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Can I keep living in Japan after my Japanese spouse has died?

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

As a rule, you cannot simply renew the status of residence 「日本人の配偶者等」. This is a status of residence based on your standing as a spouse, so once that standing is gone, the basis for renewal is gone too. However, by changing to 「定住者」 or to a work-related status of residence, you may be able to keep living in Japan.

What is this enquiry about?

An enquiry from a man who lost his Japanese wife, asking whether he can renew or change 「日本人の配偶者等」 and keep living in Japan.

Can I simply renew it?

As a rule, no.

If your Japanese spouse has died, as a rule you cannot simply renew the status of residence 「日本人の配偶者等」. This status of residence is granted on the basis of your standing as the spouse of a Japanese national, so once that standing is gone, the basis for renewal is gone too.

However, even after your spouse has died, you may be able to keep living in Japan by changing to another status of residence.

What status of residence can I change to?

There are 3 possibilities: 「定住者」, a work-related status of residence, and 「特定活動」.

Changing to 「定住者」

A foreign national whose Japanese spouse has died may in some cases be granted the status of residence 「定住者」 (Long-Term Resident). In screening, the following points are taken into account.

Changing to a work-related status of residence

If you have specialist knowledge or skills for working in Japan, you can consider changing to a work-related status of residence. If you can take a job that meets the requirements of a status of residence such as 「技術・人文知識・国際業務」 (Engineer/Specialist in Humanities/International Services), it is possible to change to that status. In this case, you need to obtain a job offer from a company in Japan.

Changing to 「特定活動」

Even if none of the above statuses of residence applies, the status of residence 「特定活動」 (Designated Activities) is sometimes granted depending on the individual circumstances. A long record of living in Japan, or your contribution to Japanese society, may be taken into account.

How should I go about the procedure?

Speak to the 地方出入国在留管理局 as early as you can, gather the necessary documents, and apply for the change.

  1. Speak to them promptly/Once your spouse has died, report this to the 地方出入国在留管理局 (Regional Immigration Services Bureau) with jurisdiction as early as you can, and ask about your residence from here on. It is important to get specific instructions on what documents will be needed and what procedure you should follow.
  2. Apply for the change within the time limit/You need to apply for a change to a new status of residence before the period of stay of your current 「日本人の配偶者等」 expires. If you pass the deadline, you may fall into illegal residence. In addition, under 入管法第22条の4第1項第7号, if you do not carry out the activities of a spouse continuously for 6 months or more, the status of residence is said to be liable to revocation even if period of stay remains. However, the law places the reservation "except where there is a justifiable reason" (正当な理由がある場合を除く), so it is not that your status is revoked straight away once 6 months have passed. Either way, please do not put things off because there is still time before your period of stay expires. Go ahead with the procedure early.
  3. Prepare the necessary documents/The documents needed differ according to the status of residence you wish to change to. For a change to 「定住者」, documents proving how you have been living in Japan (about your residence, about your income, about your friendships and so on) may be required.

In screening for a new status of residence, it becomes important that you have the financial means and the housing to lead a stable life in Japan. A marriage of 5 years and a record of living in Japan are factors that are taken into account in an application to change to 「定住者」. The most important thing is first to explain your situation in detail to the 地方出入国在留管理局 and check what procedures are possible.

Frequently Asked Questions

If my Japanese spouse has died, can I renew 「日本人の配偶者等」?

As a rule, no. This status of residence is granted on the basis of your standing as the spouse of a Japanese national, so once that standing is gone, the basis for renewal is gone too.

After the death of a spouse, what status of residence might I change to?

There are 3 possibilities: 「定住者」, a work-related status of residence such as 「技術・人文知識・国際業務」, and 「特定活動」. Which one suits you differs according to your own situation.

What is taken into account in a change to 「定住者」?

The length of the marriage, your base of life in Japan (years of residence, occupation, assets, whether you have relatives or friends here, Japanese ability, how well you have settled into Japanese society and so on), and humanitarian considerations according to the individual circumstances.

What should I do first after my spouse has died?

Report this to the 地方出入国在留管理局 with jurisdiction as early as you can, and ask about your residence from here on. Under 入管法第22条の4第1項第7号, if you do not carry out the activities of a spouse continuously for 6 months or more, the status of residence is said to be liable to revocation (except where there is a justifiable reason). So even if there is still time before your period of stay expires, it is important to move 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.