I Want to Bring Back My Spouse Who Has a History of Deportation (Illegal Stay) and Obtain a Spouse Visa

2. First Things to Confirm: When and How the Departure Occurred

The first step in assessing the possibility of re-entry is to organize the factual background. Specifically, you should confirm the following:

• The date of departure (this determines when the entry ban period starts)
• Whether it was “deportation” or a “departure order” (voluntary departure under simplified procedures)
• The nature of the violation (simple overstay only, or involvement of fraud, false statements, or criminal cases)
• Whether there were any prior similar violations or deportations

In particular, “deportation” and “departure order” may seem similar but have different legal implications, including different entry ban periods. Even if the individual believes they were forcibly deported, the case may have been processed as a departure order in legal terms. Therefore, if possible, it is safest to confirm using official documents or records from that time.

3. If the Entry Ban Period Is Still in Effect: Considering Special Permission for Landing

If you strongly wish to enter Japan even though the entry denial period has not yet expired, the option to consider is Special Permission for Landing. This is a system under which, for individuals who would ordinarily be denied landing, entry may be exceptionally permitted if special circumstances are recognized.

As an important point, there is no independent application form specifically called “Special Permission for Landing.” In practice, this permission is sought within the framework of a visa or COE application, on the premise that the applicant is still within the entry ban period. Therefore, even more than with a standard spouse visa application, the structure and consistency of the Statement of Reasons and supporting evidence are crucial.

4. Key Points Often Emphasized in Examination (Special Circumstances & Protection of Family Interests)

Decisions on Special Permission for Landing involve a high degree of discretion, and there are no uniform criteria such as “approval is guaranteed if these conditions are met.” In practice, the following perspectives tend to be particularly important.

1.Seriousness of the Violation and Remorse / Prevention of Recurrence

Whether the case involves a simple overstay or includes fraud, false statements, or forgery significantly affects how it is assessed. It is also important to clearly explain the circumstances at the time, demonstrate genuine remorse, and present concrete measures to prevent recurrence.

2.Protection of Family Interests (Substance of Marriage, Presence of Children, Living Conditions)

Authorities will examine whether the marital relationship continues in substance, whether there is anything unnatural about the process leading to marriage, the living situation and financial support capacity of the Japanese spouse, and, if there are children, the impact on the child’s life and welfare. You must carefully explain why an exceptional entry permission is necessary.

3.Time Elapsed and Stability

How much time has passed since departure, whether the current life situation is stable, and whether an adequate reception system in Japan (housing, living expenses, support) is in place are also important factors in the assessment.

5. Documents to Prepare (How to Think About Evidence)

What often determines success or failure is not merely the explanation of circumstances, but the objective evidence that supports those explanations. Depending on the case, the following types of documents are commonly considered (selection must be tailored to the individual situation).

・History of the relationship through marriage (chronological notes, photos, travel history, excerpts of communication records)
・If living apart, reasons for separation and actual interaction (travel records, meeting history, remittances, living support)
・Reception system in Japan (housing, support plan, household budget, employment documents, savings)
・Materials explaining the circumstances leading to deportation (situation at the time, written reflection, concrete prevention measures)
・If there are children, documents showing their living situation and need for care

The key is not “the more documents, the better,” but ensuring that the narrative (timeline) and the documents are consistent and free of contradictions. Conversely, collecting documents without clear explanations can appear unnatural. We recommend first organizing the timeline and issues, and then preparing the supporting materials accordingly.

6. Procedure Flow and Important Notes (Avoid Mistakes About “What to Apply For”)

A typical flow is:
(1) Organize the situation →
(2) Decide the policy (wait for the ban period to expire / aim for Special Permission for Landing) →
(3) Prepare documents and draft the Statement of Reasons →
(4) Apply for a Certificate of Eligibility (COE) or similar →
(5) Visa procedures →
(6) Examination at the time of landing.

As an important caution, cases within an entry ban period can be high-risk if handled with the same mindset as an ordinary spouse visa application. For example, if explanations of past violations are insufficient, the reception system is weak, or the relationship history is inadequately demonstrated, additional documents may be requested and the examination may become prolonged.

Conversely, if the entry ban period has already expired, it may be more reasonable to proceed as a standard spouse visa (COE) application rather than pursuing Special Permission for Landing. Accurately determining whether an entry ban period remains is the essential starting point.

7. Summary: Cases Where You Should Wait vs. Cases Where You Should Act

When attempting to bring back a spouse with a history of deportation, rushing the process can actually increase the difficulty. First, confirm whether an entry ban period applies, and distinguish between cases where waiting for the period to expire is reasonable and cases where Special Permission for Landing should be considered due to family circumstances.

In either route, what matters most is not simply being “married,” but presenting the substance of the relationship, stability of life, and consistency of explanations in light of past violations in a persuasive manner through documents and evidence.

Cases involving deportation histories vary greatly depending on individual circumstances. Organizing the facts early and proceeding with a realistic, well-considered strategy is the most reliable path toward re-entry into Japan.

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?