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Extra Delay for a SECOND Spouse VISA Application?

Lauchan

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Hello,

(I have posted another question on this forum but this is a separate question that I would like to treat separately so don't worry about the other thread if you have read both please :))

Here is the situation;

I am a Canadian citizen.

2007, I got married in Japan to a Japanese national.
I applied succesfully to a Spouse VISA at the time.
In 2010, we divorced and I came back to Canada.
There is no pending trouble with my previous wife, no children, everything is as good as it can be (which means not so much lol, but you get it ;)).

Moving on with my life, I ended up marrying another citizen of Japan in 2015.
C'est la vie, eh? :)
Our wedding was in Japan and is registered in both countries.
We both live in Canada at the moment (she has Permanent Resident Status here) and we now have a 6-month old son, born in Canada, and registered in both countries as well. He has both Canadian and Japanese nationalities.

We are planing to go live in Japan and apply for a Spouse VISA for me.

My question is so-forth;

How much more difficult is it to ask for a SECOND Spouse VISA from a different mariage in Japan?
Both my weddings were and are perfectly legitimate, legal and genuine in a provable way, and I never had any problems with Japanese law or immigration. But I am just wondering how much delay it may or may not add to my application process (that is usually quite fast)?

If any of you have similar experience, please let me know :)

Regards,
 

Glenski

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You should have merged the threads. No reason for 2 questions on separate threads.

The fact is, you and your wife are unemployed. To get that spouse visa, you are quite probably going to have to prove there is an income in the family. You even admit to having a dearth of savings and credit cards, so that works against you, too. Forget any second spousal visa delays. You need to apply, period, and they will probably just look at your current situation. Who can say whether the divorce will work against you, but I suspect it will to some degree, and that means all the more that you will need to show some level of income.

Get your mother-in-law's sponsorship. When I got married, I was between jobs, and my wife was only a temp worker, so we used her recently retired father as a sponsor. I got the visa easily.

What is your time frame for coming here? If there is no rush, then get a job first.
 

Lauchan

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Thanks for your answer Glenski,

I guess I was thinking about people referencing to the topic in the future, the two questions are linked in my situations, but they are not in the abstract and some people can have one of the problem withtout the other hehe. But yeah I probably overthought that part for nothing.

I am just wondering how we can prove we have an income if we don't have the right to work? I mean, isn't it logical that we are unemployed when we are applying for a permit to work?

For the time-frame, we're in no "panic hurry", I'd say we have at least 6 months before us, and potentially more if needed time is not our primary concern. We're doing fine in Canada, outside of the fact that we hate the winter here but that we can deal with if necessary ;)

In the end we might go with the mother-in-law sponsorship and that would be fine, but if so that means going much later than what we would like to. Anyway, that's another topic hehe.

About "getting a work first" what do you mean? Are you implying that I should try to find an employer who would hire me without a VISA on the basis that I will get one in the next 2 months and that this would somehow help me get the VISA faster even if I have obviously not started working and getting a salary yet??
 

Glenski

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I am just wondering how we can prove we have an income if we don't have the right to work?
Bank statement will suffice. But if neither of you has a job, then how do you expect immigration to agree to issuing a spousal visa? I wouldn't. Someone has to be making money between the two of you, otherwise you are a risk to yourselves and society.

I mean, isn't it logical that we are unemployed when we are applying for a permit to work?
You lost me. Your wife is Japanese and doesn't need to show anything about her income when she applies for work in Japan. She also doesn't need a work permit here.

As for you, I would have thought you knew the process for getting a work visa here. Step 1: get hired. Step 2: apply with the employer for a work visa.

But you were talking about a spousal visa, not a work visa. What gives?

For the time-frame, we're in no "panic hurry", I'd say we have at least 6 months before us
Actually, that is a bit of a rush. As you should already know (and your wife, too), most jobs begin in April, which means hiring takes place from August to February, depending on the vocation. So, if it's work you want and need, get on the stick now and find something. That'll give you a work visa (or a job for her to help serve as your money-maker for the spousal visa).

About "getting a work first" what do you mean? Are you implying that I should try to find an employer who would hire me without a VISA on the basis that I will get one in the next 2 months and that this would somehow help me get the VISA faster even if I have obviously not started working and getting a salary yet??
I think I just answered that. Let me know if I didn't.
 

Lauchan

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Thank you for your answer Glenski,

1) We probably have a different view on nationalism and protectionism then, but that's beside the point.
I believe a visa does not only show if you are an asset to a society or not, but can also show if you have the legitimate right to be in a country or not. I guess my broader question is this; is Japan considering I have the right for a spouse visa on the only basis that I am a husband and father of Japanese nationals, or do they need further motivations. I guess you answered that indirectly and it appears to be the latter. No need to make it sound obvious tho, it is not necessarily the same for all countries :)

2) "a permit to work" was missleading and I am sorry, but I still meant the spouse visa, which is also a permit to work, but I understand the confusion. I know the process the get a "work visa" indeed. At this moment this is not what I am planing to do because that didn't seem like our smoothest option so far. If it becomes it I might change my mind.

3) You are making a lot of assumptions sir :) The industry I was working for did not have typical "start in April" conditions. As for my wife, she was an autonomous worker for all her career as well, she has never been hired in a traditionnal company. But thanks for the information. Maybe this is where we are completely wrong though and you might be right, but we were hoping to first get a foot in Japan, get into a transitioning position (part-time jobs, teachings, small appartement, etc.) and from there settling down and finding more permanent accomodations. I am still under the impression that this is feasible, but I understand that your advice is to do the "right" thing from the start.

As for the rush vs no-rush, yeah no I understand that 6 months is actually quite fast :) But as I said, it is 6 month minimum, we can also take a year or even two, so there is no "rush" - I was basing my answer on different topic I had read on this forum with many people in much more pressing matters unfortunately for them :( with problems to solve in within some month. I was simply saying that this is not our case. However we are wishing to go as soon as possible, but this is a different matter.
 

Mike Cash

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I believe a visa does not only show if you are an asset to a society or not, but can also show if you have the legitimate right to be in a country or not. I guess my broader question is this; is Japan considering I have the right for a spouse visa
The fact that there is an application process which can be approved or denied is all the proof one needs that there is no "right" (legitimate or otherwise) for you or any other non-citizen to be here.

People with citizenship have the right to be here. People with visas have permission to be here.

You have no "right" to have a visa granted. You have no "right" to have a visa renewed. And you can have your visa revoked and be forcibly thrown out of the country and even be permanently barred from ever entering again.
 

Glenski

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We probably have a different view on nationalism and protectionism then, but that's beside the point.
Correct. It's irrelevant. So why even bring it up?

I still meant the spouse visa, which is also a permit to work, but I understand the confusion. I know the process the get a "work visa" indeed. At this moment this is not what I am planing to do because that didn't seem like our smoothest option so far. If it becomes it I might change my mind.
Then get the spousal visa. You can do that through the Canadian embassy, I think, even before you come to Japan. Then you can apply for work before or after landing.

I have the right for a spouse visa on the only basis that I am a husband and father of Japanese nationals
Being a father is irrelevant. Spousal visa means you have a legal Japanese spouse. Nothing more.

You are making a lot of assumptions sir :emoji_smile: The industry I was working for did not have typical "start in April" conditions.
Read my last message more carefully. I wrote "most jobs".

we were hoping to first get a foot in Japan, get into a transitioning position (part-time jobs, teachings, small appartement, etc.) and from there settling down and finding more permanent accomodations.
Then stay in LeoPalace21 or with your MOL and transition in. That seems to be the smoothest thing. I'd say your first priority is a toss up between deciding on where to live initially and getting your visa, but it seems that it'd be a whole lot more sensible to get the visa first.
 

Vincent3

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I remember my application for a spousal visa having some questions that seemed to be asking about the quality of my marriage. When I accidentally overstayed my spousal visa by a couple of weeks (not recommended) and had to apply for special permission for a new visa, we had to answer additional questions about our overall stability. As Mike says, they clearly don't see your marriage to a Japanese national as invoking a right to a visa.

But what does it matter? You need to apply regardless.

Since you're bringing it up, please do come back and tell us if your divorce adds extra scrutiny to your visa application.
 
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