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）
Even while 離婚調停 (divorce mediation) is going on, you can file an application to extend 在留資格「日本人の配偶者等」 (Spouse or Child of Japanese National). However, because you are in mediation and already living apart, it is likely to be judged that the substance of the marriage has been lost, and screening becomes very strict. Your child's status of residence also needs to be considered at the same time.
An enquiry from someone who is in divorce mediation, living apart, and whose period of stay is about to run out.
You can file the application itself, but screening becomes very strict.
Even while 離婚調停 is going on, you can file an application to extend 「日本人の配偶者等」. However, the 地方出入国在留管理局 (Regional Immigration Services Bureau) looks at such an application very strictly.
「日本人の配偶者等」 is a status of residence that assumes the couple live together in Japan and build a stable married life by supporting each other. From the fact that you are in 離婚調停 and living apart, it is more likely to be judged that the substance of the marriage has been lost.
2 points: doubt about whether the marriage is genuine, and a mismatch with the purpose of the status of residence.
For these reasons, it has to be said that there is a high chance the extension will be denied.
Explain honestly how the mediation came about, the present state of the marriage, and how you are raising your child.
Even after explaining all of this, screening remains strict.
If your own status of residence changes, your child's status also needs to be looked at again.
If your own status of residence changes, your child's 在留資格「家族滞在」 also needs to be looked at again, including a possible change. A child's status of residence is not automatically lost at the moment a parent's status changes, but that does not mean it can simply be left as it is, so please consider it separately.
Where the child is a minor and you, the natural parent, continue to live in Japan as the person with parental authority, a change to 在留資格「定住者」 (Long-Term Resident) may be granted out of humanitarian consideration. In that case, it is important that the Japanese spouse acts as the child's 身元保証人 (guarantor) and clearly shows an intention to support the child.
The most important thing is to consider your own and your child's future status of residence before the divorce becomes final.
An extension application filed during 離婚調停 cannot be said to have a high chance of being granted. So you need to plan from the point of view of how you and your child will go on living in Japan.
There are many points here that are hard to handle on your own, so please consult a specialist in residence procedures.
You can file the application itself. However, because you are in mediation and living apart, it is likely to be judged that the substance of the marriage has been lost, and screening becomes very strict.
Because 「日本人の配偶者等」 is a status of residence that assumes the couple live together in Japan and build a married life by supporting each other. If you are in mediation and living apart, doubt arises about whether the marriage is genuine, and it is judged not to match the purpose of the status of residence.
If your own status of residence changes, your child's status also needs to be looked at again. Where the child is a minor and the natural parent continues to live in Japan as the person with parental authority, a change to 「定住者」 may be granted out of humanitarian consideration.
A change to 「定住者」 may be possible, and if you will work in Japan, a change to a work-related status of residence can also be considered. For a change to 「定住者」, factors such as the length of the marriage so far and how you are raising your child are taken into account. It is important to consider your own and your child's status of residence together before the divorce becomes final.
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This page is a translation of the Japanese original. Where the two differ, the Japanese version prevails.