Can Overstayers in Japan Obtain a Spouse Visa After a Departure Order?

Question from Hilo, Can Overstayers in Japan Obtain a Spouse Visa After a Departure Order?

Answer from AI:

If you have overstayed your visa in Japan and subsequently received a departure order, but also got married, you might be wondering about the possibility of obtaining a spouse visa. The process and likelihood of success can be complex and depend on various factors, including the specifics of your case and Japanese immigration law.

Understanding Overstay and Departure Orders in Japan

Firstly, it’s important to understand what it means to overstay your visa and the implications of a departure order:

• Overstaying a visa means remaining in Japan beyond the period granted by your visa or residence status. This is considered a violation of the Immigration Control and Refugee Recognition Act.
• A departure order is an administrative procedure that allows an individual who has overstayed their visa to leave Japan voluntarily within a specified period (usually within 15 days) without facing detention or deportation proceedings.

Applying for a Spouse Visa After a Departure Order

Regarding the possibility of obtaining a spouse visa after receiving a departure order:

• Generally, if you have received a departure order, you may be subject to a re-entry ban. The length of the ban can vary, but it is typically for a period of one year or more.
• During the re-entry ban period, you would not be eligible to apply for a visa to return to Japan, including a spouse visa.
• However, there may be exceptional circumstances where the re-entry ban could be waived or shortened, especially if there are compelling humanitarian considerations.
• Marriage to a Japanese national or a permanent resident does not automatically grant you the right to a spouse visa, especially if you have violated immigration laws.

Steps to Consider

If you are in this situation, here are some steps you might consider:

1. Consult with an immigration lawyer: Given the complexity of immigration laws and the potential for exceptions, it is crucial to seek personalized legal advice from a professional who is familiar with Japanese immigration law.
2. Understand the re-entry ban: Determine the length of your re-entry ban and whether there are any options for appeal or waiver based on your marriage.
3. Prepare documentation: If there is a possibility to apply for a spouse visa, gather all necessary documentation, such as marriage certificates, proof of your spouse’s nationality or residence status, and any other relevant information that supports your case.
4. Follow legal procedures: Ensure that you comply with all legal procedures and deadlines, especially if you are required to leave Japan under the departure order.

Legal Advice and Resources

It is essential to note that immigration laws can be subject to change, and each case is unique. Therefore, it is highly recommended to consult with a legal professional who can provide advice tailored to your specific circumstances. For general information, you can refer to the Immigration Services Agency of Japan or contact the nearest Japanese embassy or consulate.

Remember, while this information provides a general overview, it should not be taken as legal advice. Legal outcomes can vary greatly based on the details of each individual case.