What happens if I cannot remarry within 6 months of my divorce?

This article is a translation of the Japanese original. Where the two differ, the Japanese version prevails. Read the Japanese original（日本語版を読む）

What is this enquiry about?

The 6-month mark since a divorce is approaching, the remarriage procedure is not finished, and the enquirer asks whether she should raise a switch to 「定住者」.

What is the 「6 months」 after a divorce?

It is a rule that if you stay in Japan without carrying out the activities of a spouse of a Japanese national for 6 months or more, your status of residence may become subject to revocation.

The 入管法 (Immigration Control and Refugee Recognition Act) provides that, where a person holding the status of residence 「日本人の配偶者等」 divorces their spouse, if they stay in Japan without carrying out the activities under that status of residence (the activities of a spouse of a Japanese national) for 6 months or more, the status of residence may be revoked. This is what is generally called the 「6か月ルール」, the 6-month rule.

In the enquirer's case, the divorce became final in Japan at the end of March 2025, so the end of September, 6 months later, is one marker.

However, passing the 6 months does not mean that the status is revoked automatically. There is a set procedure for revocation, and where a justifiable reason is recognised, the status does not immediately become subject to it.

Should I ask about a switch to 「定住者」?

Where a remarriage is concretely under way, we would not recommend it.

「定住者」 is a separate, independent status of residence, different from 「日本人の配偶者等」. A change to it is permitted only where there are special circumstances.

• After the divorce, the enquirer has already reached the stage of filing a marriage registration with a new Japanese partner, and she is expected to go on living in Japan
• She is proceeding on the basis that she will continue to extend her stay under 「日本人の配偶者等」

In a situation like this, asking about a switch to 「定住者」 may instead make the procedure more complicated. The 地方出入国在留管理局 looks at the person's situation as a whole. If the remarriage procedure is moving forward, and it is clear that life in Japan is continuing, it fits the facts better to explain that point properly.

What should I do now?

The first priority is to complete the marriage procedure in Japan, and to report that fact to the 地方出入国在留管理局.

1. Complete the marriage procedure in Japan promptly / Once the marriage is final in Japan, the fact of the marriage is recorded in your spouse's certified copy of the family register. This will be the most important document in your future 在留資格更新申請 (application to extend your status of residence).
2. Report the remarriage to the 地方出入国在留管理局 / Once the marriage is final, report it promptly, taking documents that prove the marriage (such as the certified copy of the family register), and make it clear that your new life has begun.
3. You can apply to extend from about 3 months before your period of stay expires / Your period of stay runs until September 2026, so there is no need to file the extension application now. You can apply from about 3 months before your current period of stay expires.

The procedure for reporting the marriage in Thailand does not directly affect the extension of your status of residence in Japan, so there is no need to rush over it.

Frequently Asked Questions

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This article provides general information. Immigration rules change, and outcomes depend on individual circumstances. Please check the Immigration Services Agency website or consult a qualified specialist.
This page is a translation of the Japanese original. Where the two differ, the Japanese version prevails.