Note: This article is based on Japanese laws and materials published by the Immigration Services Agency of Japan (ISA) as of October 9, 2026.
Even if your status of residence is still "Dependent" (家族滞在), you fall within the "special provisions for spouses" (配偶者の特例, exceptions to the 10-year rule) for permission for permanent residence (永住許可) if your spouse is a permanent resident. The Guidelines for Permission for Permanent Residence (永住許可に関するガイドライン) write these special provisions in terms of the personal status of being "the spouse of a permanent resident" (永住者の配偶者), not in terms of a status of residence. However, there is no ISA material that specifically names people with the Dependent status, and if you remain under Dependent status, there are still points that will be looked at in the examination.
The number of years required depends on the date you apply. For applications filed on or before March 31, 2027, it is three years or more of married life and one year or more of continuous residence; for applications filed on or after April 1, 2027, it is five years or more and three years or more. The documents to be submitted differ according to your current status of residence. We also explain how this differs from first changing to "Spouse or Child of Permanent Resident" (永住者の配偶者等) and then applying.
Contents
- Can you use the special provisions for spouses while still under Dependent status?
- The required years are determined by the date you apply
- What is still examined even when you use the special provisions
- Even without the independent livelihood requirement, burden on the public is looked at
- The documents to be submitted depend on your "current status of residence"
- Apply while still under Dependent status, or change your status of residence first?
- How to choose between the two approaches
- Frequently Asked Questions
- Summary
- References
Can you use the special provisions for spouses while still under Dependent status?
If your spouse is a permanent resident, then even if your status of residence is still "Dependent", you fall within the special provisions for spouses under the wording of the Guidelines. Dependent is a status of residence for the spouse and children supported by a person who is in Japan under a work-related or Student status of residence.
In the examination for permission for permanent residence (permission to change to the status of residence "Permanent Resident", 永住者), what is looked at, in principle, is whether the applicant has resided in Japan continuously for 10 years or more. The special provisions for spouses are a mechanism that shortens these 10 years. The Guidelines describe who is covered as "the case of a spouse of a Japanese national, a permanent resident or a special permanent resident" (日本人、永住者及び特別永住者の配偶者の場合).
The name of a status of residence is not part of the condition. The special provision for Long-Term Residents in the same Guidelines is written in terms of a status of residence: "five years or more with the status of residence 'Long-Term Resident'" (「定住者」の在留資格で5年以上). The special provisions for spouses are written so that they are determined by the personal status of being the spouse of a permanent resident.
- The spouse of a Japanese national
- The spouse of a permanent resident
- The spouse of a special permanent resident
- Their biological children, etc. (実子等, which includes children adopted through special adoption; the required years differ from those for a spouse)
Among the materials published by the ISA, there is none that specifically names people with the Dependent status and states that they can receive these special provisions (as of October 2026). When our office checked with the Nagoya Regional Immigration Services Bureau in April 2026, the explanation was that, with regard to the 10 years of residence and the independent livelihood requirement (独立生計要件), such a person is treated as the spouse of a permanent resident. This was confirmed before the revision of October 1, 2026. In the revised Guidelines as well, the special provisions are still written in terms of personal status.
Personal status alone does not decide whether permission is granted. The ISA states that, for spouses and the like as well, it "does not decide on the basis of that family relationship alone" (その身分関係のみをもって判断するものではありません), and that it examines applications by comprehensively considering each applicant's circumstances.
Source: Immigration Services Agency of Japan, "Guidelines for Permission for Permanent Residence (revised on October 1, 2026)" (in Japanese), Part 3, 1 and 2; "Results of the Public Comment Procedure on the Draft Revision of the Guidelines for Permission for Permanent Residence" (in Japanese), separate sheet (別紙), No. 65 (October 1, 2026)
The required years are determined by the date you apply
The required number of years is determined not by the date permission is granted, but by the date you apply. The revised Guidelines apply to applications filed on or after April 1, 2027.
| Applications filed on or before March 31, 2027 | Applications filed on or after April 1, 2027 | |
|---|---|---|
| Spouse | Genuine married life (実体を伴った婚姻生活) has continued for 3 years or more + has resided in Japan continuously for 1 year or more | Genuine married life has continued for 5 years or more + has resided in Japan continuously for 3 years or more |
| Biological child, etc. | Has resided in Japan continuously for 1 year or more | Has resided in Japan continuously for 3 years or more |
Source: Immigration Services Agency of Japan, "Guidelines for Permission for Permanent Residence (revised on October 1, 2026)" (in Japanese), Part 3, 1 and Part 6; "Guidelines for Permission for Permanent Residence (revised on February 24, 2026)" (in Japanese), 2(1)
If you apply on or before March 31, 2027, the years in the left column apply even if the result comes out in April or later.
The Guidelines write the years of married life and the years of residence in Japan as separate conditions. That the married life was spent in Japan is not written as a condition. The years of residence are years of "continuous" (引き続き) residence.
Married life is limited to married life that is "genuine" (実体を伴った). The ISA states that it will check the substance of the marriage "individually and specifically on the basis of the submitted documents and other information" (提出資料その他の情報に基づき個別具体的に確認), and that it will not publish the detailed method of checking.
The revision as a whole and when it applies are summarized in What Changed in the Revised Guidelines for Permission for Permanent Residence.
Source: Immigration Services Agency of Japan, "Results of the Public Comment Procedure on the Draft Revision of the Guidelines for Permission for Permanent Residence" (in Japanese), separate sheet, No. 64 (October 1, 2026)
What is still examined even when you use the special provisions
The spouse and children of a permanent resident are not required to meet the good conduct requirement (素行善良要件) or the independent livelihood requirement (proviso to Article 22, paragraph 2 of the Immigration Control and Refugee Recognition Act). The remaining national interest requirement (国益要件: that the person's permanent residence is in the interests of Japan) is examined in a spouse's application as well.
The main items are as follows. "Evaluated negatively" (消極評価) means that the matter is treated as an unfavorable circumstance in the examination.
| Item | Applications filed on or before March 31, 2027 | Applications filed on or after April 1, 2027 |
|---|---|---|
| Taxes, pension contributions and health insurance premiums; notifications under the Immigration Control and Refugee Recognition Act | These obligations are properly fulfilled. If payments were not made by the payment deadline, this is, in principle, evaluated negatively | If these are not complied with, this is evaluated negatively. Past delinquency dispositions (滞納処分: compulsory collection such as seizure) and past violations of obligations are also, in principle, evaluated negatively. Taxes and insurance premiums are, in principle, looked at on a household basis |
| Criminal penalties | Has not been sentenced to a fine, imprisonment (拘禁刑) or the like | Persons who have been sentenced to imprisonment or a fine, and persons who are subject to certain protective measures under the Juvenile Act (少年法), are, in principle, evaluated negatively |
| Period of stay | Is residing with the longest period of stay for the current status of residence | Same |
| Criteria for the current status of residence | Conforms to the criteria for landing permission (上陸許可基準), etc. for the status of residence currently held | If not conforming, this is evaluated negatively |
| Burden on the public | Not stated as an item of the national interest requirement (except for some applications under examination; see the explanation below) | As explained below |
| Japanese language proficiency, etc. | Not stated | Japanese language proficiency (level equivalent to B1 or higher), understanding of systems and rules, school attendance of school-age children, days spent outside Japan |
How a period of stay of "3 years" is handled is summarized in Transitional Measure for a Period of Stay of "3 Years".
Even without the independent livelihood requirement, burden on the public is looked at
Spouses and children are not required to meet the independent livelihood requirement, but burden on the public is looked at within the national interest requirement. The revised Guidelines state that spouses and children are not required to conform to the independent livelihood requirement, and then state that burden on the public is looked at within the national interest requirement. This covers cases where the household is currently a burden on the public, and cases where there is a realistic risk of that. When no special circumstances are found for having come to that situation, the Guidelines say that this "may be evaluated negatively" (消極評価をすることがあります).
The Guidelines also state that this item is decided comprehensively, placing weight on the stability of residence as a family unit and on humanitarian consideration. The annual income standard (年収水準) and the estimated pension amount are items within the independent livelihood requirement, so they are not written in a way that applies them as they are to spouses and children.
The burden-on-the-public item is also applied to applications that were filed on or after April 1, 2026 and were under examination as of October 1, 2026.
Source: Immigration Control and Refugee Recognition Act, Article 22, paragraph 2; Immigration Services Agency of Japan, "Guidelines for Permission for Permanent Residence (revised on October 1, 2026)" (in Japanese), Part 2, 2; Part 2, 5(2)–(4) and (6)–(10); Part 6; "Guidelines for Permission for Permanent Residence (revised on February 24, 2026)" (in Japanese), 1(3)
The documents to be submitted depend on your "current status of residence"
Separately from whether you can use the special provisions, the documents to be submitted differ according to your current status of residence. The ISA's list of documents to be submitted divides its columns by "current status of residence" (現在の在留資格).
| Applying while still under Dependent status | Applying after changing to "Spouse or Child of Permanent Resident" | |
|---|---|---|
| ISA page | Application for Permanent Residence 3 (永住許可申請3) | Application for Permanent Residence 1 (永住許可申請1) |
| Resident tax (Individual Inhabitant Tax) taxation certificate (課税証明書) and tax payment certificate (納税証明書) | Most recent five fiscal years | Most recent three fiscal years |
| Statement of reasons (理由書) | Required | Not included in the documents to be submitted |
| List of relatives (親族一覧表) | Not included in the documents to be submitted | Required |
| Documents certifying payment of pension contributions and health insurance premiums | Past two years | Past two years |
Source: Immigration Services Agency of Japan, list of documents to be submitted (summary version, for statuses other than work-related statuses of residence) posted on "Application for Permanent Residence" (in Japanese), "Application for Permanent Residence 1" (in Japanese), "Application for Permanent Residence 3" (in Japanese)
The page for Application for Permanent Residence 1 describes who it covers as "cases where the applicant is the spouse of a Japanese national, the spouse of a permanent resident or the spouse of a special permanent resident" (申請人の方が、日本人の配偶者、永住者の配偶者、特別永住者の配偶者のいずれかである場合). The page for Application for Permanent Residence 3 covers cases where the applicant has a work-related status of residence (就労資格) or the "Dependent" status of residence. A person with the Dependent status whose spouse is a permanent resident can be read as falling under both. When our office checked with the Nagoya Regional Immigration Services Bureau in April 2026, the answer was that a person with the Dependent status submits the documents for Application for Permanent Residence 3. We were also told that, for the 10 years of residence and the independent livelihood requirement, such a person is treated as the spouse of a permanent resident.
The self-check sheet (セルフチェックシート) provided on the page for Application for Permanent Residence 3 is for work-related statuses of residence, and its first question asks about residence of 10 years or more. ISA materials do not explain how a person with the Dependent status who uses the special provisions for spouses should answer this question (as of October 2026).
If you are unsure how to count the years or which category of documents applies to you, we will go over your history of residence in Japan and the timing of your marriage with you in our consultation on applications for permanent residence.
Apply while still under Dependent status, or change your status of residence first?
There are two approaches: applying while still under Dependent status, and applying after first changing to "Spouse or Child of Permanent Resident". The reading of the legal provisions in this section is our office's reading, not an explanation given by the ISA. We have not found any ISA material that specifically names people with the Dependent status whose spouse has become a permanent resident (as of October 2026).
Once your spouse receives permission for permanent residence, then on the text of the provisions, you no longer fall under the activities of the Dependent status. The Immigration Control and Refugee Recognition Act defines Dependent as "daily activities as a spouse or child supported by" (扶養を受ける配偶者又は子として行う日常的な活動) a person residing under certain statuses of residence in Appended Table I, such as work-related statuses or Student. "Permanent Resident" is a status of residence in Appended Table II and is not included here.
Article 22-4, paragraph 1, item 6 of the Act provides for the case where a person is residing in Japan without having engaged, continuously for three months or more, in the activities of a status of residence in Appended Table I. In this case, the Minister of Justice may revoke the status of residence. Cases where there are justifiable grounds are excluded. The provision says "may revoke" (取り消すことができる); the status is not revoked automatically once three months have passed. Before a revocation, there is a procedure for hearing the person's opinions (paragraph 2 of the same Article).
The same point is also relevant in the examination for permission for permanent residence. The criterion for Dependent (the criteria for landing permission) is being supported by a person residing under a status of residence such as a work-related status or Student. The Guidelines treat non-conformity with the criteria for the current status of residence as something to be evaluated negatively. If you apply while still under Dependent status, the question of how this point will be viewed remains.
How to choose between the two approaches
The differences are whether the point about the criteria for your current status of residence remains, the number of years the documents cover, and the time the change takes.
- Applying while still under Dependent status: you can apply without going through the change procedure. The point of whether you conform to the criteria for your current status of residence remains, and the resident tax certificates are for the most recent five fiscal years
- Changing to "Spouse or Child of Permanent Resident" first: your current status of residence matches your personal status. The resident tax certificates are for the most recent three fiscal years. Time is needed for the change application and its examination
If you want to apply for permission for permanent residence on or before March 31, 2027, you will need to decide which approach to take, also taking into account the time the change takes.
The status of residence for the spouse of a permanent resident is "Spouse or Child of Permanent Resident". To change from Dependent, the person concerned files an Application for Change of Status of Residence (在留資格変更許可申請) with the Regional Immigration Services Office that has jurisdiction over his or her place of residence, and the Minister of Justice decides whether to grant permission. The application can be filed from the time the grounds for the change arise until the date of expiration of the period of stay. If you apply for permission for permanent residence after the change, the documents to be submitted are those for Application for Permanent Residence 1.
Source: Immigration Control and Refugee Recognition Act, Article 20; Article 22-4, paragraph 1, item 6 and paragraph 2; Appended Table I, Table 4 (Dependent); Ministerial Order on Criteria (基準省令: the Ministry of Justice Order setting the criteria under Article 7, paragraph 1, item 2 of the Immigration Control and Refugee Recognition Act), section on Dependent; Immigration Services Agency of Japan, "Guidelines for Permission for Permanent Residence (revised on October 1, 2026)" (in Japanese), Part 2, 5(5); Appended Table II (Spouse or Child of Permanent Resident); Immigration Services Agency of Japan, "Revocation of Status of Residence (Article 22-4 of the Immigration Control and Refugee Recognition Act)" (in Japanese), "Application for Change of Status of Residence" (in Japanese)
Frequently Asked Questions
I cannot get resident tax certificates for all five fiscal years. Can I still apply?
Submit the certificates for the years that can be issued. The ISA advises that, if the municipality does not issue certificates for the most recent five fiscal years, you should submit those for the longest period that can be issued. When our office checked with the Nagoya Regional Immigration Services Bureau in April 2026, the answer was likewise that submitting certificates for the period that can be obtained is acceptable.
Our household receives public assistance. How will this be viewed if I apply under the special provisions for spouses?
Under the revised Guidelines, this is looked at under the "burden on the public" item of the national interest requirement. The ISA states that, where a person is receiving protective measures equivalent to the treatment under the Public Assistance Act (生活保護法), this "is considered to be a case of currently being a burden on the public" (現に公共の負担となっているものと考えられます). Whether there are special circumstances for having come to that situation is also considered in the examination.
If I, holding Dependent status, apply at the same time as my spouse applies for permanent residence, which documents do I submit?
A person with the Dependent status submits the full set of documents for Application for Permanent Residence 3 (confirmed by our office with the Nagoya Regional Immigration Services Bureau in April 2026). The special provisions for spouses presuppose that the spouse is a permanent resident. The order of examination when the applications are filed at the same time is not stated in the materials published by the ISA (as of October 2026).
Summary
Even if your status of residence is still Dependent, you fall within the special provisions for spouses for permission for permanent residence under the wording of the Guidelines if your spouse is a permanent resident. The required years are determined by the date you apply: for applications filed on or before March 31, 2027, three years or more of married life and one year or more of continuous residence; for applications filed on or after April 1, 2027, five years or more and three years or more.
You are not required to meet the good conduct requirement or the independent livelihood requirement, but the national interest requirement, including payment status and criminal penalties, is examined. The documents to be submitted differ according to your current status of residence; if you apply while still under Dependent status, they are those for Application for Permanent Residence 3. If you remain under Dependent status, the point of whether you conform to the criteria for your current status of residence remains. Please compare this with the approach of changing to "Spouse or Child of Permanent Resident" first before deciding.
As a first step, checking the date of your marriage, the date your residence in Japan began, and your payment status for resident tax, pension contributions and health insurance premiums will make it easier to decide when to apply.
References
- Immigration Services Agency of Japan, "Guidelines for Permission for Permanent Residence (revised on October 1, 2026)" (in Japanese; October 2026)
- Immigration Services Agency of Japan, "Guidelines for Permission for Permanent Residence (revised on February 24, 2026)" (in Japanese; February 2026; the version before the revision)
- Immigration Services Agency of Japan, "Results of the Public Comment Procedure on the Draft Revision of the Guidelines for Permission for Permanent Residence" (in Japanese; October 1, 2026)
- Immigration Services Agency of Japan, "Application for Permanent Residence" (in Japanese), "Application for Permanent Residence 1" (in Japanese), "Application for Permanent Residence 3" (in Japanese)
- Immigration Services Agency of Japan, "Revocation of Status of Residence (Article 22-4 of the Immigration Control and Refugee Recognition Act)" (in Japanese), "Application for Change of Status of Residence" (in Japanese)
- Immigration Control and Refugee Recognition Act, Article 20; Article 22, paragraph 2; Article 22-4, paragraph 1, item 6; Appended Table I, Table 4; Appended Table II
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