日本で結婚した非正規移民への在留特別許可―「婚姻が安定かつ成熟していること」はいかに評価されているのか―

抄録

This research problematizes the arbitrary implementation of Special Permission for Residence (SPR) through the cases of unauthorized migrants married in Japan. Obtaining SPR from the Ministry of Justice (MOJ) is the only way unauthorized migrants can get legal residency in Japan. In the 1990s and early 2000s, unauthorized migrants married with Japanese citizens obtained residency relatively easily. However, the percentage of SPR cases that were successful declined from 93% to 50% from 2004 to 2017. This study asks why the percentage of SPR has decreased by examining how MOJ evaluates marriage life of unauthorized migrants. Drawing on interviews with 12 married (including de facto marriage) unauthorized migrants and one ex-immigration inspector, the author points out that the key reason for decreased SPR granting rate is the ambiguous and shifting criteria MOJ uses to evaluate “stable and mature marriage.” In order to assure themselves of the credibility of the marriage, MOJ arbitrarily includes the presence of children in their recent evaluation. This change affects many unauthorized migrants’ chance of getting SPR, and results in increased economic and personal hardship.