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What happens to renewal of the period of stay if a person who obtained 「定住者」 as the spouse of a Japanese descendant (定住者) gets divorced?

Foreigners Employment Support Organization (FESO) / Published  / Supervised by 佐藤 拓 行政書士

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)

Who this article is forAn enquiry from the applicant himself or herself about an application for renewal of the period of stay of a holder of the status of residence 「定住者」.

Answer

If you apply for renewal of the period of stay after a divorce, it is said that it is treated not as 「定住者」 (spouse of a 定住者) but as an application for change to what is commonly called "divorce 定住者" (「離婚定住」). In that case, a marriage in Japan with a genuine marital life lasting roughly 3 years or more is said to be one of the requirements, and a marriage that only just meets that length, or a long period of seasonal work overseas, is said to be able to count as a negative factor.

What is this enquiry about?

An enquiry from the applicant himself or herself about an application for renewal of the period of stay of a holder of the status of residence 「定住者」.

How is renewal after a divorce treated?

After a divorce, it is treated as an application for change to what is commonly called "divorce 定住者" (「離婚定住」).

After a divorce, it is said that it is not a renewal as the "spouse of a 定住者" but is treated as an application for change to what is commonly called "divorce 定住者" (「離婚定住」).

What is emphasized for "divorce 定住者" (「離婚定住」)?

A marriage in Japan with a genuine marital life lasting roughly 3 years or more is said to be one of the requirements.

A marriage in Japan with a genuine marital life lasting roughly 3 years or more is said to be one of the requirements. In this case, it is said that the marriage only just meeting that length and the long period of seasonal work overseas are likely to be negative factors.

Frequently Asked Questions

After a divorce, can I still renew as the "spouse of a 定住者"?

It is said that after a divorce it is treated as an application for change to "divorce 定住者" (「離婚定住」).

Is there a guide for the length of marriage emphasized for "divorce 定住者" (「離婚定住」)?

A marriage in Japan with a genuine marital life lasting roughly 3 years or more is said to be one of the requirements.

Is it disadvantageous if I worked overseas for a long period during the marriage?

It is said that a long period of seasonal work overseas can count as a negative factor.

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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. Because it is a translation, the meaning may differ from the original in places. Where something affects a decision you are making, please check the Japanese version or ask us. The supervision by a 行政書士 is of the Japanese version.