Spouse Visa Renewal When Your Partner Is Abroad for Work or Study｜How to Handle the Cohabitation Requirement

① Introduction｜The Cohabitation Requirement for a Spouse Visa

The Spouse Visa (Spouse or Child of Japanese National / Spouse or Child of Permanent Resident) is a status of residence that assumes married life in Japan.
Therefore, immigration officers examine not only the marriage registration itself, but also whether the couple is actually living together and sharing a household (cohabitation and financial unity).

However, it is not uncommon for one spouse to temporarily live abroad for an extended period. Situations such as overseas assignments, study abroad, or caregiving are considered “unavoidable reasons,” and do not automatically lead to visa denial as long as they are explained properly.
This article explains how to approach the cohabitation requirement in such situations, and how to avoid negative outcomes during the visa renewal process.

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② Where Is the Cohabitation Requirement Stated?｜Its Legal Position

There is no explicit legal obligation to live together under the Immigration Control and Refugee Recognition Act.
However, according to MOJ (Ministry of Justice) notifications (Civil Affairs Bureau Notice No. 2314 of 2016) and the Immigration Services Agency’s examination guidelines, officers are required to verify the actual marital relationship when granting or renewing this status.

“As a general rule, it is confirmed that the couple is living together as husband and wife. However, even if they are not currently living together due to unavoidable reasons, if it is recognized that there is a substantive marital relationship, residence may be granted.”
— (Immigration Services Agency, Examination Guidelines for Spouse or Child of Japanese National)

In short, “not living together” does not automatically mean visa denial — as long as you can prove that the marital relationship is ongoing, renewal is possible.

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③ Common Cases of Long-Term Overseas Stay

There are several typical scenarios in which a spouse may live abroad for an extended period:

Case	Description	Key Features
Overseas assignment	Company-ordered work transfer	Clear return schedule / often keeps resident record in Japan
Study or research	Graduate school or doctoral programs	Absences of several years are common
Caregiving, childbirth, or family support	Temporary return to home country	Usually acceptable if purpose and duration are clear
Volunteer work or staggered relocation	One spouse returns earlier	Must explain length of stay and future plans

What matters most is whether there is a temporary and reasonable reason for living apart.

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④ What Immigration Looks At｜Factors for Determining a Genuine Marriage

Immigration officers do not simply check if the couple is living together.
They evaluate whether there is an ongoing, genuine marital relationship based on multiple factors, such as:

• Regular communication (calls, messages, emails)
• Financial support (remittance of living or educational expenses)
• Records of periodic home visits or meetings
• Consistency of resident records, family registers, and household information
• Third-party certificates (e.g. enrollment or employment certificates)

In other words, physical separation does not matter as long as you can prove the relationship is still genuine and ongoing.

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⑤ Supporting Documents and Explanation Letters for Renewal

When renewing a spouse visa while living apart long-term, it is strongly recommended to submit additional documents that explain the separation and prove the relationship is ongoing.

Type	Example	Key Points
Written explanation	Why the spouse is abroad / expected return date	Clear timeline, signed by the applicant
Enrollment or employment certificate	From the school or employer	Shows the legitimacy of the stay
Remittance records	Bank transfers, salary payments	Show financial ties
Message history	LINE, emails, call logs	Show regular communication and closeness
Flight tickets / entry-exit records	Records of visits	Prove actual meetings and contact

Focus on documents that clearly show the reality of the marital relationship rather than only formal records.

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⑥ Common Pitfalls and How to Avoid Them

• Removed resident record (jūminhyō) → Can be mistaken as permanent separation → Provide written explanation
• No clear return schedule → Can be seen as indefinite separation → Provide a clear expected return
• Very few communications → Can be seen as a weakened relationship → Keep call/message logs
• Last-minute renewal → May not have enough time to prepare extra documents → Start early

If possible, consult the immigration office’s information counter in advance to explain your situation.

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⑦ Preparing for Possible Additional Questions from Immigration

When the couple lives apart, immigration may ask for further explanations during the examination.
Typical questions include:

• Why are you living separately?
• How often do you communicate?
• Are you supporting each other financially?
• How will you live together in the future?

Be prepared to answer these consistently both in writing and verbally.

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⑧ Benefits of Consulting a Professional

• Can help select and organize supporting documents in order
• Can draft the explanation letter and prepare for possible interview questions
• Can anticipate and reinforce points that may disadvantage the applicant (e.g. removal from resident record)

Consulting an immigration lawyer (gyōsei shoshi) can significantly reduce the risk of rejection due to insufficient explanation.

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⑨ Conclusion｜Separation Does Not Mean Denial

• Physical separation does not automatically mean visa denial
• It is crucial to prove there are unavoidable reasons and that the marriage is ongoing
• Use records such as remittances, communications, meetings, and explanation letters to prove this
• Consulting a professional can help ensure that the explanation satisfies immigration officers

Ishinagi Administrative Scrivener Office

“If you would like to obtain a spouse visa quickly and reliably, or if you feel uncertain about renewal or changing your residence status, please feel free to consult with our office in Yodogawa-ku, Osaka. We provide support for clients from all over Japan, making use of our experience in dealing with the Immigration Bureau.

If you wish to proceed with your spouse visa application smoothly and with confidence, please do not hesitate to contact us.

▶ Click here to see our fee schedule”

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