Understanding Constitutive and Declaratory Registration

Introduction

Constitutive registration and declaratory registration — these terms may sound complicated, but the concepts are actually quite simple.

Let's compare marriage between two Japanese nationals with international marriage to make it easy to understand.

Marriage Between Japanese Nationals

When two Japanese nationals marry, they only need to notify Japan — specifically, by submitting a marriage registration form to their local municipal office. That's all it takes for the marriage to be legally established.

International Marriage

In an international marriage, the couple needs to notify both Japan and the partner's home country about the marriage.

However, it's physically impossible to notify both countries at the same time.

So the process works like this: first, you submit a marriage registration to one country to establish the marriage, and then you report the established marriage to the other country.

What Are Constitutive and Declaratory Registration?

"Constitutive registration" refers to the initial notification that establishes the marriage — essentially telling a country "We're getting married."

"Declaratory registration" refers to reporting an already established marriage to the other country — essentially saying "Our marriage has been established in another country."

For declaratory registration, you typically don't need to travel to the partner's country. You can submit the notification at the partner country's embassy located in the country where the constitutive registration was made.

Example

If you first submit the marriage registration in Japan:

• 1. Submit marriage registration at a Japanese municipal office → This is "constitutive registration"
• 2. Report the established marriage at the partner's country's embassy in Japan → This is "declaratory registration"

Important Note for Marriages with Myanmar Nationals

The Myanmar Embassy in Japan does not transmit the marriage establishment between a Japanese national and a Myanmar national to the Myanmar government. In other words, declaratory registration is not possible.

This means that even if a marriage is established in Japan through constitutive registration, the marriage is not recognized in Myanmar, and the Myanmar spouse remains legally single in Myanmar.

While this doesn't cause immediate problems, it is not an ideal situation.

The reason the Myanmar Embassy doesn't handle declaratory registration is likely because Myanmar does not readily recognize marriages with foreign nationals. We hope this will improve in the future.

Impact on Spouse Visa Applications

For countries like Myanmar where declaratory registration is not available, you need to carefully explain the situation to the Immigration Bureau when applying for a spouse visa.

Preparing a written explanation in advance can help the review process go more smoothly.

Summary

• Constitutive registration: The initial notification that establishes the marriage
• Declaratory registration: Reporting an established marriage to the other country
• Declaratory registration can usually be done at the partner country's embassy
• For Myanmar, declaratory registration is not available, so additional explanation is needed for visa applications