How Can You Help When Your Spouse or Fiancé(e) Is Detained by Immigration Due to Illegal Stay?

Even if your spouse or fiancé(e) has been transferred to immigration authorities (the Immigration Services Agency of Japan) and detained due to illegal stay (overstay) or similar reasons, there may still be a way to proceed with procedures while living in society rather than remaining in detention, depending on the circumstances. The main options are the traditional Application for Provisional Release, and the Supervision Measures System (alternatives to detention), which has begun operating following recent legal reforms. In addition, in cases where family relationships or humanitarian circumstances are strong, it may be possible to aim for Special Permission for Residence, which exceptionally allows residence in Japan even for those subject to deportation.

However, immigration procedures proceed step by step, and the slower the initial response, the fewer options may remain. Detention does not automatically mean immediate deportation, but in some cases procedures can move quickly. Therefore, family members must urgently confirm the facts and design an appropriate application strategy.

1. First, Understand the Flow of Immigration Procedures (Detention to Deportation Process)

When a violation of immigration law such as illegal stay is suspected, the individual is transferred to immigration authorities after police procedures or enforcement actions, and deportation procedures (examination) begin. What is important here is that immigration decisions are not based solely on the existence of a violation, but are made by comprehensively considering factors such as family relationships, living conditions, feasibility of departure, and risk of absconding.

While detention continues, it often becomes difficult for the individual to communicate with the outside world or gather documents. Therefore, family members play a crucial role in visits, communication, and organizing documents, and in organizing key facts in chronological order, such as “when, why, and how the illegal stay occurred,” “how the family has lived together,” and “how life will be rebuilt going forward.” This preparation directly impacts later applications for provisional release, supervision measures, or special permission for residence.

2. Ways to Secure Release: Differences Between Provisional Release and the Supervision Measures System

Traditionally, the primary system for temporarily allowing detained individuals to leave detention facilities has been provisional release. Provisional release temporarily lifts physical detention under certain conditions, allowing the individual to live at home or elsewhere. In recent years, however, from the perspectives of reducing long-term detention and allowing procedures to proceed in society while preventing absconding, the Supervision Measures System (an alternative to detention) has been introduced.

Under the supervision measures system, a supervisor (such as a family member, supporter, or professional) is appointed, and the individual continues social life under supervision while deportation procedures proceed. Conditions regarding residence and activities, as well as reporting obligations, may be imposed. Violations of these rules can result in revocation and re-detention.

Which option is appropriate depends on the case, but in practice considerations include the individual’s health condition, assessment of flight risk, availability of an address, securing a supervisor, and prospects for living expenses. In addition, employment (remunerative activities) may be strictly restricted depending on the stage, making it essential to plan how living expenses will be covered. Rather than relying on willpower alone, it is realistic to demonstrate financial stability through savings, support from sponsors, and household financial plans with documentary evidence.

3. Cases Where Special Permission for Residence May Be Pursued and Key Factors Often Considered

Illegal stay generally constitutes grounds for deportation; however, Special Permission for Residence is an exceptional measure that allows residence in Japan despite such grounds. Factors that are often emphasized include “the substance of the life built in Japan,” “the family’s legally protected interests,” and “the circumstances leading to the violation, reflection, and concrete measures to prevent recurrence.” For example, the following circumstances may form the basis for consideration (though they do not guarantee approval).

• A genuine marriage with a Japanese spouse, with clear evidence of shared living arrangements and household finances
• The presence of minor children, or a strong need for custody and caregiving
• Health-related reasons of the individual or other circumstances requiring humanitarian consideration
• Unavoidable elements in the history of past violations, along with concrete efforts toward improvement

In the case of a fiancé(e), the hurdle tends to be higher than for a legal marriage. Therefore, it is often necessary to carefully substantiate the reality of a “de facto marital relationship,” including the relationship history, cohabitation, shared finances, and understanding from family members. Where possible, organizing the status of marriage procedures (when legal registration can occur) according to the circumstances helps ensure consistency in the explanation.

4. What to Do at the Initial Stage (Preparations Families Can Make)

The period immediately after detention is often chaotic, but the success of an application depends heavily on “organizing the facts” and “the quality of the documentation.” First, please prioritize confirming and preparing the following points.

• Confirm the individual’s status: location of detention / means of contact / health condition
• Background of the illegal stay: when the period of stay expired and why renewal was not possible
• Family relationship documents: family registry, marital relationship, proof of cohabitation, photos, household expense records (rent, utilities, etc.)
• Living foundation: address, receiving party, savings, availability of supporters, future living plan
• Consideration of a supervisor: who could serve in this role if supervision measures are pursued

The key is not “quantity” but consistency. Create a chronological memo and structure your submission so that your assertions and evidence point in the same direction. Also, applications are not a matter of “the faster, the better”; it is crucial to prepare a necessary and sufficient package within a limited time. Acting without preparation can sometimes result in explanations that are actually disadvantageous.

5. Frequently Asked Questions

There is a possibility; however, compared with a legal marriage, it is often necessary to demonstrate the “strength of the family relationship.” Carefully organize evidence of the relationship itself, cohabitation and support arrangements, and concrete plans for marriage (status of procedures), and present a clear explanation of “why this relationship should be protected at this time.”

It cannot be said categorically. While procedures may proceed quickly in some cases, in others they may take time depending on the stage of the process and individual circumstances. However, to preserve available options, it is important to establish a strategy early for “provisional release / supervision measures” and “special permission for residence,” and to gather the necessary materials and prepare explanations.

If the following six points are known, an initial assessment can be made more quickly: “where the individual is detained,” “when the period of stay expired,” “the substance of the marriage (or engagement),” “cohabitation and household finances,” “availability of savings or support,” and “health condition.”

6. For Those Troubled by the Detention of a Spouse or Fiancé(e)

Procedures following the detention of a spouse or fiancé(e) are mentally and temporally demanding. Precisely because of this, it is important to organize early on “which system to use” and “which facts to prove and how”. If you are unsure, we recommend sharing your situation as soon as possible so that we can design the shortest and most appropriate route together.

7. 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?