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On June 2nd, Suzuki Takako, State Minister for Foreign Affairs, made a promising statement at the House of Councilors, Foreign Affairs and Defense Committee regarding same-sex couples hoping to reunite with their partners in Japan. And while it doesn’t quite acknowledge same-sex partners as legal spouses (yet), this mention marks a positive step forward.
Same-Sex Partners Struggle to Reunite
Japan has notably had some of the toughest border restrictions in the world throughout the pandemic. Since the beginning, the Japanese government enacted an entry ban on all non-resident foreigners. Even when they started to (very slowly) relax restrictions to allow family in, only those within the first (and later second) degree of kinship could enter.
Unfortunately, this left those in same-sex partnerships out in the cold. Despite Japan’s recent efforts toward equality through the partnership system, which recognizes same-sex relationships as civil unions, it still does not equate to ‘legal marriage’. This continues to make it difficult for same-sex partners to receive the same benefits as those in heterosexual marriages.
(You may recall last month when an – understandably – angry protestor at Tokyo Rainbow Pride spoke out against Japanese insurance company, AXA, for denying spousal benefits to him and his partner when renewing their insurance.)
In the case of border control, this lack of recognition means that not only are same-sex foreign partners ineligible for residency via spousal visas, they don’t even fall into the ‘family’ category. This essentially placed them in the same group as tourists – until recently.
New Revisions to Japan’s Border Controls Offer Promise
On June 1st, the Japanese government announced a new revision to border restrictions, allowing foreign visitors for short-term stays (90 days or less) for a variety of (non-tourism) reasons. One of those reasons includes visiting family who live in Japan. The latest revision expands that definition to include extended family, as well as those ‘equivalent to family’. This includes fiancés and common-law partners. [1]
(The revision also allows entry to those visiting for a wedding or funeral, to visit a sick acquaintance, or to take care of other needs recognized as necessary by the inviting person, who must be a Japanese resident). [4]
Same-Sex Couples Acknowledged as ‘Family’
During the meeting, Mitsuo Takahashi, a representative of the Komeito party, put forth a question to Ms. Suzuki Takako regarding the revision. He asked for confirmation on the definition of ‘equivalent to family’, and if it applies to foreign spouses and those in same-sex relationships. Suzuki responded that it did indeed include same-sex partners, whether engaged or in a civil partnership. [1]
(You can watch that part of the discussion below. Mr. Takahashi’s question begins around the 49-minute mark, followed by Ms. Suzuki’s response:)
However, as promising as this may sound, that doesn’t mean you can just hop on the next plane. There are still certain procedures to follow. One of these procedures requires having the person you intend to visit (who must be a Japanese resident) fill out a special ‘letter of invitation’ and ‘written pledge’ on your behalf. This is to confirm that you are indeed visiting family and not just trying to sneak in for a tourist trip. You will also need to provide proof of relationship. [4]
Residency for Same-Sex Partners: A Hopeful Next Step?
Suzuki Masako, a lawyer well-versed in the issues faced by Japanese and foreign same-sex couples, states, “This is a very significant step to include same-sex couples in the same group as ‘those equal to family’.” However, she also recognizes that same-sex partners from a country in which the couple’s marriage has been legally recognized should also be allowed to apply for residency as a spouse. [1]
Although no official plans appear to be in the works just yet, this baby step forward offers a glimmer of hope for those still in wait.
RESOURCES
[1] 同性外国人パートナー、入国可能に コロナ水際対策で副外相見解. 毎日新聞
[2] Measures for Resuming Cross-Border Travel. Ministry of Foreign Affairs of Japan
[3] Regarding denial of landing to prevent the spread of COVID-19 (novel Coronavirus). Ministry of Justice
[4] Japan allows visits by extended family, fiancés and common-law partners. The Japan Times
Links to documents mentioned in article (via Ministry of Foreign Affairs of Japan):
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