of your home of record. Then if there is nothing binding there, they will process your filing providing you appear to be presenting proper grounds for the divorce.

I think the six months (or more) time frame you have heard about is in the case where a spouse has deserted the marriage. A certain time frame most pass before the courts will recognize it as desertion for the purposes of divorce.

All that having been said, you are probably not going to be able to work a divorce without the J-wife's consent/cooperation, unless you got a lot of grounds. You will definately not get it done without her knowledge unless she has, and you can prove that she has physically deserted the marriage.
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