Australian Embassy in (2023)

Disclaimer: Any information contained on these pages relating to the legal system in Japan is provided for general information only. Independent legal advice should be sought from Japanese legal professionals for specific information relating to individual cases.

Domestic Japanese Family Law and Child Custody

Japanese family law is very different to Australian law. Child custody, child access and divorce decisions within Japan are based on Japanese family law. After divorce, only one parent retains legal parental responsibility for the child.

If you are involved in domestic family law disputes in Japan, consider contacting a lawyer in Japan for advice and to assist with your court proceedings. See here for a list of English speaking lawyers in Japan: https://japan.embassy.gov.au/tkyo/legal.html

Please be advised that the Australian Government does not have jurisdiction to intervene in Japanese legal proceedings.

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Child Custody in Japan

In Japan, married parents have joint custody and responsibility of their children, unless there is a court order which indicates otherwise. Foreign court orders are not automatically recognised in Japan, but may be considered under certain circumstances.

The mother has sole custody and responsibility when children are born to unmarried parents. The father may be unable to have his details registered on the birth records of the children at Japanese municipal offices. Regardless of the nationality of the parents, birth records in Japan are registered and managed in accordance with Japanese laws and regulations.

When parents divorce, they must agree on who will take the sole custody of their children and responsibility. The Japanese family courts will provide mediation to facilitate a decision, but if the parents are still unable to reach an agreement, the court will determine the custody of the children via a court judgement. Family courts in Japan generally consider that it is in a child’s best interests for them to remain in their “usual place of residence”, therefore courts usually give sole custody and parental responsibility to the parent who has taken care of the child most recently.

Parental Child Abduction within Japan

The abduction of a child by a parent may not be considered a criminal offence in Japan. To establish a sound understanding of their legal rights, obligations and potential action that can be taken, the left behind parent should seek advice from a Japanese lawyer as well as consider reporting the situation to the police in Japan. However, Japanese law enforcement tend to view family disputes as private family matters and therefore can be reluctant to intervene.

The Australian Government does not have the authority to force the taking parent or the Japanese courts to return a child, grant regular access/visits or intervene in negotiations between parents. Left behind parents should establish communication with the taking parent in order to settle an agreement under Japanese law through court mediation. Left behind parents are able to pursue custody or visitation (access) through the Japanese family courts so it is important for parents to seek specialist local legal advice.

If you believe you are not being treated fairly under the Japanese legal system, you should consult your Japanese lawyer as well as consider reporting your situation to the Japan Federation of Bar Associations (JFBA).

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Family Courts in Japan

During the divorce and custody mediation, if the left behind parent wishes to obtain an update on their children’s situation and welfare, they may request the family court to conduct an investigation (by court-appointed investigators). The courts will compile an investigation report after the conclusion of the investigation (in Japanese). The content of the investigation may differ depending on the specific family court and each individual case.

If visitation rights are granted through a court judgement (when an agreement was not reached through mediation between the parents), but the taking parent does not comply, the courts may order monetary compensation to be paid to the other parent until there is full compliance with the court decision. The common court decided visitation arrangement would be monthly half-day visits. Court judgements may differ significantly case by case.

Please be advised that the Australian Government cannot intervene in the decision-making process of the Japanese courts. Domestic child custody cases are processed under Japanese family law.

Children Travelling Out of Japan

There are no specific legal requirements for a child to be permitted to leave Japan. A parent who has legal and/or physical custody of their children has the right to take them out of Japan. There are no judicial procedures to implement a “travel restriction” to prevent a child from leaving Japan.

Australian Passport

In order for a minor with Australian citizenship to be issued an Australian passport, both of the child’s parents/guardians must consent and sign the corresponding sections of the passport application form. Without full consent, the only way to guarantee a passport is by the provision of an Australian court order.

“Child Alerts” can be requested to be recorded on a child’s Australian passport. A child alert does not guarantee that the Australian Passport Office (APO) will refuse a passport to the child. If APO determines that the child is entitled to a passport by law, APO will issue a passport even if there is a child alert. If the child already has an Australian or foreign passport, a child alert will not cancel the passport or stop travel.

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See the Australian Passport Office’s website for more information:

https://www.passports.gov.au/getting-passport-how-it-works/how-get-child-passport/child-alert-requests

Japanese Passport

According to the Ministry of Foreign Affairs of Japan, when a minor with Japanese citizenship applies for a Japanese passport, only one parent/guardian must sign the “Legal Representative Signature” section on the passport application. An application signed by one parent is accepted under the assumption that the signature is a representation of consent from both parents/guardians.

However, if one parent/guardian submits a written refusal to a passport office in Japan, or a Japanese Embassy or Consulate abroad, a minor’s passport will only be issued after it has been confirmed that both parents/guardians consent to the minor’s passport application.

See the Ministry of Foreign Affairs of Japan’s website for more information:

https://www.mofa.go.jp/announce/info/pdfs/notice_for_parents.pdf

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Other Resources in Japan

The Japan Legal Support Centre (Ho Terasu) may provide free legal counselling for some foreign nationals with low income.
Enquire with them directly for more information: https://www.houterasu.or.jp/en/

The Japan Federation of Bar Associations provides a link to legal counselling for foreign nationals by various bar associations (generally charged, but free counselling provided for some individuals with low income).
Enquire with them directly for more information: https://www.nichibenren.or.jp/en/

International Child Abduction – The Hague Convention

Australia and Japan are both parties to The Hague Convention on the Civil Aspects of International Child Abduction.

If you are involved in parenting or other family disputes in Australia, and/or are considering removing your children from Australia, consult a lawyer before you leave Australia for advice on how the Hague Convention and Japanese family law may affect your family.

If you have concerns that your child may be removed from Australia without your consent, you may wish to contact the Australian Federal Police for advice about placing your child’s name on the Family Law Watchlist. You can find information about doing this at https://www.afp.gov.au/what-we-do/crime-types/family-law-kit#thefamily. The Family Law Watchlist mechanism is designed to alert relevant authorities to the movement of children and it identifies whether children are leaving Australia’s borders.

If you're concerned that your child has been wrongfully removed from Australia or detained in Japan, contact theAttorney-General's Departmentin Australia.

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English Speaking Lawyers in Japan – Family Law Specialists

The names and contact details of lawyers practicing in Japan appearing above has been compiled by the Department of Foreign Affairs and Trade (DFAT) from publicly available information. DFAT does not endorse any of the lawyers appearing in this list, provides no guarantees as to its currency and does not accept any liability if you choose to engage one of these lawyers to provide legal services. The lawyers are listed in no particular order.

FAQs

How do I prove sufficient funds for Australian student visa? ›

You can provide evidence your parents or your partner had a personal annual income of at least AUD62,222 in the 12 months immediately before you apply. If you bring family members, you must demonstrate your parents' or partner's income is at least AUD72,592.

What are the chances of visa rejection for Australia? ›

The total Australian student visa rejection rate in 2020-2021 declined 32% from 2019-2020.

What happens if you lie on an Australian visa application? ›

Section 234 of the Migration Act 1958 (Cth) prescribes a maximum penalty of 10 years in prison for a person who provides false documents, or false or misleading information, relating to non-citizens.

Is Australian student visa difficult to get? ›

Australia Student visa: Compared to other countries, it is easier to get a student visa for Australia. Students wanting to study in Australia must meet certain requirements to qualify for a visa. Once you are enrolled in a full-time study course you can apply for a visa under Subclass 500.

Does Australian Embassy verify bank statements? ›

The Australian and Canadian Embassies require only the bank statement. The Chinese, Korean, and most Schengen embassies ask for BOTH certificate AND statement.

How much bank balance is required for Australian visa? ›

These financial requirements for Visitor Visa Australia generally include bank statements for the past 3 months with a closing balance of at least $ 5,000 AUD per applicant, payslips, audited accounts, taxation records, or credit card limits.

Why do Australian visa gets rejected? ›

Character Requirements Failure: Failure to meet the Australia student visa's character requirements will result in a clear rejection. In case your student visa is denied on character grounds, you might not be given another visa. You must be of good character to visit or live in Australia.

In what cases visa gets rejected? ›

Reasons for visa refusal

If you have a past history of criminal activities against you. If you apply for a visa without a valid justification on a short notice. If your country of residence does not have does not have a good relationship with your destination country. If you have infectious diseases.

What stops you getting an Australian visa? ›

You may need to provide a police clearance from your country and your other countries of residence to us. You will not pass the character test if you hold a substantial criminal record. If you don't pass the character test, you will not get a visa to enter Australia.

What happens if my visa is denied Australia? ›

When a person's application for a visa is refused or his or her visa is cancelled under section 501 of the Migration Act, unless he or she already holds a protection visa, the person becomes an unlawful non-citizen.

What happens if you make a mistake on your visa application? ›

By Danielle Cohen Immigration Law Solicitor Linkedin

Mistakes on application form can be disastrous. If the mistake is interpreted by officials as an attempt to mislead or deceive, the application must be refused. If the application is for an entry clearance, it will also lead to a 10 year ban on re-entry.

Can I visit Australia with a criminal record? ›

You must not have any criminal convictions, for which the sentence or sentences should not equal a total period of 12 months duration or more (whether served or not), at the time of travel to, and entry into, Australia.”

Which country is hardest for student visa? ›

Saudi Arabia is considered the most difficult student visa to get but there has been arguments about that this toughness is only for Non-Muslims and that Muslim countries like Pakistan easily get Saudi student visa but that is still a matter not approved of by Saudis.

Why do student visas get rejected? ›

Common Reasons behind Student Visa Rejection

Lack of sufficient financial funds or proofs to support foreign education. The inability of confirming a necessary return to India after completion of education. Incorrect or false documents. Inadequate language or communication skills.

Which country give student visa easily? ›

A: Undoubtedly, you need to put some effort to acquire a student visa for any country, however, the most prominent options to accomplish easy attainment of student visa as an Indian student are Australia, Canada, and New Zealand.

How much is sufficient funds for Australia? ›

A sufficient amount is generally regarded as being a minimum of AUD$5,000, although the amount may vary depending on your length of stay and how much travelling you intend to do. You should also have a return or onward ticket or the funds for a fare to depart Australia if travelling on a one way ticket.

Does Australia check your bank account? ›

We check your bank account information is up to date as part of our compliance program. We do this by comparing both: the bank information you told us. how much bank interest the Australian Taxation Office (ATO) tells us you got in past financial years.

How much bank balance is required to study in Australia? ›

Evidence must be in the form of official government documents such as tax assessments (IT Returns). Evidence in the form of bank statements or information directly from an employer is not acceptable. For students accompanied by family members, the requirement is at least AUD72,592.

How long Australian visa takes? ›

Processing Times* by client location - 50 percent (median)
August 2022
Visa ProgramVisa CategoryIn Australia
PermanentSkilled (Permanent) Partner (First Stage)5 Months 9 Months
TemporarySkilled (Temporary) Student Visitor Working Holiday Maker3 Months 5 Months 4 Months 45 Days
26 Sept 2022

Why is it so hard to get a visa for Australia? ›

The application for any visa in Australia requires a substantial number of supporting documents and applicants often mistakenly provide insufficient information in their application. This is the leading reason why visa applications get rejected. Each visa application requires different types of supporting documents.

How do I prove sufficient funds for visa? ›

The only recognized way to prove your financial sufficiency are recent bank account statements during the last three months. Attention, bank statements must show the name and address of the owner. The embassies cannot accept Travel Money Cards or cash as proof of sufficient funds.

What is the easiest way to get Australian visa? ›

Application Process for an Australia Visit Visa in 2022
  1. Step 1: You must choose a suitable subclass.
  2. Step 2: Submit the necessary documents.
  3. Step 3: Fill the visa application form.
  4. Step 4: Pay the required visa fees.
  5. Step 5: Arrange an appointment for submitting the application form.

Is it possible to get visa after rejection? ›

Can I reapply for a visa? After being found ineligible for a visa, you may reapply in the future. If you reapply for a visa after being found ineligible, with the exception of 221(g) refusals, you must submit a new visa application and pay the visa application fee again.

Why is Australian visa taking so long? ›

The major reasons for the delays include understaffed embassies, high demand from outgoing Indian travellers, the backlog of student visas, and stricter visa policies, experts tell The Quint. “The reason for the delays is that there are too many applications and not enough people to manage them.

Which country rejected visa most? ›

Which Countries Have The Highest Rejection Rates? According to Schengen Visa Statistic 2021, the 4 countries with the highest rejection rates were: Sweden, Norway, France, and Denmark.

How do I know if my visa is approved? ›

You can check the status of your visa application on ceac.state.gov. If your visa has been denied, you may find useful information on Ineligibilities and Waivers on usvisas.state.gov.

How will I know if my visa is rejected? ›

Upon visa refusal, you will get a letter from the consulate stating the reason for refusal. This will help you reapply after a specific period of time by rectifying the mistake. Also, some of the consulate websites provide the visa status with the reason for rejection, if any.

Can I go to Australia without ielts? ›

To answer this question straight, it is a big yes but, with conditions. Students looking for admission to the top universities in Australia can apply without IELTS scores only if they have studied in those countries where certificates awarded are recognized by the Australian Education System.

Is Australia giving visitor visa now? ›

From early 2022 (phase 2), all applicants in Australia applying for a Visitor visa (subclass 600) in the Tourist stream must lodge their application online via ImmiAccount.

Which country does not need visa to Australia? ›

This includes Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, Romania, Bulgaria, Croatia and Cyprus.

How much money should I show for Australia student visa? ›

Some of the important points to know when applying for an Australian University and acquiring a student Visa are: You can make online applications through ImmiAccount. The application fee is around 630 AUD for subclass 500. The funds required as proof for a single student are 62,222 AUD.

How much bank statement is required for Australia study visa? ›

Fund requirements

As for travel, you will be required to show 2000 AUD for yourself. If any of your family members are coming along, an additional 2000 AUD are to be stated in the bank statement as to their travel expense. Then there is a tuition fee for one year which has to be covered.

How do I prove sufficient funds for visa? ›

The only recognized way to prove your financial sufficiency are recent bank account statements during the last three months. Attention, bank statements must show the name and address of the owner. The embassies cannot accept Travel Money Cards or cash as proof of sufficient funds.

Does Australian student visa need bank statements? ›

Proof of Sufficient Funds

To receive an Australian student visa, you must prove that you have enough money to support yourself throughout your stay. There are two options for meeting this requirement: Provide bank statements, evidence of grants or scholarships.

Why Australian student visa take so long? ›

Increased number of non-genuine applications and Australia student visas issued to non-genuine applicants. According to the DHA's scrutiny report, incorrect information provision and fraudulent documentation are one of the most common reasons for student visa refusals.

How much is proof of funds for Australia? ›

This annual income option requires a applicant to provide evidence of personal annual income of at least AUD62,222. The income demonstrated must be the personal income of student's parents OR spouse (who is not coming with student).

How much bank balance is required to study in Australia? ›

The annual income option requires students to provide evidence of personal annual income of at least AUD62,222. For students accompanied by family members the amount is AUD72,592. The income demonstrated must be the personal income of your spouse (who is not travelling with you) or parents.

Does immigration check bank account? ›

Bank verification letters are used for immigration purposes to demonstrate that you have available financial resources to support yourself or your immediate relatives on a visa in the United States.

What is the age limit for student visa in Australia? ›

No Age Limitation

You can apply for an Australian Student Visa at any age. However, special conditions apply if you are under 18 years old. Contact us for more information regarding this.

How long does it take to get Australian visa? ›

Processing Times* by client location - 50 percent (median)
August 2022
Visa ProgramVisa CategoryIn Australia
PermanentSkilled (Permanent) Partner (First Stage)5 Months 9 Months
TemporarySkilled (Temporary) Student Visitor Working Holiday Maker3 Months 5 Months 4 Months 45 Days
26 Sept 2022

What is proof of sufficient funds? ›

Proof of Funds (POF) is a letter or documentation that certifies that an individual, institution, or corporation has sufficient funds (money) to complete a transaction.

How do embassies verify bank statements? ›

mybankStatement® is a one page ticket generated by your bank to replace traditional paper based bank statements that are normally submitted in visa applications. It contains a unique ticket number and passcode that can be used by Embassies to efficiently verify your account holdings are genuine.

How much bank balance is required for visitor visa? ›

The amount of bank balance you should have for applying to the US tourist visa depends on the duration. If it is a 15-day trip, you must have $ 5,000-10,000 in your bank.

How much money do I need for a student visa? ›

An F1 visa allows international students to study full time at a Student and Exchange Visitor Program (SEVP) approved university in the United States. F1 visa costs are around $510 per application, and you should apply at least three months before your course start date. Part-time work is very restricted on an F1 visa.

Can I bring my parents to Australia on student visa? ›

You can apply to bring your family to Australia on your initial student visa application, or you can apply to have your family join you after your course begins. You should declare your immediate family members on your visa application, even if you don't plan to travel with them to Australia.

Who can sponsor me for Australian student visa? ›

Genuine access – Government loans, scholarships or financial support
  • the student's education provider in Australia.
  • the Australian Commonwealth Government.
  • the government of a State or Territory in Australia.
  • the national government of a foreign country.

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