It is not uncommon for a foreign spouse who has given birth in Japan to temporarily return to their home country for maternity leave (sato-gaeri shussan) or to receive family support. However, did you know that this temporary departure can significantly affect your Status of Residence (Visa)? Misjudging the length of stay abroad could actually lead to the forfeiture of your status of residence in Japan.
Under the Japanese immigration system, if a foreign national holding a Status of Residence leaves Japan and remains abroad for more than three months, they may be deemed as not having their base of life in Japan, and their Status of Residence may be revoked. Cases where a visa was lost due to an extended stay overseas for postnatal care have actually occurred.
When a foreign national departs from Japan, if they apply for a "Special Re-entry Permit"(Minashi Sai-nyūkoku Kyoka) at the airport, they can leave the country while maintaining their visa for a maximum of one year.
When asked "Is this a re-entry departure?" at the immigration inspection, answer "Yes."
Ensure your passport is stamped with "Departure with Special Re-entry Permission."
You must return to Japan within one year.
If you return after exceeding one year, your visa will automatically expire. (It is common for the return to be delayed due to prolonged childcare after birth.)
Even if you return within the one-year period, your subsequent spouse visa renewal may be challenged on the grounds that your "actual living conditions in Japan are tenuous." Particular caution is needed in the following cases.
The Japanese spouse remained in Japan, resulting in a long period of separation.
The Japanese address was terminated (e.g., moving out of a rental property).
There is no record of money transfers for living expenses or regular communication.
In such situations, the reality of the marital relationship may be doubted during the renewal process, risking a denial of renewal.
A temporary return due to childbirth and childcare is a valid reason and is fully explainable. However, it is crucial to gather objective materials that can satisfy the immigration officer.
Recommended Documents to Submit
Medical institution records/birth certificate from the home country.
Records of contact with the Japanese spouse (LINE, call history, etc.).
Records of financial support/remittances for living expenses from the Japanese spouse.
Housing contract/public utility payment proofs after returning to Japan.
Submitting these documents together can prove that the "marital relationship continued even during the temporary return."
While a temporary return after childbirth is a natural event, acting without understanding the "Special Re-entry Permit" and the "risk of Status of Residence revocation" could lead to the loss of your precious visa. It is essential to confirm with a professional before departure and/or renewal and prepare the necessary documents and timeline.
This article is intended solely to provide general information and a warning regarding the Status of Residence (Visa) for a foreign spouse's temporary return after childbirth. Depending on individual circumstances (period of stay, visa type, duration of departure, reality of the marital relationship, etc.), the handling may vary significantly. Furthermore, Japan's immigration laws and systems are subject to change due to legal revisions or operational changes.
Therefore, you must consult with a specialist (Administrative Scrivener or Lawyer) regarding your own situation, or confirm directly with the nearest Regional Immigration Services Bureau. Please be aware that we are not responsible for any damage or disadvantage caused by the use of the content of this article.
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