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Staying in Japan after divorce: what is needed for a change to 定住者?

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

A divorce does not necessarily mean that your visa is revoked at once. The length of the marriage, whether you have children and how you are raising them, your contribution to Japanese society, the reason for the divorce, humanitarian considerations and your ability to support yourself are the main points taken into account for a change to 「定住者」.

What is this enquiry about?

A guide for people who want to know what is needed to stay in Japan after divorce from a Japanese national.

Is my visa revoked as soon as I divorce?

A divorce does not necessarily mean that it is revoked at once.

「日本人の配偶者等」 rests on your position as the spouse of a Japanese national, so when that marriage ends, the basis for it is lost. But a divorce does not necessarily mean that your visa is revoked at once. The Regional Immigration Services Bureau looks at each person's circumstances and decides whether to allow them to remain in Japan.

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

The length of the marriage, whether there are children, your contribution to Japanese society, the reason for the divorce, humanitarian considerations and your ability to support yourself.

What documents does the procedure need?

The usual documents for a change, plus documents explaining why and how the divorce came about.

It matters that you explain honestly and in detail why the divorce happened and why you want to stay in Japan. Submit as much objective evidence as you can: documents, photographs, statements from other people. Once the divorce has gone through, it is best to speak to the Regional Immigration Services Bureau or a specialist (a certified administrative procedures legal specialist, gyoseishoshi) as soon as you can. Even if you meet the points above, a renewal is not guaranteed.

Frequently Asked Questions

When should I apply for a change to 定住者 after a divorce?

Once the divorce has gone through, it is best to speak to the Regional Immigration Services Bureau or a specialist (gyoseishoshi) as soon as you can, and take the procedure forward.

How long does the marriage need to have lasted to help?

Generally, a marriage of at least 3 years is treated as one guide for a change to 定住者.

Does having children help with the change?

Where you hold parental authority over a child born to you and your Japanese spouse, and are actually raising that child in Japan, the change is said to be more likely to be granted.

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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.