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）
Once a divorce becomes final, 「日本人の配偶者等」 loses the basis it rests on. Please notify the 地方出入国在留管理局 within 14 days of the date of the divorce. That does not close off the road to staying in Japan, though. You can consider a change to 「定住者」, a work status of residence, 「特定活動」 and so on.
An enquiry from someone whose relationship with their Japanese spouse has broken down, asking how a divorce affects their status of residence.
They do. It becomes more likely to be judged that the marriage lacks substance, or has broken down.
If you file an application to extend your period of stay while you are living apart or holding divorce talks, it becomes more likely to be judged that the marriage lacks substance, or has already broken down. If it is judged to have broken down, you are taken not to meet the basis of the status of residence, and there is a higher chance of denial.
On the 質問書 (questionnaire) you submit with an extension application, you have to write in detail about the substance of the marriage. If you write honestly that you are living apart or that you are considering divorce, screening will become stricter, but you must never write anything false.
Submit a 「配偶者に関する届出」 within 14 days of the date of the divorce.
Once a divorce becomes final, you are no longer the spouse of a Japanese national, so 在留資格「日本人の配偶者等」 in principle loses the basis it rests on.
Depending on whether you have children, your education and work history, and your study plans, the options are 「定住者」, a work status of residence, 「特定活動」 and 「留学」.
If you have a child with your Japanese spouse, you may be able to consider a change to 在留資格「定住者」 (Long-Term Resident). The following points are looked at.
If you have graduated from a university or a vocational school and can take a job of a kind accepted under 在留資格「技術・人文知識・国際業務」 (Engineer/Specialist in Humanities/International Services) or similar, you can consider a change to a work visa. What is looked at is your education, that the duties at your new employer match the status of residence, stable income, and the stability of the employer. It is important to move ahead with the procedure promptly, before your status of residence comes to an end.
This is considered where, for example, divorce proceedings are under way and you need to stay in Japan for the time being, or where it is accepted that a parent raising a child needs to be in Japan. Usually 6 months is granted, and during this time you either go ahead with a change to your next status of residence or prepare to leave Japan.
If you want to resume your studies or study a new field, a change to 在留資格「留学」 (Student) is also an option. You need, among other things, admission to a Japanese educational institution (a university, vocational school, Japanese language school and so on) and the ability to pay tuition and living costs.
A 行政書士 handles the status of residence; a lawyer handles the legal procedures of the divorce itself. Work with both.
Divorce talks and status-of-residence matters are closely connected, so it is important to consult both kinds of specialist and work with them together.
Giving false information in a notification or an application has serious effects on your ability to obtain a status of residence later. Please deal with it honestly.
You have an obligation to submit a 「配偶者に関する届出」 within 14 days of the date of the divorce. If you fail to make this notification, your status of residence may be revoked.
You may be able to consider a change to 「定住者」. What is looked at includes the fact that you have custody of and are raising the child, financial stability to support the child, and your period of stay and tax payments so far.
After you notify the divorce, 「特定活動」 (usually 6 months) may be granted so that you can change to your next status of residence or prepare to leave Japan. It is not granted automatically, though: it is granted depending on the case, after an application to the 地方出入国在留管理局 for a change of status of residence. Please consider your next step during this period.
You can file the application itself, but it becomes more likely to be judged that the marriage lacks substance, or has already broken down. You must never write anything false on the 質問書.
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This page is a translation of the Japanese original. Where the two differ, the Japanese version prevails.