If you have “Spouse or Child of Japanese National” or ” Spouse or Child of Permanent Resident” status and for some reason you are divorced, you may be wondering whether you can continue to stay in Japan.
If you have not yet divorced but are living separately, or if your divorce has been finalized, her is an advice on what you should do about your status of residence.
1. If you have not yet divorced but are living separately from your spouse.
If the couple are separated and have not yet repaired their relationship and have not yet divorced, but have separated and are trying to repair their relationsip because they do not want to divorce, or are in the process of mediated or judical divorce (separation is also referred to in Article 752 of the Civil Code: ” The soused shall live together and shall cooperate and support each other”… Therefore, the couple should contine to live together as long as possible.)), you may be able to have your status of residence renuewed for a reduced period of six months by providing a reasonable explanation to the immigration authorities of the circumstance leading to your separation.
Please note that with the status of “Spouse or Child of Japanese National” or “Spouse or Child of Permanent Resident”, if a person is deemed not to have carried out activities as a souse for six months or more after an ongoing separation or divorce, the status of residence ceases to be applicable and falls under the grounds for revocation of the visa (status of residence).
In addition, please note that the spouse normally becomes the gurantor in the case of souse visa, but if the spouse fails to act as guarantor, the examination will be more severe.
2. In the event of a divorce
If you have been divorced, you have to apply whthin six months for a change of status residence to a status of residence applicable to the activity you are carrying out at the time of the divorce.
If you do not falls under any of the other status, such as “Engineer/Specialist in Humanities/ Internation Services” , or etc., but your individual circumstances are assessed and there are special circumstances that allow you to stay in Japan, you may be able to change your status to “Long-term Resident”.
Please contact us for advice on which status you should change to, as this depends on your individual circumstances, such as the length of your marriage, whether you have children, your work sisutation and your previous situations.
We understand that you may be hesitant to talk about the circumstances leading to your divorce, as these are very sensitive and private matters.
However, please be assured that our female certified Immigration Specialist will be there for you and will do her best to support you.
