Relocating Employees to Japan with Their Families: A Guide to the "Dependent" (Kazoku Taizai) Visa

When an employee undertakes an international assignment, the ability to bring their family is often a critical factor for their well-being and the success of the relocation. Japan offers the "Dependent" (家族滞在 - Kazoku Taizai) status of residence, which serves as the primary pathway for the spouses and children of eligible foreign nationals working or studying in Japan to live with them. Understanding the eligibility criteria, application process, and permitted activities under this visa is essential for both sponsoring companies and their employees.

What is the "Dependent" (Kazoku Taizai) Status of Residence?

The "Dependent" status of residence is designed to allow the family members of a foreign national (the "principal visa holder" or "sponsor") who is residing in Japan under a qualifying status of residence to join them and live as part of their household. The core principle underpinning this visa is that the dependent's ability to stay in Japan is contingent upon the principal visa holder maintaining their valid status and demonstrating the financial capacity to support their family members.

Dependents are generally permitted to engage in "daily activities" (日常的な活動). This broad term covers the ordinary aspects of life, such as managing a household, raising children, and, for children, attending school. However, it's crucial to note that engaging in income-generating employment is generally not permitted under the "Dependent" visa itself without separate authorization.

Who Can Sponsor Dependents? (The Principal Visa Holder)

The ability to sponsor family members under the "Dependent" visa is linked to the principal visa holder's own status of residence. Generally, foreign nationals holding most work-related statuses or a "Student" visa can act as sponsors. Qualifying sponsor statuses include:

• "Professor"
• "Artist"
• "Religious Activities"
• "Journalist"
• "Highly Skilled Professional"
• "Business Manager"
• "Legal/Accounting Services"
• "Medical"
• "Researcher"
• "Instructor"
• "Engineer/Specialist in Humanities/International Services"
• "Intra-company Transferee"
• "Skilled Labor"
• "Cultural Activities"
• "Student" (留学)

Conversely, individuals in Japan under statuses such as "Trainee" (研修), "Technical Intern Training" (技能実習), "Temporary Visitor" (短期滞在), or certain categories of "Designated Activities" (特定活動) are typically not eligible to sponsor dependents for a "Dependent" visa.

Who Qualifies as a "Dependent"?

The "Dependent" visa is primarily intended for the legal spouse and children of the principal visa holder.

1. Legal Spouse (配偶者 - Haigusha)

• Legally Valid Marriage: The individuals must be in a legally valid marriage that is recognized under Japanese law or the laws of the country where it was formalized.
• Exclusions: Common-law marriages or de facto partnerships that are not legally registered as marriages generally do not qualify for this visa category. Similarly, individuals who are divorced from the principal visa holder or whose sponsoring spouse has passed away are no longer considered eligible under this specific definition of "spouse".
• Genuine Marital Relationship: The immigration authorities expect the marital relationship to be genuine and subsisting, typically involving cohabitation and mutual support as a family unit. Prolonged separations without justifiable reasons can raise questions during visa renewal.
• Same-Sex Spouses: Traditionally, the "Dependent" visa category has not extended to same-sex spouses due to Japanese domestic law not recognizing same-sex marriage. However, a significant development is that if a same-sex marriage is legally valid in the couple's home country or another jurisdiction, the spouse may be considered for a "Designated Activities" (特定活動) visa on humanitarian grounds, allowing them to reside in Japan with their sponsoring partner. This is a crucial point of differentiation and requires careful application.

2. Children (子 - Ko)

• Scope: This includes legally recognized children of the principal visa holder. The term encompasses:
  • Legitimate children.
  • Legally adopted children (where the adoption is valid and recognized).
  • Children born out of wedlock who have been legally acknowledged or recognized by the principal visa holder (e.g., through a formal act of legitimation).
• Age and Marital Status: While typically associated with minor children, the "Dependent" status for a child is not strictly limited by age. Adult children can potentially qualify, provided they are unmarried and can be proven to be genuinely financially dependent on, and receiving ongoing care and support from, the principal visa holder. Demonstrating such dependency for adult children often requires more substantial evidence.
• Unmarried Status: The child must be unmarried to qualify as a dependent under this category.

Key Requirements for Obtaining a "Dependent" Visa

Successfully securing a "Dependent" visa hinges on several core requirements:

1. Valid Status of the Principal Visa Holder: The sponsor must currently hold a qualifying status of residence in Japan, and that status must be valid with sufficient remaining duration.
2. Financial Capacity of the Sponsor: This is a critical element. The principal visa holder must convincingly demonstrate that they have sufficient and stable financial resources to support themselves and all their dependents who will be residing in Japan. The assessment considers income, savings, and overall financial stability.
   • Evidence typically includes:
     • The sponsor's certificate of employment (在職証明書 - zaishoku shomeisho) or business permit if self-employed.
     • Official tax certificates (課税証明書 - kazei shomeisho showing annual income and levied taxes, and 納税証明書 - nozei shomeisho showing tax payment status) issued by the sponsor's municipal office in Japan.
     • Bank statements showing account balances or other proof of assets.
     • For students sponsoring dependents, proof of scholarships, regular financial remittances from family abroad, and substantial bank savings are especially scrutinized given their restricted ability to work.
3. Verifiable Proof of Relationship: The claimed family relationship must be substantiated with official documents.
   • For Spouses: An official marriage certificate (婚姻証明書 - kon'in shomeisho). If the certificate is in a foreign language, a certified Japanese translation is usually required.
   • For Children: An official birth certificate (出生証明書 - shussho shomeisho) clearly indicating the parent-child relationship. For adopted children, official adoption decrees are necessary. For recognized children born out of wedlock, legal documents of recognition are required. Foreign-language documents must typically be accompanied by Japanese translations.
   • In some cases, a certified copy of the sponsor's family register (戸籍謄本 - koseki tohon, if the sponsor is Japanese or from a country with a similar system and it records the relevant family events) or equivalent official family records from the sponsor's or dependent's country of origin may be requested.
4. Intention of Cohabitation and Dependency: The underlying assumption is that the family will live together in Japan as a single household unit, and the dependents will primarily rely on the sponsor for their financial support and livelihood.

The Application Process for "Dependent" Visas

There are two main pathways for obtaining "Dependent" status:

1. Certificate of Eligibility (CoE) – For Dependents Abroad:
   • This is the most common route for family members who are outside Japan. The principal visa holder (sponsor) in Japan applies for a CoE for each dependent family member at the regional Immigration Services Agency office that has jurisdiction over their place of residence.
   • The CoE application package will include documents pertaining to the sponsor (proof of their valid status, employment details, income verification, etc.) and documents relating to each dependent (passport copies, photographs, and official proof of the spousal or parent-child relationship).
   • Once the Immigration Services Agency issues the CoEs, the sponsor sends the original CoEs to their family members abroad.
   • The family members then use their respective CoEs to apply for "Dependent" visas at the Japanese embassy or consulate in their home country or country of legal residence. The CoE signifies that the substantive eligibility has been pre-screened, usually leading to a quicker visa issuance.
2. Change of Status of Residence – For Dependents Already in Japan (Less Common):
   • In some limited circumstances, if a family member is already in Japan under a different, valid short-term status (e.g., as a temporary visitor – though changing from Temporary Visitor to Dependent is generally not straightforward and often discouraged), they might be able to apply for a "Change of Status of Residence" to "Dependent" from within Japan. This route is less common and often subject to stricter scrutiny regarding the initial purpose of entry.

Permitted Activities and Work Authorization for Dependents

• "Daily Activities": The primary scope of activity permitted under a "Dependent" visa is to engage in everyday life as a member of the sponsor's household. For children, this naturally includes attending Japanese schools (from kindergarten through high school, and potentially university if they later secure their own "Student" visa or continue to meet dependency criteria).
• Employment Restrictions: The "Dependent" status itself does not authorize engagement in income-generating work.

Working Part-Time as a Dependent: The "Permission to Engage in Other Activity"

If a dependent spouse or child wishes to work part-time, they must first apply for and receive "Permission to Engage in Activity Other Than That Permitted by the Status of Residence Previously Granted" (資格外活動許可 - Shikakugai Katsudo Kyoka) from the Immigration Services Agency.

• Work Hour Limitation: If granted, this permission typically allows the dependent to work up to 28 hours per week.
• Prohibited Work: Certain types of employment are strictly prohibited, even with this permission, most notably work in adult entertainment businesses or related industries.
• Application: The application for this permission is made at an immigration office, and there is generally no fee. It must be obtained before commencing any paid work.
• Maintaining Dependency: If a dependent's income from part-time work becomes substantial to the point where they are no longer considered financially dependent on the principal sponsor, it could affect their eligibility for the "Dependent" status during future renewals. In such cases, if they qualify independently, they might need to consider changing to an appropriate work visa.

Duration of Stay, Renewals, and Important Considerations

• Period of Stay: The period of stay granted to a dependent is typically aligned with the remaining validity period of the principal visa holder's status.
• Renewals: "Dependent" visas can be renewed by applying for an Extension of Period of Stay. This is usually done concurrently with, or subsequent to, the successful renewal of the principal sponsor's visa, provided all conditions of dependency and financial support continue to be met.
• Cohabitation Expectation: As a general rule, dependent spouses are expected to live with their sponsoring spouse. Long-term separations without valid reasons (e.g., the sponsor being temporarily assigned overseas by their Japanese employer, while the family remains in Japan due to children's schooling) could raise concerns during visa renewal and require detailed explanation. If a dependent child, for instance, is sent back to the home country for schooling for an extended period, their eligibility for the "Dependent" status in Japan might be questioned, as they are not engaging in "daily activities" as a dependent member of the sponsor's household in Japan.
• Loss of Principal's Status: If the principal visa holder's status expires and is not renewed, is revoked, or if they permanently depart Japan, the "Dependent" status of their family members generally ceases to be valid. The dependents would then need to either leave Japan or, if eligible, apply for an independent status of residence.
• Impact of Divorce: In the event of a divorce between the principal visa holder and their dependent spouse, the dependent spouse loses the basis for their "Dependent" status. They are required to notify the immigration authorities within 14 days of the divorce. Following this, they must either depart Japan within a reasonable period or promptly apply to change to another appropriate status of residence if they meet the criteria. Potential options could include a work visa (if they secure qualifying employment), a "Spouse or Child of Japanese National" visa (if they remarry a Japanese national), or a "Long-Term Resident" visa (e.g., if they have custody of a Japanese child from the marriage and meet other conditions). Continuing to reside in Japan on a "Dependent" visa after the spousal relationship has ended without taking appropriate steps can lead to the cancellation of that (now invalid) status and potential deportation.

Conclusion: Facilitating Family Unity in Japan

The "Dependent" (Kazoku Taizai) status of residence is a vital provision that supports family unity for foreign professionals and students in Japan. Successful navigation of this visa category requires careful preparation of documentation, particularly clear proof of the qualifying family relationship and robust evidence of the sponsor's financial ability to support their loved ones. A thorough understanding of the permitted activities, especially the restrictions on employment and the process for obtaining part-time work permission, along with awareness of how changes in the sponsor's or dependent's circumstances can affect their status, is crucial for maintaining long-term compliance and ensuring a stable family life in Japan.