After divorce, can I apply for Long-Term Resident status once I have left Japan for good?
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
Even if you left Japan for good after your divorce, without applying to change your status of residence, you can still file a 在留資格認定証明書交付申請 for 「定住者」. Whether it is granted depends on all your circumstances taken together. The length of the marriage and your contact with your child carry particular weight.
What is this enquiry about?
An enquiry from a person who left Japan for good after divorce from a Japanese spouse, about whether a Certificate of Eligibility can still be applied for.
Subject: Long-Term Resident status after divorce
Situation: after divorcing his Japanese spouse, the enquirer left Japan for good without applying to change his status of residence. The marriage lasted about 10 years and ended because the couple were not suited to each other. He pays maintenance every month for his daughter, who is at primary school in Japan.
Question: if you left Japan for good after the divorce without applying to change your status of residence, can you still apply for a Certificate of Eligibility for Long-Term Resident status? What documents are needed?
Can I still apply after leaving Japan for good?
You can. Whether it is granted depends on all your circumstances taken together.
Even if you left Japan for good after divorcing your Japanese spouse, without applying to change your status of residence, you can still file a 在留資格認定証明書交付申請 (Application for Certificate of Eligibility) for 「定住者」. Whether the application is granted, however, is decided by the Regional Immigration Services Bureau, weighing up all your circumstances together.
What is taken into account in the screening?
The length of the marriage, the reason for the divorce, your base of life in Japan and your contact with your child.
The length of the marriage: a long marriage works in your favour when seeking a 定住者 visa.
The reason for the divorce: you need to explain what actually happened.
Your base of life in Japan: how far you had established a base of life here after the divorce.
Your ties with Japan: whether you have relatives in Japan, your Japanese ability, your contribution to Japanese society and so on.
Contact with your child: your contact with your daughter at primary school, the need for it, and your payment of maintenance are all important signs of your ties with Japan.
Stable income: whether you have the means to live in Japan.
What documents and evidence of income are needed?
At the Certificate of Eligibility stage, documents from a Japanese employer are not required.
在留資格認定証明書交付申請書 (Application for Certificate of Eligibility)
A copy of the applicant's passport, and a photograph
The Japanese former spouse's family register showing the fact of the divorce, the certificate of acceptance of the divorce notification, and the marriage certificate
Material showing contact between the couple (photographs, letters, records of messages and so on)
The applicant's CV, and material proving Japanese ability
身元保証書 (Letter of Guarantee), and material proving the income of the person supporting you (withholding tax statement, tax payment certificate and so on)
Residence record (including former addresses)
Material showing contact with your child (photographs, letters, records of maintenance payments and so on)
Any other documents that the Regional Immigration Services Bureau asks for in your case
At the Certificate of Eligibility stage, documents from a Japanese employer are not required. You do need to submit documents proving a stable income, such as a certificate of income or a certificate of bank balance from your home country. If you plan to work in Japan in future, you can also submit a letter of job offer.
Frequently Asked Questions
Can I apply for Long-Term Resident status after leaving Japan for good?
You can. Whether it is granted, however, depends on all your circumstances taken together.
Are documents from a Japanese employer required at the Certificate of Eligibility stage?
They are not required. You do need to submit documents proving a stable income, such as a certificate of income or a certificate of bank balance from your home country.
Why does contact with my child matter so much?
Because your contact with your child, the need for it, and your payment of maintenance are important signs of your ties with Japan.
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.
