【Question answered】 What happens when a person with a spouse visa gets divorced?

With the increase in international marriages in Japan, it is not unusual for foreign nationals to hold a spouse visa. What happens to a spouse visa when such a person gets divorced? This is a matter of concern because the marital status, which is the premise of the spouse visa, will cease to exist.

What is a spouse visa?

A spouse visa is a status of residence that a foreigner residing in Japan can obtain when married to a Japanese national. However, the term “spouse visa” is a common name. The exact term is “Status of Residence: Spouse or Child of Japanese National. This status of residence includes not only foreigners who married a Japanese national, but also foreigners who were specially adopted by a Japanese national or born as a child of a Japanese national.

To obtain a spouse visa, the applicant must prepare an application form and the required documents, and submit and apply to the Legal Affairs Bureau (Immigration Bureau). An examination will then be conducted and a decision will be made as to whether or not to grant the visa.

What happens to a spouse visa after divorce?

When a foreign national with a spouse visa gets divorced, he/she does not immediately lose the visa and must return to his/her home country. They can continue to stay in Japan for 6 months by applying at the Legal Affairs Bureau (Immigration Bureau).

Procedures after divorce

First, foreign nationals with a spouse visa must notify the Legal Affairs Bureau (Immigration Bureau) within 14 days of divorce. Go to the nearest Legal Affairs Bureau, present the “residence card” in your possession, fill out the notification form, and submit it.

In addition, it is also possible to submit the notification by mail or online. If by mail, send the notification form and a copy of your resident card to the Legal Affairs Bureau. Online notification can be made easily using the Legal Affairs Bureau’s electronic notification system, but you must “register user information” in advance.

Failure to submit this notification will result in disadvantageous treatment in subsequent changes or renewals of status of residence. Failure to do so may also result in a fine, so be sure to submit the notification.

Once you have submitted this notification, you will be allowed to stay in Japan for a period of six months. If you wish to live in Japan in the future, you will need to change to another status of residence during this period. The most common method is to change your status of residence to “Permanent Resident.

In order to change to “Permanent Resident” status, the following requirements must be met

・Have an income to earn an independent living.

・Married for at least 3 years

・Have a minimum level of Japanese language proficiency

・Have a minimum level of Japanese language proficiency.

・Good conduct during the marriage

・Have a child with a Japanese national.

Another option is to marry a Japanese national or permanent resident after divorce and obtain a new “spouse visa. Furthermore, you can also obtain a work-related visa by working for a company.

Summary

If a foreign national with a spouse visa gets divorced, he/she must notify the Legal Affairs Bureau within 14 days. By doing so, they can stay in Japan for 6 months. If you wish to stay in Japan in the future, you must change your status of residence to another one as soon as possible.


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