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What happens to my status of residence if I want to give birth in Japan after a divorce?

Foreigners Employment Support Organization (FESO) / Published  / Last updated

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)

Answer

Even after a divorce becomes final, your status of residence is not lost immediately, up to the expiration date of your period of stay. However, a 「配偶者に関する届出」 is required within 14 days of the divorce, and if you do not carry out the activities of a spouse under 「日本人の配偶者等」 for 6 months, your status of residence is said to become subject to revocation. Please consider a change to 「定住者」.

What is this enquiry about?

An enquiry from a pregnant woman whose divorce is final, who wants to give birth in Japan and continue to live here.

Does my status of residence stay the same after a divorce?

Your status of residence is not lost immediately, up to the expiration date of your period of stay, but you need to consider a change.

Even after a divorce becomes final, the 「日本人の配偶者等」 you hold is not lost immediately.

However, 「日本人の配偶者等」 is a status of residence based on your position as the spouse of a Japanese national. If you do not carry out those activities for 6 months, your status of residence is said to become subject to revocation. There is a procedure for revocation, and where there is a justifiable reason your status is not revoked straight away, but you do need to consider a change to another status of residence, such as 「定住者」 (Long-Term Resident), at an early stage.

What should I do first after a divorce?

You need to make a 「配偶者に関する届出」 within 14 days of the divorce.

Within 14 days of the divorce, you need to make a 「配偶者に関する届出」 (Notification concerning your spouse) to the 地方出入国在留管理局 (Regional Immigration Services Bureau).

The notification can be made through the electronic notification system of the 出入国在留管理庁 (Immigration Services Agency of Japan).

This notification is a legal obligation. Please complete it within the time limit first, while you also look into changing your status of residence.

What is looked at in a change to 「定住者」?

3 points: Japanese language ability, sufficient assets or skills to make a living, and whether public obligations have been met.

For an 在留資格変更許可申請 to 「定住者」, the following points are mentioned.

  1. Japanese language ability: Japanese good enough for daily life without difficulty. There is no requirement to have passed a particular level of the Japanese-Language Proficiency Test such as N1 or N2, so it is not the case that you must always prepare a test result certificate
  2. Having assets or skills sufficient to make a living: having a financial base for living in Japan
  3. Having met, or being expected to meet, public obligations: meeting your responsibilities in society, such as paying taxes and obeying the law

These are all said to be factors taken into account in practice. What is looked at differs with your circumstances, so you need to check against your own situation.

What documents are needed, and how long does screening take?

The application form and documents on your status, plus material showing your income and tax payments. Screening takes about 3 months as a guide.

An application to change to 「定住者」 is made at a 地方出入国在留管理局 in Japan. Screening is said to take about 3 months as a guide in practice.

Please allow time before the expiration date of your period of stay and start preparing your documents early.

Frequently Asked Questions

Do I lose 「日本人の配偶者等」 as soon as I divorce?

It is not lost immediately. However, if you do not carry out the activities of a spouse under 「日本人の配偶者等」 for 6 months, your status of residence is said to become subject to revocation, so please consider a change to another status of residence at an early stage.

What notification is required after a divorce?

Within 14 days of the divorce, you need to make a 「配偶者に関する届出」 to the 地方出入国在留管理局. It can be made through the electronic notification system of the 出入国在留管理庁.

What sort of points are looked at in a change to 「定住者」?

3 points are mentioned: Japanese good enough for daily life without difficulty, a financial base for living in Japan (assets or skills sufficient to make a living), and whether public obligations such as paying taxes and obeying the law have been met. As for Japanese ability, there is no requirement to have passed a particular level of the Japanese-Language Proficiency Test such as N1 or N2.

How long does an application to change to 「定住者」 take?

Screening is said to take about 3 months as a guide in practice. Please allow time before the expiration date of your period of stay and start preparing your documents early.

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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.