Immigration Procedures After Divorce

Q: I married a Japanese man and entered Japan with “Spouse or Child of a Japanese National” visa status. I lived with my husband for four years of marriage, but things did not work out and we divorced. My current period of stay is ‘one year’. What procedures do I need to follow in order to stay in Japan after the divorce?

A: If a foreigner who has divorced or bereaved a Japanese national and wishes to continue living in Japan, it may be possible to change the status of residence from “Spouse or Child of a Japanese National” visa to “Long-Term Resident” visa and continue living in Japan. Even if the period of stay for the current status (spouse of Japanese national, etc.) remains, the status is no longer applicable, so if you are divorced (bereaved), you should apply for a change as soon as possible. The following points should be considered when changing to “Long-Term Resident” visa status;

• • Duration of marriage
  • The existence of a Japanese child in your care.
  • Reason for divorce
  • Future plans for living in Japan.

Requirements for “Long-Term Resident” as Divorced Resident

The so-called ‘long-term resident‘ as a divorced resident is required to fulfil all of the following requirements.

1. Have sufficient assets or skills to earn an independent living.
2. Have “special circumstances” such as raising a child born to a Japanese national, “permanent resident” or special permanent resident in Japan (if there is no child, the fact that the couple has been married for at least three years) which should allow them to stay.

Requirement (2) above requires ‘special circumstances’ and it is not always easy to change the status of residence to ‘long-term resident’ as a divorced resident. The applicant’s current status of residence is also a very important factor to consider.

In the case of the present question, the biggest problem is that the period of stay granted is not “three years” but “one year”, despite the fact that the applicant has lived together as a Japanese spouse for four years. If the immigration authorities have doubts about the financial stability of the wife because of their couple’s low income, there is still a possibility, but if the fact of cohabitation itself is in doubt, or if the immigration authorities discover that the wife has worked in a night club or shoplifted in the past, it will be very difficult to change her status of residence to ‘Long-term resident’.

When applying for “Long-term resident” status as a divorced resident, it is important to clearly explain the circumstances of the divorce, the fact that you have custody and care of your Japanese child, and your future plans for life in Japan in a statement of reasons, etc.

Consideration of changing to a status other than “Long-Term Resident”

Although “long-term resident” status is time-limited, there are no restrictions on the range of activities that can be carried out. If there is a possibility that ‘long-term resident’ status will be granted, you should apply for permission for such a change.

However, if there is no possibility of being granted, or if the application is not granted, you should consider changing to a work-based status or a status based on the establishment of the status of marriage. Of course, it is out of the question to get married as a means to obtain a status of residence, but if you are working for a company, for example, you may be able to obtain a work-related status of residence (working visa), and if you can prepare an investment of at least 5 million yen that you can clearly prove how you obtained (the source of funds), you may be able to obtain a change of status to Business manager visa. Furthermore, if you consult with us before the divorce, you will have more possibilities for subsequent procedures.

What is our service ?

Our office makes them one by one according to each situation.

• services available in English or Chinese,
• provides professional assessment and consultation services according to your personal situation,
• review and organize your documents according to the laws and policies of the immigration of Japan,
• prepare all necessary application documents, attachments and filing lists for you,
• submitting your application to immigration offices throughout Japan (you do not need to be present),
• respond to all inquiries and reports from the Immigration Bureau in the name of the immigration lawyer,
• keep you updated on the progress of your application,
• pick up your Residence Card or COE (Certificate of Eligibility) and return it to you,
• assist you in applying for permanent residence in Japan (green card), if you have lived in Japan continuously for a certain number of years.

Our office has a lot of practical experience. Our Gyoseishoshi lawyer will listen to your situation and advise you on the best way to proceed, as well as creating individualised application forms and justifications. None of the documents are the same.

Other Question?

Please feel free to contact us for advice!

First, please call +81-3-6264-9388 or leave a message on our website with your inquiry. (Please contact us by phone or consultation page.)

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