Hello, this is Kou of IMS. It seems that the restrictions on foreigners entering Japan will finally be eased from March onwards. I'm sure that many people concerned are watching closely to see what additional procedures will be required. As we help many foreigners apply for visas, we are also constantly paying close attention to the entry restrictions. We hope the government will announce their decision soon.
I had a divorce while on a "Spouse of Japanese National" visa. What happens now?
In today’s post, I would like to explain an inquiry I received from a Chinese woman living in Japan.
She said she has been living in Japan for more than 10 years and would like to apply for permanent residence. However, after learning about her situation, we realized an issue. It seems that she is currently staying in Japan visa on a "Spouse of Japanese National" visa, but she had already gotten divorced two years ago.
Now, the issue is clear. A "Spouse of Japanese National" visa requires that you are still married to a Japanese national and that you are living together as a couple. If you are already divorced, you will not be eligible for a "Spouse or Child of Japanese National" visa and it is not appropriate for you to stay in Japan. In addition, after divorcing a Japanese national, you must file a "Notification of Spouse" with the Immigration Bureau within 14 days of the date of divorce, and if you do not engage in activities as a spouse of a Japanese national for six months or more, your status of residence will be revoked.
For this applicant, since it has been two years since her divorce, she cannot apply for permanent residence because of her problems with her residence status. There is also a possibility that her Foreign Spouse visa has already been revoked. This would mean she may be inadvertently residing in Japan illegally.
Possible Solutions
So, if you have a Foreign Spouse visa and you divorce a Japanese national, what should you do about the issue of your visa? The following are some of the possible ways to deal with this issue, but each situation is different.
- Remarry a Japanese national and apply for a visa extension three months before the expiration date
- Apply for a change to another visa
For ①, it may be a rare case, but it is not impossible. If you remarry a Japanese national, you can continue to stay in Japan. However, in the future, when renewing your period of stay, the screening process will be more stringent, as it usually is when one applies for a change of status. The Foreign Spouse visa has often been misused and obtained under fake marriages, so the screening process tends to be more stringent. Of course, if there is no problem with your status of residence or actual status of your marriage, you will not be denied a visa.
As for ②, which other visa you should change to depends on your situation, but you can typically apply for (1) a long-term resident visa, (2) a work visa, or (3) a student visa.
(1) Changing to a long-term resident visa
Depending on the length of the marriage before the divorce and whether or not you have a child of Japanese nationality in your custody, it may be possible to apply for a long-term resident visa. However, the application for a long-term resident visa in this situation can only be specially approved by the Minister of Justice from a humanitarian perspective. As such, the screening process is very strict and the bar for approval is high.
(2) Changing to a working visa
If you have been working for a company before the divorce, you can apply for a work visa. However, you may need to negotiate with the company you are working for. However, please note that a general work visa basically requires a university degree or higher, or graduation from a Japanese vocational school (with a "specialist" title).
In addition, if you are engaged in “unskilled” labor, you can apply for a "special skills" visa, but there are requirements such as Japanese language proficiency and a skills test. Please consult a qualified professional for specific details.
(3) Changing to a student visa
If you are currently attending a university or have already been admitted, you can apply for a change of status to a student visa. Please consult with the school you will be attending, and if necessary, consult an administrative scrivener or other specialist.
As mentioned above, there are different types of visas (status of residence) in Japan depending on the type of activity one will engage in, and depending on the type of visa, if you do not engage in the activities specified in the approved visa for a certain period of time, your visa will be revoked. Therefore, if the content of your activities or the purpose of your stay in Japan changes, you will need to change your visa (status of residence) accordingly, or return to your home country if you no longer need to stay in Japan.
For more information, please contact us below ↓
https://imsvisa.support/en/contact/
