Hello, this is Takada from IMS Legal Professional Corporation. We often receive inquiries from individuals holding visas as spouses of Japanese citizens or permanent residents who are facing the prospect of divorce. These individuals wonder whether they can continue to stay in Japan or what will happen to their visa status in such circumstances. I'd like to share some advice I provide when faced with such inquiries.
Sometimes, due to various reasons, a situation arises where it becomes impossible to continue living together as a couple, and divorce may be the only option despite best efforts to maintain the relationship. In such cases, whether you are still in the process of divorce or have already gone through with it, there are some important points to consider when updating or changing your residence status.
If You Are Not Yet Divorced
For example, if you are still legally married but have started living separately and are making efforts to repair the relationship during this period, or if you are in the process of divorce through mediation or court proceedings, you may be concerned about your residence status. In such cases, it is important to know what steps to take. (Note that living separately may be a violation of the legal obligation to cohabit under Civil Code Article 752, so it is advisable to continue cohabiting as much as possible.)
→ By providing a reasonable explanation of your circumstances to the immigration authorities, you may be able to renew your visa for a short period of six months.
Specifically:
- If you are going through mediation or court divorce proceedings, keep important documents such as applications, notices of court dates, complaints, and summonses received from the court and submit them as supporting documents when applying for renewal. This will confirm that divorce proceedings are underway.
- Provide an accurate explanation of the facts, the relationship between you and your spouse, and your feelings towards your spouse. If you have been sending money or maintaining regular communication and discussions to reconcile and repair the relationship, explain this as well.
However, it is possible that after applying, you may be asked to submit a "questionnaire" to both you and your spouse, which includes questions related to the nature of your marriage.
(*Please note that providing false information can lead to serious consequences, including being charged with "fraudulent acquisition of residence status" under Article 70, or "assisting fraudulent acquisition of residence status for profit" under Article 74-6 of the Immigration Control Act, which carries penalties of up to three years in prison, a fine of up to 3 million yen, or both.)
If the immigration authorities determine that there are valid reasons for your continued stay, they may grant a six-month extension.
*However, please be aware that even if there are various circumstances as mentioned above, if your spouse did not act as a guarantor for your visa, the screening may be even stricter than if your spouse had acted as a guarantor.
Additionally, if you hold a residence status as a spouse of a Japanese citizen or a spouse of a permanent resident and continue to live separately or are considered to have not engaged in spousal activities for more than six months after divorce, your residence status will be considered invalid, and it will be grounds for revoking your visa (residence status).
If You Have Already Divorced
If you have gone through with the divorce, you will need to apply for a change of residence status within six months based on your current activities. Depending on your individual circumstances, if you do not fit into any other residence status category like "Technical Intern," "Humanities and International Services," etc., and you can demonstrate special circumstances that allow you to continue residing in Japan, you may be able to change your status to "Long-Term Resident." However, the specific requirements for changing to "Long-Term Resident" vary depending on your situation, so it is advisable to consult with our office.
The requirements for changing to "Long-Term Resident" typically include:
(1) A marriage where you and your spouse lived together and maintained a genuine marital relationship for more than three years.
If you have children, it is often considered desirable that it is in the best interests of the child for you to continue raising them in Japan.
(2) The ability to support yourself independently after divorce. (If you have children, this means having the means to support them independently.)
Even if you were previously working part-time and are now employed as a full-time employee, you will need to demonstrate that you can work continuously and stably.
(3) No problems with your residence history, such as fulfilling public duties like paying taxes and complying with Japanese laws.
(4) Proficiency in the Japanese language sufficient for daily life.
Discussing the circumstances and reasons for your divorce can be very sensitive and private. However, when it comes to updating your residence status during a period of separation or changing your residence status to "Long-Term Resident" after divorce, you will need to provide a detailed explanation of the reasons for the divorce, your circumstances, why you need to continue residing in Japan, and whether you can sustain a stable life in the future.
For female clients, our female immigration attorneys will be there to support you.
