When a foreign national comes to Japan on a work status such as the Engineer/Specialist in Humanities/International Services visa, the Business Manager visa or the intra-company transferee status, or as a student, their legally married spouse and their children can come as dependants. The holder must be able to support them, and the family member must actually depend on them. Parents, siblings and unmarried partners are not covered, and same-sex spouses are generally handled under a separate designated activities status instead.
The status is for family life, not work. A dependant who wants a job must obtain permission to engage in an activity outside their status. That is usually granted as a blanket permission for up to 28 hours a week, which suits part-time work but not a career. A dependant who wants to work full time must qualify for a work status of their own, for example by changing to the professional work visa if they have a suitable degree and job offer.
The period of stay follows the principal's, and the dependant's status depends on the principal keeping theirs. If the principal changes status, leaves or divorces, the dependant's basis for staying falls away.
What it means for a foreign employer
- Trailing spouses cannot simply take a job. A spouse with a career will need their own work visa, which takes time and a willing employer. This is a common reason candidates hesitate to relocate.
- Highly Skilled Professional status helps families. Spouses of HSP holders can work full time without meeting the usual degree and experience tests, and parents can join in some cases. It is often worth checking whether a senior hire qualifies.
- Dependants are not covered for parents. Candidates expecting to bring a parent need a different route, usually only available through the HSP status.
- Sponsor the family from the start. Applications for dependants can be filed alongside the principal's, which shortens the time apart.
Sources
- Immigration Control and Refugee Recognition Act, Appended Table I(4) (Dependent) and Article 19.
- Immigration Services Agency, guidance on the Dependent status and permission for activity outside status.