Can I stay in Japan running my own company after a 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?

An enquiry from a company owner facing divorce, asking how to keep his company going and stay in Japan.

Can I extend my spouse visa after a divorce?

No. 「日本人の配偶者等」 is a status of residence that assumes married life with a Japanese national.

「日本人の配偶者等」 is a status of residence that assumes you are living a married life with a Japanese national.

• Why it cannot be extended: once the divorce becomes final, you are no longer the 「配偶者」 (spouse) named in the status of residence, so an extension is not granted
• The risk of a false application: if you hide the divorce and file an extension application, it is treated as a false application, and in the worst case this leads to 退去強制 (deportation) and serious harm to your ability to obtain a status of residence in future

So, while you still have period of stay left, you need to switch within those 4 months to a different status of residence, 「経営・管理」 (that is, file an 在留資格変更許可申請).

What do I need for a change to 「経営・管理」?

Please check 3 points as soon as you can: the amount invested, an independent office, and the continuity of the business.

1. An investment of at least 30 million yen (3000万円)
   That the company you have already set up has capital of at least 30 million yen (3000万円).
2. Securing an independent office
   That you have office space used solely for the business, separate from your home (the lease must be for business use).
3. Continuity of the business
   That your recent accounts do not show continuing losses, and that there is enough turnover to pay you an adequate remuneration.

Having 4 months left until your current expiration date is a real advantage as preparation time. If you can get an application to change to 「経営・管理」 accepted within this period, you can stay in Japan during screening under the 特例期間 (grace period).

What should I do right now?

3 things: notify the divorce, check your office, and consider going back to employment.

1. Notify the 地方出入国在留管理局 of the divorce
   Submit a 「配偶者に関する届出」 (Notification concerning your spouse) within 14 days of the divorce being finalised. This is a legal obligation.
2. Check your office
   If you are currently working from a home that doubles as your office, you need to move quickly, ahead of a change to 「経営・管理」, either to rent a separate office or to secure a space inside your home clearly set aside for work (partitioned by walls, for example).
3. Consider going back to 「技術・人文知識・国際業務」
   If instead of running a business you go back to being employed by a company, a change to 「技術・人文知識・国際業務」, which you held before, is also an option.

Your record of paying taxes in Japan so far, and your experience of setting up and running a company, are things that can be valued as signs of settlement in the screening for a new status of residence. So that your business does not have to stop, please start early on the paperwork, especially a detailed business plan.

Frequently Asked Questions

Related Articles

• Is there a status of residence that lets me stay in Japan after a divorce?
• What happens to my status of residence if I want to give birth in Japan after a divorce?
• Can I keep living in Japan after my Japanese spouse has died?
• If my spouse visa is approved while I am on a short stay, do I have to go home?

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.