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）
Where the marriage has been short and there are no minor children, applying to change to 「定住者」 is in practice a very high hurdle. Even so, if there are special circumstances such as domestic violence, the chance is not zero. If you have stable work, changing to 「技術・人文知識・国際業務」 is said to be the more realistic option.
An enquiry from a woman who has been married to her Japanese husband for less than 2 years and is thinking of divorce because of behaviour close to domestic violence when he drinks.
Because weight is given to the continuity of the marriage and the residence, and to humanitarian matters such as raising a minor child.
「定住者」 is a status of residence granted where the Minister of Justice takes special reasons into account. After a divorce from a Japanese spouse, the following points carry particular weight.
A marriage of less than 3 years, with no child to raise, does not meet the usual requirements for permission as a 定住者.
The chance is small but real, and objective evidence matters.
The fact that the divorce comes from feeling unsafe because of your spouse's drinking, close to domestic violence, is an important element when you ask for humanitarian consideration. It is said that there have been cases in the past where a change to 定住者 was granted even though the marriage was short, because the divorce was accepted as being caused by domestic violence and the applicant had another stable base of life. To obtain permission, however, you must prove with objective evidence that you did feel unsafe.
If you have stable work, applying to change to 「技術・人文知識・国際業務」 is said to be more realistic.
The wish to try for a change to 定住者 is understandable, but the risk of denial is high, and if that happens you will be pushed into another application or into preparing to leave Japan. If you have stable work and a stable income, and the duties at your present company meet the requirements of 「技術・人文知識・国際業務」 — specialised work and the right educational background — permission is said to be very likely. Given the strain on your time and your peace of mind if a change to 定住者 is denied, it is said to be wiser to secure a stable work status first and think about the next step after that.
As next steps, it is suggested that you first check with your company whether your present work meets the requirements of 「技術・人文知識・国際業務」 and move quickly to prepare the change; that you gather as much objective evidence as you can that you felt unsafe, before you raise the subject of divorce; and that, if you do try for a change to 定住者, you work through it closely with a specialist (a certified administrative procedures legal specialist, gyoseishoshi).
As a general rule the hurdle is very high. But if there are special circumstances such as domestic violence and you can prove them with objective evidence, the chance is said not to be zero.
Records of consultations with the police or a criminal complaint, a doctor's medical certificate, records of consultations with public bodies such as a Spousal Violence Counselling and Support Centre, and credible written statements from other people.
If you have stable work and your duties meet the requirements, applying to change to 「技術・人文知識・国際業務」 is said to be the more realistic option.
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This page is a translation of the Japanese original. Where the two differ, the Japanese version prevails.