What to do if a foreigner divorces on a spouse visa
A spouse visa is issued based on the status of the spouse when a foreigner is married to a Japanese (person with Japanese citizenship).
If a foreigner on a spouse visa divorces their Japanese spouse, they are no longer eligible for a spouse visa because they are no longer married.
Therefore, if they wish to continue to stay in Japan after a divorce, they need to consider options other than a spouse visa.
In practice, Immigration often requires you to notify them of the divorce within 14 days, so failing to report it can create additional problems for future applications.
Notification can be made at the local immigration office, and you may also be asked to submit proof such as a copy of the divorce certificate to update your status records.
This article is about what to do if a person who has a spouse visa gets divorced.
If you divorce, your eligibility for a spouse visa expires
If a foreign national on a spouse visa divorces their Japanese spouse, the spouse visa becomes invalid.
A spouse visa is a qualification issued based on the status of the spouse of a Japanese national. Therefore, if you divorce and are no longer the spouse of a Japanese citizen, you will lose your eligibility for a spouse visa.
Apply for another visa to continue your stay
To continue to stay in Japan after a divorce, you need to apply for a visa other than the spouse visa.
The main ways to obtain another visa are:
- Find a job in Japan and apply for a work visa.
- Start a business
- Marry a Japanese citizen and apply for a spouse visa
- Marry a permanent resident (a foreigner who has the right to live permanently in Japan) and apply for a permanent resident spouse visa
It is common to find a job in Japan and apply for a work visa, but certain educational requirements and work experience are required.
If you already hold a stable job while on a spouse visa, transitioning to a work visa may be smoother, but you must still meet the qualification criteria for the chosen work category.
For example, to apply for the “Engineer/Specialist in Humanities/International Services” visa, you generally need at least a university degree or 10 years of relevant professional experience.
If it is difficult to obtain another visa after the divorce, for example, if you are not in a situation where you can obtain a work visa, you can also apply for a long-term residence visa before the divorce.
You may be able to obtain long-term residence
If you are divorced and lose your eligibility for a spouse visa, you may be able to obtain a long-term resident visa depending on your circumstances.
A long-term resident visa is a visa issued primarily for humanitarian reasons to foreigners living in Japan.
To obtain a long-term resident visa, you usually need to meet the following requirements.
In addition, Immigration may request supporting documents such as proof of custody of children, detailed financial statements, or letters of reference to evaluate whether long-term residency is appropriate.
Even if you meet these conditions, approval is not automatic — Immigration examines the stability of your livelihood, community ties, and whether remaining in Japan is in the best interest of your children.
- You have a child with your divorced spouse and that child is a Japanese citizen
- You have been married for at least 3 years (if you do not have children)
- Good behavior (no criminal record or unpaid taxes)
- Your primary residence is in Japan
