Can a Foreigner Applying for Refugee Status (Designated Activities) Change to a Spouse Visa After Marriage?

Many foreign nationals described as “applying for refugee status” in Japan are granted the status of residence “Designated Activities” depending on the stage of their application. Although it is commonly referred to as a “refugee visa,” the formal classification is Designated Activities associated with a refugee status application or related procedures.

In conclusion, there are actual cases in which foreign nationals holding the status of residence “Designated Activities” while applying for refugee status were permitted to change their status to “Spouse or Child of Japanese National” after marrying a Japanese national. Past cases confirm that applications to change from Designated Activities during refugee application to a spouse visa have been accepted and approved.

However, it should be noted that this category is assessed far more carefully by Immigration than ordinary changes from student or work visas to a spouse visa.

1. What Is the Status of Residence “Designated Activities” During Refugee Application?

Foreign nationals who apply for refugee recognition are granted, depending on their situation, the status of residence “Designated Activities” in order to secure their legal status during the examination period. This type of Designated Activities differs from ordinary work-related or status-based visas and is a highly specialized status granted with the involvement of the refugee examination division.

As a result, it differs in nature from visas such as work or student visas that are “routinely handled within the ordinary framework of status changes,” which leads to the difficulty of examination discussed below.

2. Is It Legally Possible to Change to a Spouse Visa?

The status of residence “Designated Activities” is a legitimate status under the Immigration Control Act. Therefore, under the law, submitting an application to change from Designated Activities to another status is not inherently problematic.

In practice, just as with changes from student or work visas to a spouse visa, the fundamental criterion is whether “the marriage to a Japanese national is genuine and substantive.”

There are actual cases in which a change from Designated Activities during refugee application to “Spouse or Child of Japanese National” has been approved, and it cannot be categorically stated that such a change is impossible.

3. Why Are Changes from Refugee Visas Examined Carefully?

The core issue lies in the nature of the refugee application system itself. Refugee applications are based on the premise that the applicant requires protection because they cannot return to their home country due to a risk of persecution.

Therefore, when a foreign national who was applying for refugee status later expresses a desire to remain in Japan for a completely different reason—namely, because they wish to stay in Japan after marrying a Japanese national— Immigration carefully examines the consistency between these reasons.

In other words, this represents a shift to a fundamentally different basis for residence, making it essential to clearly explain “why it is necessary to change to a spouse visa while continuing the refugee application.”

4. Precautions When the Remaining Period of Stay Is Short

Particular caution is required when the period of stay under Designated Activities is close to expiration. In practice, when the residence period is nearing its end, Immigration may take the position that “priority should be given to organizing the refugee application or residence status first,” and as a result, may not accept an application to change to a spouse visa at that stage, or may require careful prior confirmation.

For this reason, if you are considering marriage, it is extremely important not to wait until the last minute before the period of stay expires, but to organize the overall strategy at an early stage.

5. Importance of Explanation When Changing Without Withdrawing the Refugee Application

In theory, there are situations in which it may be considered more straightforward to first withdraw the refugee application, return to one’s home country, and then re-enter Japan after obtaining a Certificate of Eligibility (COE) as the spouse of a Japanese national.

Nevertheless, if there are circumstances that require changing to a spouse visa within Japan while continuing the refugee application, it is essential to carefully explain the rational reasons for doing so.

If this explanation is insufficient, it may lead to an unfavorable assessment, such as suspicion that the applicant is “selectively using residence statuses.”

6. Practical Points to Increase the Likelihood of Approval

When applying to change to a spouse visa during a refugee application, the following points are particularly important.

• That the marriage with the Japanese national is genuine and substantive (relationship history, cohabitation, shared livelihood)
• Explanation of the relationship and consistency between the refugee application and the spouse visa application
• Rational reasons why the change must be made within Japan
• Appropriate management of the period of stay and application timing

Rather than making a formalistic judgment of “possible or impossible,” how you present arguments and evidence in light of your individual circumstances will significantly affect the outcome.

7. For Those Struggling with a Spouse Visa While Applying for Refugee Status

As explained above, changing from a refugee visa (Designated Activities) to a spouse visa is more difficult to assess than ordinary status changes, making advance evaluation and careful explanation design especially important.

At ACROSEED Immigration Lawyer's Office, for cases in which individuals applying for refugee status marry a Japanese national or permanent resident, we comprehensively review the residence status, the background of the refugee application, and the substance of the marriage, and propose the most appropriate procedural strategy.

Due to the special nature of refugee visas (Designated Activities), determining whether a change is “possible” or “not possible” is extremely difficult. However, since approved cases do exist, it is important to assert and substantiate your case in accordance with your own circumstances.

8. Support System of ACROSEED Immigration Lawyer's Office

A spouse visa application is not only about collecting documents. It is essential to proactively align the entire set of materials by anticipating the points Immigration is likely to check.
From the initial planning stage, our office identifies potential risk factors and provides end-to-end support—covering submission order, supporting documents, and the overall strategy for the Statement of Reasons.

Nationwide support: Managed mainly via email and online. Clients outside the area receive the same quality of support.

Multilingual support: Consultations available in English and Chinese.

Clear progress tracking: Check application status and required documents through an online system.

Support for difficult cases: Extensive experience with cases likely to face closer scrutiny, including re-applications after denial.

Transparent fees: Clear fee structure designed to minimize unexpected additional charges.

Support even after a denial: If denied, we provide a free re-application and thorough support until approval.

Information security: We properly manage personal information under operations based on ISO27001.

Pages Often Read Together When Applying for a Spouse Visa of a Japanese National

[FY2025 Edition] Spouse Visa of a Japanese National (Marriage Visa) Application Guide

An administrative scrivener explains the requirements for obtaining a spouse visa (marriage), working under a spouse visa, applying for permanent residency from a spouse visa, what happens in the event of divorce under a spouse visa, required documents, and more.

[FY2025 Edition] Spouse Visa of a Japanese National Renewal Procedures Guide

Renewal procedures for a Spouse Visa of a Japanese National (Marriage Visa). An administrative scrivener explains the required document checklist, how to avoid denial cases, and key points to prove eligibility for obtaining a 3-year or 5-year period of stay.

Applying for Permanent Residency from a Spouse Visa of a Japanese National

At ACROSEED, we have a proven track record not only with first-time spouse visa applications, but also with cases that were denied multiple times when filed by the applicant alone, as well as procedures for those with past legal violations or a history of overstaying—across a wide variety of situations.

For More Detailed Questions About the Spouse Visa System

Please explain the requirements for obtaining a Spouse Visa of a Japanese National in detail
Periods of stay for a Spouse Visa of a Japanese National: Differences between 1 year, 3 years, and 5 years
Required documents & Statement of Reasons for a Spouse Visa of a Japanese National: Key examination points and preparation tips (Latest Edition)
How to invite a foreign spouse living overseas to Japan with a COE
Can we apply for a Certificate of Eligibility while both spouses remain overseas?
Changing from a short-term visa to a Spouse Visa of a Japanese National: General rules and exceptions
How to change from a student/work visa to a spouse visa
My spouse visa application was denied (COE not issued). Can I re-apply?