2025-06-13

International marriages are increasing in Japan. On the other hand, the number of divorced couples is also increasing. The question is, what happens to the nationality of a foreigner after divorce? Here, we will explain the nationality of divorced international marriages.

International Marriage and Nationality

If Mr. A, a Japanese citizen, and Mr. B, a foreign citizen, get married and live in Japan, Mr. B can obtain a “spouse visa. However, this “spouse visa” does not mean that she can obtain Japanese nationality; Ms. B is only married to Mr. A, who is Japanese, and her nationality remains the same.

If Mr. B wishes to have the same Japanese nationality as Mr. A, he must apply for naturalization and have his acquisition of Japanese nationality recognized.

Procedures after divorce

If Mr. B divorces Mr. A, he must file a notification with the nearest immigration office within 14 days of the divorce.

If Mr. B returns to his home country immediately after the divorce, there is no problem, but if he wishes to continue to reside in Japan, certain procedures are required.

First, it is necessary to change the visa status from “Spouse Visa” to “Resident Visa”. However, the hurdle for approval will be higher if the following conditions are not met.

　・The applicant must have been married for at least three years.

　・The applicant must have assets and skills to live in Japan even after divorce.

A real marriage means that you and your spouse actually lived together and made a living together. Therefore, even if the marriage lasted for more than three years, if the couple spent a long period of time back in their home country, or if they lived separately while in Japan, they do not meet the condition.

In addition, even after the divorce, if you are not able to work and earn a living independently in Japan, you will not be able to meet the requirements.

If your child is a minor and has Japanese citizenship, you are more likely to be granted a “Settler Visa”. In particular, the following conditions must be met

　・The applicant must have parental authority over his/her own Japanese child.

　・The applicant must have actual plans to take care of the child in the future.

　・The applicant must have had custody and care of the child for a considerable period of time.

　・Has sufficient assets and skills to maintain his/her life in the future.

　・The applicant has no criminal record and is of good conduct.

Nationality after divorce

Regarding the nationality after divorce, if divorced Mrs. B had acquired Japanese nationality before the divorce, she can continue to live in Japan as a Japanese national. She will not lose her current Japanese nationality just because she is divorced.

On the other hand, if Mr. B does not have Japanese citizenship and remains a foreign national, the procedure just described is necessary. If it is difficult to obtain a “fixed residence visa,” you will need to consider obtaining another status of residence.

In addition, since the “spouse visa” is usually revoked after six months have passed since the divorce, it is necessary to decide immediately whether you will continue to live in Japan or return to your home country, and if so, which status of residence you should obtain.

Conclusion

When a person who has been internationally married gets divorced, his/her current nationality will not be changed. Foreign nationals will be faced with the choice of whether or not to continue living in Japan. If they wish to continue to reside in Japan, they will need to obtain a “resident visa” or other status of residence.