This article is written by a Japanese local.
It is not uncommon for international students studying at Japanese universities or vocational schools to discover they are pregnant during their studies and be forced to take a leave of absence for childbirth.
When faced with this situation, many international students mistakenly believe that “as long as I process the leave of absence with the school, I can stay in Japan on my Student Visa.” However, under the Immigration Control Act, this is an extremely dangerous misconception that can directly lead to the revocation of your status of residence. In this article, we explain the legal red lines associated with pregnancy and a leave of absence, and the logical visa change procedures required to safely give birth in Japan.
1. The Reality: Maintaining a “Student Visa” During a Leave is Generally Impossible
The Student Visa is a status of residence granted with the sole purpose of “receiving education at a Japanese educational institution.” Under the Immigration Control Act, if you do not engage in your primary activities for “3 months or more” without a justifiable reason, your status of residence is subject to revocation.
Pregnancy and childbirth are recognized as “justifiable reasons” for taking a leave of absence. However, this does not mean you are permitted to “maintain your Student Visa while not attending school for a long period.” Since you are not studying, you fall outside the fundamental requirements of the Student Visa, and you must promptly change to another appropriate status of residence or return to your home country.
2. Two Realistic Options to Legalize Your Stay in Japan
If you choose to stay and give birth in Japan instead of returning to your home country, you must change your status of residence using one of the following approaches.
- Option A: Change to a “Designated Activities” Visa: You apply for a change to a “Designated Activities” (Tokutei Katsudo) visa as a special exception due to the temporary medical circumstances of childbirth. Usually, a stay of several months to half a year is granted. However, during this period, working (part-time jobs) is strictly prohibited in principle.
- Option B: Change to a “Dependent” Visa: If your spouse (husband) is already working in Japan on a work visa such as “Engineer/Specialist in Humanities/International Services,” you can apply to change your visa to a “Dependent” (Kazoku Taizai) visa under his financial support.
3. Three Mandatory Proofs to Clear the Immigration Screening
When applying for a change to a Designated Activities visa, you must use objective evidence to dispel the Immigration Bureau’s suspicions: “Will she really return to school after childbirth?” and “How will she cover her living expenses in Japan?”
- Medical Certificates: A “medical certificate” (Shindansho) confirming the pregnancy, expected delivery date, and doctor’s instructions, along with a copy of the Maternal and Child Health Handbook.
- Proof of a Solid “Intention to Return to School”: In addition to a “leave of absence certificate” issued by the school, you need a logical “return-to-school plan” detailing exactly when you will resume your studies after childbirth and how you will balance childcare and studying (e.g., plans for utilizing a daycare center or support from relatives).
- Financial Proof for Childbirth and Living Expenses: Since you cannot work part-time during your leave, you need “overseas remittance records” or “certificates of sufficient bank balances” demonstrating how you will cover the high medical costs of childbirth and living expenses in Japan.
Changing your visa during pregnancy requires cooperation from your school and meticulous document preparation based on the Immigration Control Act. If you hide the fact of your leave to continue working part-time, or if you neglect the procedures, you will be subject to deportation for illegal work or overstaying. If you have concerns about the procedures or have complex circumstances, the most reliable method is to consult with qualified professionals, such as administrative scriveners or lawyers, before taking action to construct a legally safe approach.