How to Apply for Permanent Residency from a Spouse Visa in Japan｜Understanding the “5-Year Rule” and Key Requirements

Introduction: Is “10 Years for Permanent Residency” Just a Misconception?

“I want to apply for permanent residency, but it hasn’t been 10 years since I came to Japan. That means I’m not eligible yet, right?”

We often receive inquiries like this. It’s true that, as a general rule, permanent residency requires you to have continuously lived in Japan for at least 10 years.

However, there’s a special route for those residing in Japan under a spouse visa that allows them to apply after around just five years.

This is because continued marriage and settlement in Japan are considered strong grounds for a shortened requirement period. By correctly understanding the requirements and timing, it may be possible to apply earlier than usual.

In this article, we’ll explain in detail, from the perspective of an administrative scrivener, the conditions and key points to be aware of when applying for permanent residency from a spouse visa.

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Chapter 1: What Are the Basic Requirements for a Permanent Resident Visa?

To obtain a Permanent Resident Visa (Status of Residence: “Permanent Resident”), the following conditions generally apply:

General Requirements for Permanent Residency

• You must have lived in Japan continuously for 10 years or more
  • Of those, at least 5 years under a work-related status (e.g., Engineer/Specialist in Humanities/International Services, etc.)
• You must have good conduct (e.g., no criminal record, proper payment of taxes and social insurance)
• You must have financial independence (e.g., stable income, not receiving public assistance)
• Your residence history must be stable (e.g., repeated 1-year extensions can be viewed unfavorably)

As shown above, the standard path to permanent residency usually involves a long period of residence and preparation.

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Chapter 2: Why Is It Possible to Apply After Just 5 Years on a Spouse Visa?

➤ Special Rule Under Immigration Bureau’s Practice

If you are married to a Japanese national, permanent resident, or special permanent resident and hold a spouse visa, you are exempt from the 10-year residence requirement.

In particular, you may be eligible if:

✅ You have been married for at least 3 years and have resided in Japan for at least 1 year

Under this rule, if you hold a 3-year spouse visa, it becomes practically possible to apply for permanent residency in under 5 years.

➤ Common Misunderstandings

Even if the “3 years of marriage + 1 year of residence” requirement is met, your application may be denied if:

• Your marriage is deemed unstable or lacks substance
• You don’t have sufficient income or tax records

As with standard applications, factors like your residency history, income, and tax status are examined closely.

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Chapter 3: Specific Conditions When Applying for Permanent Residency with a Spouse Visa

When applying via the spouse visa route, you must meet the following practical conditions:

✅ Proof of Ongoing and Genuine Marriage

• You must live together and not be in a sham marriage or name-only relationship
• Matching addresses on residence records, photos, message history, etc., can serve as supporting evidence

✅ Stable Income and Living Conditions

• Annual income should be approximately 3 million yen or more (varies based on family size)
• Taxes and social insurance must be properly paid
• If there are unpaid taxes or periods of non-taxation, a written explanation is required

✅ Stability of Residency Status (Past Extension History)

• Those who have only received 1-year extensions in the past may be seen as unstable
• It’s preferable to have recently received a 3-year or 5-year status

✅ Japanese Language Ability and Community Ties

• Ability to communicate in daily Japanese is valued, though not a formal requirement
• Community involvement, parenting, and workplace evaluations help show “settlement” in Japan

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Chapter 4: Common Pitfalls When Applying Through a Spouse Visa

❗ Periods of Separation

→ Even if temporary, explain the reason for any period of separation and provide evidence of reunion or resumed life together.

❗ Relying Entirely on Spouse for Income

→ Being a dependent is not a problem, but you may need to supplement your application with explanations such as “why the applicant is not working” or proof that household finances are stable.

❗ Fake Marriages or Broker Involvement

→ If the marriage is found to be false or if there’s misrepresentation, you risk not only denial of permanent residency but also revocation of your current visa.

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Chapter 5: Which Is Better for Permanent Residency—Spouse Visa or Work Visa?

We’re often asked, “Which visa type is better for applying for permanent residency—spouse or work?”

Before answering, it’s essential to understand that you can only hold one status of residence at a time in Japan.

So, a situation like “I have both a spouse and a work visa” is not legally possible. The application must be based on your current status.

That said, your residency history—what status you had and how you lived under it—can be a positive factor in your evaluation. Let’s compare both paths:

5-1. Applying with a Spouse Visa

• Shorter residency requirement (as little as 3 years of marriage)
• Evaluation focuses on the stability of the marital relationship
• The spouse’s income and support status may also be considered

Key Point: If your marriage is stable and genuine, this route can be advantageous.

5-2. Applying with a Work Visa

• Requires 10 years total residence, with at least 5 years of work status
• Emphasis on stable work history, long-term employment, and sufficient income
• The documentation burden is usually higher than the spouse visa path

Key Point: If you have built a strong career and solid tax records, this route can be highly favorable.

5-3. What If You Switched Visas?

• If you worked for many years on a work visa and recently switched to a spouse visa, your past work history will still be viewed favorably.
• If you were on a spouse visa for a long time and recently switched to a work visa, your previous marital stability may still be considered a positive factor.

5-4. Summary: Focus on the Story of Your Residency

You cannot choose your visa type for the purpose of the application—you must apply based on your current status.

Instead of worrying about “which visa to use,” it’s more important to build a coherent narrative of your residency history and support it with documentation.

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Chapter 6: How an Administrative Scrivener Can Help with Your Application

Permanent residency applications—like naturalization—are highly dependent on documentation accuracy and persuasive explanations.

For spouse visa holders, expert support can be particularly effective in the following areas:

✅ Document Support

• Review of income and tax records, with preparation of supplemental documents
• Checking for inconsistencies in resident records or social insurance
• Preparing marriage-related documentation (e.g., cohabitation history, daily life evidence)
• Drafting explanations for special circumstances (e.g., divorce history, past separations)

✅ Timing and Planning

• Objective evaluation of whether this is the right time to apply
• Coordinating the application with other life events like job changes, childbirth, or visa renewals

✅ Dealing with Immigration and Preparing for Questions

• Anticipating “what the examiner might question” based on the documents
• Preparing supplemental materials in advance to smooth the review process

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Conclusion: Permanent Residency via Spouse Visa Is Possible in 5 Years—But Conditions Matter

If you’re currently on a spouse visa and wondering:

• “Is it really impossible unless I’ve lived in Japan for 10 years?”
• “Can I apply if I’m financially dependent on my spouse?”
• “Will my history of separation or cohabitation affect the application?”

Rest assured, a special rule allows you to apply after 3 years of marriage and 1 year of residence, provided certain conditions are met.

What matters most is understanding the requirements and submitting materials that will convince the examiner.

🧩 If any of the following apply, now might be the right time to consider applying:

✅ You’ve held a spouse visa for 3 years or more
✅ Your tax and insurance records are in order
✅ You can clearly explain the reality of your marriage
✅ Your visa renewal is coming up soon

Our office provides end-to-end support—from free pre-application consultation to document preparation and submission.

Please feel free to contact us with any questions or concerns.

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Ishinagi Administrative Scrivener Office

“I want to obtain permanent residency quickly and securely.” “I’m worried about preparing all the documents.”
If this sounds like you, please feel free to contact our office in Osaka (Yodogawa-ku). We support clients from all over Japan, providing the most effective assistance based on our extensive experience with immigration procedures.

If you want to secure your permanent residency smoothly and confidently, contact our office today.

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