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）
If your marriage to the person supporting you ends, or if that person dies, you lose the basis for the status of residence 家族滞在. To keep living in Japan, you need to change to another status of residence. Consider a status of residence that fits your situation, such as one that permits work, 「定住者」 (Long-Term Resident) or 「留学」 (Student), and make an 在留資格変更許可申請 (Application for Change of Status of Residence) promptly.
An enquiry about the status of residence of a person living in Japan on 家族滞在 who faces a divorce, or the death of their spouse.
You lose the basis of your stay, which is being supported by that person, so you cannot simply carry on as you are.
「家族滞在」 is a status of residence given to the spouse or child of a foreign national residing in Japan, who is supported by that person. So if your marriage to the spouse supporting you ends (divorce), or if the person supporting you dies, you lose the basis for 家族滞在.
To keep living in Japan, you need to obtain another status of residence. If you leave things as they are, your stay may become 不法滞在 (illegal residence), so it is important to take the right steps promptly.
Depending on your education, work history and living situation: a status that permits work, 「定住者」 or 「留学」.
For any of these, you must meet the requirements of the status of residence you change to. Which one is realistic depends on your education, your work history, your Japanese ability and how you live in Japan. We recommend forming a view at an early stage.
Sort out your situation, prepare the documents, apply, wait for screening, and receive a new 在留カード (Residence Card).
Your application may also be denied. If that happens, you need to consider applying again, or preparing to leave Japan.
The common documents, plus documents proving the divorce or the death.
After losing a spouse this is a hard time emotionally, but it is important to think about your status of residence and start the procedure promptly. If you have particular circumstances, such as having children, we recommend consulting the 地方出入国在留管理局.
Your stay may be regarded as illegal, and this also affects entering Japan later on.
If you stay on after a divorce or a death without making the proper change-of-status application, your stay may be regarded as 不法滞在. If your stay becomes 不法滞在, you are not only subject to 退去強制 (deportation); you may also no longer be permitted to enter Japan after that.
In the difficult circumstances of a divorce or a death, handling the status-of-residence procedure by yourself can be a heavy burden. Please consult a specialist such as a gyoseishoshi who knows these procedures, as early as you can.
As a rule, no. You lose the basis of your stay, which is being supported by that person, so to keep living in Japan you need to change to another status of residence.
A status of residence that permits work, depending on your skills and work history; 「定住者」, if there is a possibility that settled residence in Japan will be recognised; or 「留学」, if you enrol at an educational institution. A change to 定住者 is examined carefully, looking at individual circumstances such as your marital history and whether you have children.
The procedure is much the same as in the case of a divorce, but you need documents proving the death, such as a death certificate or a certificate of the matters entered in the 死亡届.
Your stay may be regarded as 不法滞在. In that case you are not only subject to 退去強制; you may also no longer be permitted to enter Japan after that.
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Get a free consultationThis 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.