外国人暮らしのQ&A「 同性配偶者の在留資格は取得できるか」

Q:

I'd like to know, is same-sex marriage recognized in Japan? If a person from a country which recognizes same-sex marriage is living in Japan as a permanent resident, and their spouse is in their home country, is it possible for the spouse to get a visa (status of residence) to live in Japan?

A:

First, to address the question of recognition of same-sex marriage (dōseikon / 同性婚). At present in Japan, same-sex marriage is not seen as legally recognized. While there has been some debate within Japan on the subject, this has not led to official recognition, as a nation, of same-sex marriage.

A number of local (prefectural and municipal) governments have established a 'partnership system' (pātonashippu seido / パートナーシップ制度) giving official recognition to same-sex couples, but this recognition does not include legal rights and obligations.

Next, as to whether the spouse of a person with the status of residence (zairyū shikaku / 在留資格) of permanent resident (eijūsha / 永住者) can obtain a status of residence to live in Japan. If the marriage between the couple in question is recognized as legal, then it is possible for the spouse to obtain the status of residence of Spouse of a Permanent Resident (eijūsha no haigūsha tō / 永住者の配偶者等) and live in Japan.

As for the application procedure, even if the spouse is not currently in Japan, the permanent resident in Japan can submit an Application for issuance of a Certificate of Eligibility (zairyū shikaku nintei shōmeisho kōfu shinsei / 在留資格認定証明書交付申請) to receive a Certificate of Eligibility (zairyū shikaku nintei shōmeisho / 在留資格認定証明書). The permanent resident then sends the Certificate of Eligibility to the spouse, who submits it to a Japanese embassy or consulate in their country. If the status of residence is granted, the spouse will be permitted to enter Japan.

However, in the case of a same-sex couple who have married in a country where same-sex marriage is legally recognized, the spouse would not be granted entry to Japan with the status of residence of Spouse of a Permanent Resident, due to same-sex marriage not being legally recognized in Japan. If the spouse were already in Japan as a Temporary Visitor (tanki taizai / 短期滞在), for example, it may be possible to apply to change one's status of residence to that of Designated Activities (tokutei katsudō / 特定活動) to remain in Japan.

In addition, if a Japanese national and a foreign national were to marry in a country which recognized same-sex marriage, the spouse would not be granted a status of residence that acknowledged one's status as a spouse.

For details of status of residence-related procedures, please inquire at your nearest Immigration Services office.

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